G/TBT/N/EU/1050  
1 March 2024  
(24-1954) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  EUROPEAN UNION  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
European Commission  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
European Comm ission,  
EU-TBT Enquiry Point,  
Fax: +(32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/growth/tools -databases/tbt/en/  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
acibenzolar -S-methyl (pesticide active substance)  
5. Title, number of pages and language(s) of the notifi ed document:  Draft 
Commission Implementing Regulation withdrawing the approval of the active substance 
acibenzolar -S-methyl in accordance with Regulation (EC) No 1107/2009 of the European 
Parliament and of the Council, amending Commission Implementing Regu lation (EU) No 
540/2011 and repealing Commission Implementing Regulation (EU) No 2016/389; (4 
page(s), in English)  
6. Description of content:  This draft Commission Implementing Regulation provides that 
the approval of the active substance acibenzolar -S-methyl is withdrawn in accordance 
with Regulation (EC) No 1107/2009. EU Member States shall withdraw authorisations for 
plant protection products containing acibenzolar -S-methyl as an active substance.  
This decision only concerns the placing on the market of this substance and plant 
protection products containing it. Following withdrawal and the expiry of all grace periods 
for stocks of products containing this substance, separate action will likely be taken on 
MRLs and a separate notification will b e made in accordance with SPS procedures.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  In order for an active substance to be approved in accordance with 
Regulation (EC) No 1107/2009 (concerning the placing of plan t protection products on 
the market), it must be demonstrated that the substance is not harmful to human health, 
animal health or the environment. Criteria are listed in Article 4 of the Regulation (and 
also detailed in Annex II thereto) which must be met to enable approval.  G/TBT/N/EU/1050  
 
- 2 - 
 
  During the evaluation and peer -review of acibenzolar -S-methyl, areas that could not be 
finalised were identified. These are detailed in the statement of the European Food Safety 
Authority (EFSA).  
The applicant had been requested to subm it information under Article 21 of Regulation 
(EC) No 1107/2009 by the end of June 2025. However, on 8 September 2023 the 
applicant informed the Commission that they will not submit such information due to their 
preliminary self -classification of the subst ance as toxic for reproduction category 1B 
(R1B).  
Thus the substance would not be expected to meet the approval criteria under Regulation 
(EC) No 1107/2009 as it would meet one of the cut -off criteria provided by that Regulation 
(R1B). The applicant informed that for that same reason it has opted to stop further 
production of all plant protection products containing acibenzolar -S-methyl as active 
substance for EU countries.  
Existing authorisations will need to be withdrawn; EU Member States must withdraw 
existing plant protection products containing acibenzolar -S-methyl at the latest by 6 
months from the date of entry into force. A period of grace in line with Article 46 of 
Regulation (EC) No 1107/2009 is allowed for and shall expire at the l atest 12 months 
from the entry into force (allowing for a final season of use); Protection of human health 
or safety; Protection of animal or plant life or health; Protection of the environment  
8. Relevant documents:   
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  
https://eur -lex.europa.eu/legal -content/EN/ALL/?uri=CELEX:32009R1107  
Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing 
Regulation (EC) No 1107/2009 of the European Parliament an d of the Council as regards 
the list of approved active substances ( OJ L 153, 11.6.2011, p. 1 –186) 
https://eur -lex.europa.eu/legal -content/EN/ALL/?uri=CELEX:32011R0540  
EFSA (European Food Safety Authority), 2021. Peer review of the pesticide risk 
assessment of the active substance acibenzolar -S-methyl.  
https://doi.org/10.2903/j.efsa.2021 .6687  
9. Proposed date of adoption:  2nd quarter 2024  
Proposed date of entry into force:  20 days following publication in the Official Journal 
of the EU  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
European Commission,  
EU-TBT Enquiry Point,  
Fax: + (32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa.eu  
The text is available on the EU -TBT Website : http://ec.europa.eu/growth/tools -
databases/tbt/en/  
https://members.wto.org/crnattachments/2024/TBT/EEC/24_01779_00_e.pdf