Commission Implementing Regulation (EU) 2015/2069 of 17 November 2015 approving the basic substance sodium hydrogen carbonate in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance)
Commission Implementing Regulation (EU) 2015/2069of 17 November 2015approving the basic substance sodium hydrogen carbonate in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011(Text with EEA relevance) THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EECOJ L 309, 24.11.2009, p. 1., and in particular Article 23(5) in conjunction with Article 13(2) thereof,Whereas:(1)In accordance with Article 23(3) of Regulation (EC) No 1107/2009, the Commission received on 26 March 2014 an application from the Danish Environmental Protection Agency for the approval of sodium hydrogen carbonate as basic substance. That application was accompanied by the information required by the second subparagraph of Article 23(3).(2)The Commission asked the European Food Safety Authority (hereinafter "the Authority") for scientific assistance. The Authority presented to the Commission a Technical Report on the substance concerned on 11 December 2014European Food Safety Authority, 2015; Outcome of the consultation with Member States and EFSA on the basic substance application for sodium hydrogen carbonate for use in plant protection as a fungicide for the control of mildews on a range of horticultural crops, apple scab and for post-harvest control of storage diseases of various fruits. EFSA supporting publication 2015:EN-719. 30 pp.. The Commission presented the review reporthttp://ec.europa.eu/food/plant/pesticides/eu-pesticides-database/public/?event=activesubstance.selection&language=EN and a draft of this Regulation to the Standing Committee on Plants, Animals, Food and Feed on 28 May 2015 and finalised them for the meeting of that Committee on 9 October 2015.(3)The documentation provided by the applicant shows that sodium hydrogen carbonate fulfils the criteria of a foodstuff as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the CouncilRegulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).. Moreover, it is not predominantly used for plant protection purposes but nevertheless is useful in plant protection in a product consisting of the substance and water. Consequently, it is to be considered as a basic substance.(4)It has appeared from the examinations made that sodium hydrogen carbonate may be expected to satisfy, in general, the requirements laid down in Article 23 of Regulation (EC) No 1107/2009, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve sodium hydrogen carbonate as a basic substance.(5)In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions for the approval which are detailed in Annex I to this Regulation.(6)In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1). should be amended accordingly.(7)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,HAS ADOPTED THIS REGULATION:
Article 1Approval of a basic substanceThe substance sodium hydrogen carbonate as specified in Annex I is approved as a basic substance subject to the conditions laid down in that Annex.
Article 2Amendments to Implementing Regulation (EU) No 540/2011Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
Article 3Entry into forceThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 17 November 2015.For the CommissionThe PresidentJean-Claude JunckerANNEX I
Further details on identity, specification and manner of use of basic substance are provided in the review report.
Common Name, Identification NumbersIUPAC NamePurityDate of approvalSpecific provisions
Sodium hydrogen carbonateCAS no: 144-55-8Sodium hydrogen carbonateFood grade8 December 2015Sodium hydrogen carbonate shall be used in accordance with the specific conditions included in the conclusions of the review report on sodium hydrogen carbonate (SANTE/10667/2015) and in particular Appendices I and II thereof.
ANNEX IIIn Part C of the Annex to Implementing Regulation (EU) No 540/2011, the following entry is added:
Further details on identity, specification and manner of use of basic substance are provided in the review report.
NumberCommon Name, Identification NumbersIUPAC NamePurityDate of approvalSpecific provisions
"9Sodium hydrogen carbonateCAS no: 144-55-8Sodium hydrogen carbonateFood grade8 December 2015Sodium hydrogen carbonate shall be used in accordance with the specific conditions included in the conclusions of the review report on sodium hydrogen carbonate (SANTE/10667/2015) and in particular Appendices I and II thereof."
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Further details on identity, specification and manner of use of basic substance are provided in the review report.