Commission Directive 2008/45/EC
of 4 April 2008
amending Council Directive 91/414/EEC as regards an extension of the use of the active substance metconazole
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, and in particular the second indent of the second subparagraph of Article 6(1) thereof,
OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2008/41/EC (OJ L 89, 1.4.2008, p. 12).
Whereas:
(1) By Commission Directive 2006/74/EC metconazole was included as active substance in Annex I to Directive 91/414/EEC.
OJ L 235, 30.8.2006, p. 17.
(2) When applying for the inclusion of metconazole its notifier BASF Aktiengesellschaft submitted data on uses to control fungi which supported the overall conclusion that it may be expected that plant protection products containing metconazole will fulfil the safety requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC. Therefore, metconazole was included in Annex I to that Directive with the specific provisions that Member States may only authorise uses as fungicide.
(3) In addition to the control of fungi in certain agricultural uses, the notifier now has applied for an amendment to those specific provisions as regards the use as a plant growth regulator. In order to support such an extension of the use, the notifier submitted additional information.
(4) Belgium evaluated the information and data submitted by the notifier. It informed the Commission in October 2007 that it concluded that the requested extension of use does not cause any risks in addition to those already taken into account in the specific provisions for metconazole in Annex I to Directive 91/414/EEC and in the Commission review report for that substance. This is particularly the case since the extension covers applications at rates that are lower than those necessary for a use as fungicide while the other application parameters as set out in the specific provisions of Annex I to Directive 91/414/EEC remain unchanged.
(5) Therefore it is justified to modify the specific provisions for metconazole.
(6) It is therefore appropriate to amend Directive 91/414/EEC accordingly.
(7) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DIRECTIVE: