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(1), and in particular the second indent of the second subparagraph of Article 6(1) thereof,
Whereas:
(1) After a review in which the Netherlands acted as Rapporteur Member State, Commission Directive 2005/53/EC(2) added the active substance chlorothalonil to Annex I to Directive 91/414/EEC. Directive 2005/53/EC provides for maximum levels for certain impurities. Following the Commission’s usual practice, these levels were based on specifications drafted by the Food and Agriculture Organisation (FAO) of the United Nations as regards the purity and levels of impurities contained in active substances, and in particular a publication of February 2005. Those specifications set a maximum level for hexachlorobenzene of 0,01 g/kg active substance. However, the FAO has issued a further set of specifications for chlorothalonil(3), which became available in December 2005, after the adoption of Directive 2005/53/EC. These specifications completed and formally repealed the specifications of February 2005 that were taken into consideration when that Directive was adopted. The new specifications set a maximum level for hexachlorobenzene of 0,04 g/kg active substance.
(2) Although the Community is entitled to set its own level of protection for public health, animal health and the environment, it has been examined whether the purity levels laid down by Directive 2005/53/EC could be adjusted to reflect the new FAO specifications.
(3) The Netherlands, after carrying out an ad hoc toxicological and ecotoxicological assessment, reached the conclusion that such a modification does not generate risks in addition to those already taken into account when chlorothalonil was added to Annex I to Directive 91/414/EEC. This conclusion was communicated to the other Member States, which agreed. In the light of this conclusion, and of the special circumstances of this case, the Commission considers that it is justified to modify the specification for chlorothalonil.
(4) Since Directive 2005/53/EC requires Member States to apply its Article 2 from 1 September 2006, the amended specification for chlorothalonil should also apply from this date, without prejudice to the other deadlines laid down by Article 3 of Directive 2005/53/EC. As a consequence, this Directive should enter into force as quickly as possible.
(5) It is therefore appropriate to amend Directive 91/414/EEC accordingly.
(6) 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:
OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/75/EC (OJ L 248, 12.9.2006, p. 3).
FAO Specifications and Evaluations for Agricultural Pesticides — Chlorothalonil (Tetrachloroisophtalonitrile) (December 2005).