Commission Directive 2009/70/EC
of 25 June 2009
amending Council Directive 91/414/EEC to include difenacoum, didecyldimethylammonium chloride and sulphur as active substances
(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 Article 6(1) thereof,
OJ L 230, 19.8.1991, p. 1.
Whereas:
(1) Commission Regulations (EC) No 1112/2002 and (EC) No 2229/2004 lay down the detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes difenacoum, didecyldimethylammonium chloride and sulphur.
OJ L 168, 27.6.2002, p. 14.
OJ L 379, 24.12.2004, p. 13.
(2) For those active substances the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 1112/2002 and (EC) No 2229/2004 for a range of uses proposed by the notifiers. Moreover, those Regulations designate the rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 22 of Regulation (EC) No 2229/2004. For difenacoum the rapporteur Member State was Finland and all relevant information was submitted on 16 July 2007. For didecyldimethylammonium chloride the rapporteur Member State was the Netherlands and all relevant information was submitted on 28 November 2007. For sulphur the rapporteur Member State was France and all relevant information was submitted on 18 October 2007.
(3) The assessment reports have been peer reviewed by the Member States and the EFSA and presented to the Commission on 19 December 2008 in the format of the EFSA Scientific Report for difenacoum, for didecyldimethylammonium chloride and for sulphur. These reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 26 February 2009 in the format of the Commission review reports for difenacoum, and on 12 March 2009 for didecyldimethylammonium chloride and sulphur.
EFSA Scientific Report (2008) 218, Conclusion regarding the peer review of the pesticide risk assessment of the active substance difenacoum (finalised 19 December 2008).
EFSA Scientific Report (2008) 214, Conclusion regarding the peer review of the pesticide risk assessment of the active substance didecyldimethylammonium chloride (finalised 19 December 2008).
EFSA Scientific Report (2008) 221, Conclusion regarding the peer review of the pesticide risk assessment of the active substance sulfur (finalised 19 December 2008).
(4) It has appeared from the various examinations made that plant protection products containing difenacoum, didecyldimethylammonium chloride and sulphur may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review reports. It is therefore appropriate to include these active substances in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing these active substances can be granted in accordance with the provisions of that Directive.
(5) Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EEC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore, for difenacoum, it is appropriate to require that the notifier submit further information on methods for the determination of residues in body fluids and on the specification of the active substance as manufactured. Moreover, for didecyldimethylammonium chloride it is appropriate to require that the notifier submit further information on the chemical specification and on the risk assessment for aquatic organisms. Finally, it is appropriate for the sulphur to require that the notifier submit further information to confirm the risk assessment for non-target organisms, in particular birds, mammals, sediment-dwelling organisms and non-target arthropods.
(6) A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.
(7) Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing authorisations of plant protection products containing difenacoum, didecyldimethylammonium chloride and sulphur to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.
(8) The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Regulation (EEC) No 3600/92 has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.
(9) It is therefore appropriate to amend Directive 91/414/EEC accordingly.
(10) 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: