Search Legislation

Commission Directive 2009/37/ECShow full title

Commission Directive 2009/37/EC of 23 April 2009 amending Council Directive 91/414/EEC to include chlormequat, copper compounds, propaquizafop, quizalofop-P, teflubenzuron and zeta-cypermethrin as active substances (Text with EEA relevance)

 Help about what version

What Version

 Help about UK-EU Regulation

Legislation originating from the EU

When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.

Close

This item of legislation originated from the EU

Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).

Status:

This is the original version (as it was originally adopted).

ANNEX

The following entry shall be added at the end of the table in Annex I to Directive 91/414/EEC:

a

Further details on identity and specification of active substance are provided in the review report.

NoCommon name, identification numbersIUPAC namePurityaEntry into forceExpiration of inclusionSpecific provisions
‘281

Chlormequat

CAS No 7003-89-6 (chlormequat)

CAS No 999-81-5 (chlormequat chloride)

CIPAC No 143 (chlormequat)

CIPAC No 143.302 (chlormequat chloride)

2-chloroethyltrimethylammonium (chlormequat)

2-chloroethyltrimethylammonium chloride (chlormequat chloride)

≥ 636 g/kg

Impurities:

  • 1,2-dichloroethane: max 0,1 g/kg (on the dry chlormequat chloride content).

  • Chloroethene (vinylchloride): max 0,0005 g/kg (on the dry chlormequat chloride content).

1 December 200930 November 2019

PART A

Only uses as plant growth regulator on cereals may be authorised.

PART B

In assessing applications to authorise plant protection products containing chlormequat for uses other than in rye and triticale, notably as regards the exposure of consumers, Member States shall pay particular attention to the criteria in Article 4(1)(b), and shall ensure that any necessary data and information is provided before such an authorisation is granted.

For the implementation of the uniform principles of Annex VI, the conclusions of the review report on chlormequat, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 January 2009 shall be taken into account.

In this overall assessment Member States must pay particular attention to:

  • the operator safety and ensure that conditions of use prescribe the application of adequate personal protective equipment,

  • the protection of birds and mammals.

Conditions of authorisation shall include risk mitigation measures, where appropriate.

The Member States concerned shall request the submission of further information on the fate and behaviour (adsorption studies to be performed at 20 °C, recalculation of the predicted concentrations in groundwater, surface water and sediment), the monitoring methods for determination of the substance in animal products and water, and the risk to aquatic organisms, birds and mammals. They shall ensure that the notifier at whose request chlormequat has been included in this Annex provide such information to the Commission by 30 November 2011 at the latest.

282Copper compounds:1 December 200930 November 2016

PART A

Only uses as bactericide and fungicide may be authorised.

PART B

In assessing applications to authorise plant protection products containing copper for uses other than on tomatoes in greenhouses, Member States shall pay particular attention to the criteria in Article 4(1)(b), and shall ensure that any necessary data and information is provided before such an authorisation is granted.

For the implementation of the uniform principles of Annex VI, the conclusions of the review report on copper compounds, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 January 2009 shall be taken into account.

In this overall assessment Member States must pay particular attention to:

  • the specification of the technical material as commercially manufactured which must be confirmed and supported by appropriate analytical data. The test material used in the toxicity dossiers should be compared and verified against this specification of the technical material,

  • the operator and worker safety and ensure that conditions of use prescribe the application of adequate personal protective equipment where appropriate,

  • the protection of water and non-target organisms. In relation to these identified risks risk mitigation measures, such as buffer zones, should be applied where appropriate,

  • the amount of active substance applied and ensure that the authorised amounts, in terms of rates and number of applications, are the minimum necessary to achieve the desired effects.

The concerned Member States shall request the submission of information to further address:

  • the risk from inhalation,

  • the risk assessment for non-target organisms and for soil and water.

They shall ensure that the notifier at whose request copper compounds have been included in this Annex provides such information to the Commission by 30 November 2011 at the latest.

Member States shall initiate monitoring programmes in vulnerable areas where the contamination of the soil compartment by copper is of concern, in order to set, where appropriate, limitations such as maximum application rates.

Copper hydroxide

CAS No 20427-59-2

CIPAC No 44.305

Copper (II) hydroxide≥ 573 g/kg

Copper oxychloride

CAS No 1332-65-6 or 1332-40-7

CIPAC No 44.602

Dicopper chloride trihydroxide≥ 550 g/kg

Copper oxide

CAS No 1317-39-1

CIPAC No 44.603

Copper oxide≥ 820 g/kg

Bordeaux mixture

CAS No 8011-63-0

CIPAC No 44.604

Not allocated≥ 245 g/kg

Tribasic copper sulphate

CAS No 12527-76-3

CIPAC No 44.306

Not allocated

≥ 490 g/kg

The following impurities are of toxicological concern and must not exceed the levels below:

  • Lead max 0,0005 g/kg of copper content.

  • Cadmium max 0,0001 g/kg of copper content.

  • Arsenic max 0,0001 g/kg of copper content.

283

Propaquizafop

CAS No 111479-05-1

CIPAC No 173

2-isopropylidenamino-oxyethyl (R)-2-[4-(6-chloro-quinoxalin-2-yloxy)phenoxy]propionate

≥ 920 g/kg

Toluene maximum content 5 g/kg

1 December 200930 November 2019

PART A

Only uses as herbicide may be authorised.

PART B

For the implementation of the uniform principles of Annex VI, the conclusions of the review report on propaquizafop, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 January 2009 shall be taken into account.

