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/EEC(1), and in particular Article 78(3) thereof,
After consulting the Standing Committee on Plants, Animals, Food and Feed,
Whereas:
(1) Commission Directive 2007/6/EC(2) included Bacillus subtilis (Cohn 1872) Strain QST 713, identical with strain AQ 713 (hereafter Bacillus subtilis) as an active substance in Annex I to Council Directive 91/414/EEC(3) for uses as a fungicide.
(2) Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011(4).
(3) On 22 January 2015, the Commission was notified by the Netherlands that the operator at whose request Bacillus subtilis was included in Annex I to Directive 91/414/EEC requested that the conditions of use of that substance also cover the use as a bactericide against Erwinia amylovora (fire blight), which was erroneously omitted from the list in Annex I to Directive 91/414/EEC.
(4) The Netherlands found that request to be justified.
(5) Furthermore, the use as a bactericide has already been assessed during the approval process of the active substance Bacillus subtilis and is also covered by the review report.
(6) Implementing Regulation (EU) No 540/2011 should therefore be corrected accordingly,
HAS ADOPTED THIS REGULATION:
Commission Directive 2007/6/EC of 14 February 2007 amending Council Directive 91/414/EEC to include metrafenone, Bacillus subtilis, spinosad and thiamethoxam as active substances (OJ L 43, 15.2.2007, p. 13).
Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).
Commission 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).