G/TBT/N/EU/449  
 
24 January 2017   
(17-0445) 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 ad dress (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 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 [ ], 2.10.1 [  ], 5.6.2 [ X], 5.7.1 [  ], other : 
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable) : Sulfuryl fluoride 
(pesticide active substance)  
5. Title, number  of pages  and language(s)  of the notified document : Draft Commission 
Implementing Regulation amending Implementing Regulation (EU) No 540/2011 as regards 
the conditions of approval of the active substance sulfu ryl fluoride (4 pages + Annex 
2 pages, in Engl ish). 
6. Description of content : This draft Commission Implementing Regulation provides that 
the approval of the active substance sulfuryl fluoride is amended as follows : Existing 
authorised plant protection products containing sulfuryl fluoride should be  used in food 
business premises where internal procedures in place ensure that foodstuffs present during 
fumigation are marketed only where they comply with the existing maximum residue 
levels. Monitoring data of the atmospheric concentration of sulfuryl f luoride should be 
submitted every five years.  
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.  
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 plant protection products on the market), it 
must be demonstrated that the substance is n ot harmful to human health, an imal health or 
the environment.  
During the evaluation of confirmatory information of the substance, a number of concerns 
and areas that could not be finalised were identified. These are detailed in the technical 
report of the European Food Safety Authority (EFSA); the Authority identified a potential 
risk that foodstuff present during fumigation may not comply with existing maximum 
residue levels for sulfuryl fluoride and fluoride ion. Furthermore, more information is 
needed to  assess the environmental fate and possible impacts of sulfuryl fluoride on the 
atmosphere, as this substance has significant potential to contribute to global warming . G/TBT/N/EU/449  
 
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  8. Relevant documents : 
 Regulation (EC) No 1107/2009 of the European Parl iament 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 : 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 substa nces (OJ L 153, 11.6.2011, 
p. 1-186): http://eur -lex.europa.eu/legal -
content/EN/TXT/?qid=144292851 2004&uri=CELEX:32011R0540  
9. Proposed date of adoption:   2nd quarter 2017  
Proposed date of entry into force:   2nd quarter 2017   
10. Final date for comments : 60 days from notification  
11. Texts available from : National enquiry point  [ ] or address, telephone and fax 
number s and e mail and website address es, 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 o n the Website : http://ec.europa.eu/growth/tools -databases/tbt/   
https://members.wto.org/crnattachments/2017/ TBT/EEC/17_0431_00_e.pdf   
https://members.wto.org/crnattachments/2017/TBT/EEC/17_0431_01_e.pdf