G/TBT/N/EU/397  
 
25 July 2016  
(16-3922)  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 telephon e 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 Commission 
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/  
3. Notified under Article 2.9.2 [X], 2.10 .1 [ ], 5.6.2 [ ], 5.7.1 [ ], other: 
4. Products covered (HS or CCCN where applic able, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable): Diquat (pesticide active 
substance) 
5. Title, number of pages and langua ge(s) of the notified document: Draft Commission 
Implementing Regulation concerning the non-re newal of approval of the active substance 
diquat, in accordance with Regulation (EC)  No 1107/2009 of the European Parliament and 
of the Council concerning the placing of plant protection products on the market (4 pages, in English)  
6. Description of content: This draft Commission Implementing Regulation provides that 
the approval of the active substance diquat is  not renewed in accordance with Regulation 
(EC) No 1107/2009. Existing authorised plant protection products containing diquat will be 
withdrawn from the market. The non-approval is based on the first evaluation of the 
substance for use as a pesticide active substance in the EU under Regulation (EC) No 1107/2009. The substance was formerly approved under Directive 91/414/ EEC.  
This decision only concerns the placing on the market of this substance and does not affect 
the Maximum Residue Levels (MRLs) for residues of the concerned pesticide. However, following non-approval, separate action will be taken to lower MRLs to the limit of 
quantification (LOQ). 
7. Objective and rationale, including the nature of urgent problems where 
applicable: Protection of human health or safety; protection of animal or plant life or 
health; protection of the environment.  
In order for an active substance to be approved in accordance with Regulation 
(EC) No 1107/2009 (concerning the placing of pl ant 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 Articl e 4 of the Regulation (and also detailed in 
Annex II) which must be met to enable approval. G/TBT/N/EU/397 
 
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  During the evaluation and peer-review of th e substance, a number of concerns and areas 
that could not be finalised were identified. These are detailed in the conclusion of the European Food Safety Authority (EFSA); The Authority identified a high risk to workers, 
bystanders and residents and, in addition , a high risk to birds was identified. 
These concerns mean that diquat does not m eet the approval criteria as outlined in 
Regulation (EC) No 1107/2009 and cannot be approved currently. 
Existing authorisations will need to be withdrawn; Member States must withdraw existing 
plant protection products containing diquat at the latest by 3 months from the date of entry into force. A period of grace in line with Article 46 of Regulation 1107/2009 is allowed 
for and shall expire at  the latest on 31 March 2018 (all owing for a final season of use). 
8. Relevant documents:  
 Regulation (EC) No 1107/2009 of the Euro pean Parliament and of the Council of 
21 October 2009 concerning the placing of pl ant protection products on the market 
and repealing Council Directives 79/117/EEC and 91/414/EEC: http://eur-
lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=CELEX:32009R1107&qid=1437730988988&from=EN  
 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. 1-186 ): http://eur-lex.europa.eu/legal-
content/EN/TXT/?qid=1442928512004&uri=CELEX:32011R0540  
9. Proposed date of adoption: 4th quarter 2016 
Proposed date of entry into force: 1 January 2017 
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  
http://members.wto.org/crnattachments/2016/TBT/EEC/16_2899_00_e.pdf