G/TBT/N/EU/508  
 
12 September 2017  
(17-4803) 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 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/en/  
3. Notified u nder Article 2.9.2 [ X], 2.10.1 [   ], 5.6.2 [   ], 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): Bifenthrin 
(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 bifenthrin (and its 
accompanying annex) (4+2 pages, in English)    
6. Description of content: The draft prov ides that bifenthrin is restricted to uses in 
greenhouses with a permanent structure and that member States have to withdraw 
authorisations for outdoor use of plant protection products containing that substance. This 
draft Regulation only concerns the plac ing on the market of this substance and does not 
affect the EU or the EU member States Maximum Residue Levels (MRLs) for residues of the 
concerned pesticide.  
7. Objective and rationale, including the nature of urgent problems where 
applicable: Protection of the environment. Regulation (EC) No 1107/2009 of the European 
Parliament and of the Council concerning the placing of plant protection products on the 
market and repealing Council Directives 79/117/EEC and 91/414/EEC, sets up a 
harmonised framework for the authorisation and placing on the market of plant protection 
products in order to protect human health and the environment.  
Bifenthrin is a substance that has been approved through Commission Implementing 
Regulation (EU) No 582/2012 under the condition that the notifier submits, within defined 
deadlines, additional confirmatory information intended to increase the confidence on the 
acceptability in use of the said substance, in this case specifically on the potential for 
bioaccumulation and biomagnificat ion in the aquatic and terrestrial foodchain and on the 
risk to non -target arthropods.  G/TBT/N/EU/508  
 
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  The intended restriction is justified by the shortcomings in the monitoring programme 
presented by the notifier as regards the potential for bioaccumulation and biomagni fication 
of the substance and by an identified high risk for non -target arthropods in field.  
As a consequence, on the basis of the information submitted it cannot be adequately 
concluded that bifenthrin meets the approval criteria laid down in Article 4 of  Regulation 
(EC) No 1107/2009 as regards uses outdoors and it is therefore appropriate to restrict the 
current approval to application in permanent greenhouses.  
A grace period for placing on the market, disposal, storage and use of existing stocks of plant  
protection products containing bifenthrin for uses outdoors may be allowed by member 
States, in accordance with the provisions of Article 46 of Regulation (EC) No 1107/2009 , but 
shall not exceed 15 months, as from the entry into force of this draft Implem enting 
Regulation.  
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 91/4 14/EEC, OJ L 309, 24.11.2009, p. 1.  
http://eur -lex.europa.eu/legal -
content/EN/TXT/?qid=1504777400548&uri=CELEX:32009R1107  
Commission Implementing Regulati on (EU) No  582/2012 of 2  July 2012 approving the 
active substance bifenthrin, 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, and amending the Annex to Commission Implementing Regulation (EU) 
No 540/2011  
http://eur -lex.europa.eu/legal -
content/EN/TXT/?qid=1504777169601&uri=CELEX:32012R0582   
9. Proposed date of adoption: 1 February 2018  
Proposed date of entry into force: Member States have to withdraw the existing 
authorizations for outdoor use of plant protection products containing bifenthrin 3 months 
after the date of entry into force. A grace  period of maximum 15 months may be granted 
by the EU member States for disposal, storage, placing on the market and use of existing 
stocks.  
10. Final date for comments: 60 days from notification  
11. Texts available from: National enquiry point [  ] or ad dress, 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/2017/TBT/EEC/17_3965_00_e.pdf  
https://members.wto.org/crnattachments/2017/TBT/EEC/17_3965_01_e.pdf