In this overall assessment Member States must pay particular attention to:

  • the specification of the technical material as commercially manufactured which must be confirmed and supported by appropriate analytical data. The test material used in the toxicity dossiers should be compared and verified against this specification of the technical material,

  • the operator safety and ensure that conditions of use prescribe the application of adequate personal protective equipment,

  • the protection of aquatic organisms and non-target plants and ensure that conditions of authorisation include risk mitigation measures such as buffer zones, where appropriate,

  • the protection of non-target arthropods and ensure that the conditions of authorisation include, where appropriate, risk mitigation measures.

The Member States concerned shall ensure that the notifier submits to the Commission:

  • further information on the relevant impurity Ro 41-5259,

  • information to further address the risk to aquatic organisms and to non-target arthropods.

They shall ensure that the notifier provides such information to the Commission by 30 November 2011.

284Quizalofop-P:1 December 200930 November 2019

PART A

Only uses as herbicide may be authorised.

PART B

For the implementation of the uniform principles of Annex VI, the conclusions of the review report on quizalofop-P, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 January 2009 shall be taken into account.

In this overall assessment Member States must pay particular attention to:

  • the specification of the technical material as commercially manufactured which must be confirmed and supported by appropriate analytical data. The test material used in the toxicity dossiers should be compared and verified against this specification of the technical material,

  • the operator and worker safety and ensure that conditions of use prescribe the application of adequate personal protective equipment,

  • the protection of non-target plants and ensure that conditions of authorisation include risk mitigation measures such as buffer zones, where appropriate.

Conditions of authorisation shall include risk mitigation measures, where appropriate.

The Member States concerned shall ensure that the notifier submits to the Commission further information on the risk to non-target arthropods.

They shall ensure that the notifier provides such information to the Commission by 30 November 2011.

Quizalofop-P-ethyl

CAS No 100646-51-3

CIPAC No 641.202

ethyl (R)-2-[4-(6-chloroquinoxalin-2-yloxy)phenoxy]propionate≥ 950 g/kg

Quizalofop-P-tefuryl

CAS No 119738-06-6

CIPAC No 641.226

(RS)-Tetrahydrofurfuryl (R)-2-[4-(6-chloroquinoxalin-2-yloxy)phenoxy]propionate≥ 795 g/kg
285

Teflubenzuron

CAS No 83121-18-0

CIPAC No 450

1-(3,5-dichloro-2,4-difluorophenyl)-3-(2,6-difluorobenzoyl)urea≥ 970 g/kg1 December 200930 November 2019

PART A

Only uses as insecticide in glasshouses (on artificial substrate or closed hydroponic systems) may be authorised.

PART B

In assessing applications to authorise plant protection products containing teflubenzuron for uses other than on tomatoes in greenhouses, Member States shall pay particular attention to the criteria in Article 4(1) (b), and shall ensure that any necessary data and information is provided before such an authorisation is granted.

For the implementation of the uniform principles of Annex VI, the conclusions of the review report on teflubenzuron, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 January 2009 shall be taken into account.

In this overall assessment Member States must pay particular attention to:

  • the operator and workers safety and ensure that conditions of use prescribe the application of adequate personal protective equipment, where appropriate,

  • the protection of aquatic organisms. Releases from glasshouse application must be minimised and, in any case, should not have the potential to reach in significant levels water bodies in the vicinity,

  • the protection of bees which should be prevented from accessing the glasshouse,

  • the protection of pollinator colonies purposely placed in the glasshouse,

  • the safe disposal of condensation water, drain water and substrate in order to preclude risks to non-target organisms and contamination of surface water and groundwater.

Conditions of authorisation shall include risk mitigation measures, where appropriate.

286

Zeta-cypermethrin

CAS No 52315-07-8

CIPAC No 733

Mixture of the stereoisomers (S)-α-cyano-3-phenoxybenzyl (1RS,3RS;1RS,3SR)-3-(2,2-dichlorovinyl)-2,2 dimethylcyclopropanecarboxylate where the ratio of the (S);(1RS,3RS) isomeric pair to the (S);(1RS,3SR) isomeric pair lies in the ratio range 45-55 to 55-45 respectively

≥ 850 g/kg

Impurities:

  • toluene: max 2 g/kg

  • tars: max 12,5 g/kg

1 December 200930 November 2019

PART A

Only uses as insecticide may be authorised.

PART B

In assessing applications to authorise plant protection products containing zeta-cypermethrin for uses other than in cereals, notably as regards the exposure of consumers to mPBAldehyde, a degradation product that may be formed during processing, Member States shall pay particular attention to the criteria in Article 4(1)(b), and shall ensure that any necessary data and information is provided before such an authorisation is granted.

For the implementation of the uniform principles of Annex VI, the conclusions of the review report on zeta-cypermethrin, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 January 2009 shall be taken into account.

In this overall assessment Member States must pay particular attention to:

  • the operator safety and ensure that conditions of use prescribe the application of adequate personal protective equipment, where appropriate,

  • the protection of birds, aquatic organisms, bees, non-target arthropods and non-target soil macro-organisms.

Conditions of authorisation shall include risk mitigation measures, where appropriate.

The Member States concerned shall request the submission of further information on the fate and behaviour (aerobic degradation in soil), the long-term risk to birds, aquatic organisms and non-target arthropods. They shall ensure that the notifier at whose request zeta-cypermethrin has been included in this Annex provide such information to the Commission by 30 November 2011 at the latest.’

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources