II 
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)  
DECISIONS  
COUNCIL  
COUNCIL DECISION  
of 13 July 2009  
concerning the non-inclusion of metam in Annex I to Directive 91/414/EEC and the withdrawal of 
authorisations for plant protection products containing that substance  
(Text with EEA relevance)  
(2009/562/EC)  
THE COUNCIL OF THE EUROPEAN UNION,  
Having regard to the Treaty establishing the European 
Community,  
Having regard to Council Directive 91/414/EEC of 15 July 
1991 concerning the placing of plant protection products on 
the market (  1 ), and in particular the fourth subparagraph of 
Article 8(2) thereof,  
Whereas:  
(1) Article 8(2) of Directive 91/414/EEC provides that a 
Member State may, during a period of 12 years 
following the notification of that Directive, authorise 
the placing on the market of plant protection products 
containing active substances not listed in Annex I to that 
Directive that are already on the market two years after 
the date of notification, while those substances are 
gradually being examined within the framework of a 
programme of work.  
(2) Commission Regulations (EC) No 451/2000 (  2 ) and (EC) 
No 1490/2002 (  3 ) lay down the detailed rules for the 
implementation of the third stage of the programme of 
work referred to in Article 8(2) of Directive 91/414/EEC 
and establish a list of active substances to be assessed 
with a view to their possible inclusion in Annex I to 
Directive 91/414/EEC. That list includes metam.  (3) For metam the effects on human health and the 
environment have been assessed in accordance with the 
provisions laid down in Regulations (EC) No 451/2000 
and (EC) No 1490/2002 for a range of uses proposed by 
the notifier. Moreover, those Regulations designate the 
rapporteur Member States which have to submit the 
relevant assessment reports and recommendations to 
the European Food Safety Authority (EFSA) in accordance 
with Article 10(1) of Regulation (EC) No 1490/2002. For 
metam the rapporteur Member State was Belgium and all 
relevant information was submitted on 10 September 
2007.  
(4) The assessment report has been peer reviewed by the 
Member States and the EFSA within its Working Group 
Evaluation and presented to the Commission on 
26 November 2008 in the format of the EFSA 
conclusion regarding the peer review of the pesticide 
risk assessment of the active substance metam. This 
report has been reviewed by the Member States and 
the Commission within the Standing Committee on the 
Food Chain and Animal Health and finalised on 
26 February 2009 in the format of the Commission 
review report for metam.  
(5) During the evaluation of this active substance, a number 
of concerns have been identified which did not permit to 
demonstrate the acceptability of consumer exposure. 
Those concerns were, in particular, inadequate residues 
studies and lack of information on a toxicologically 
relevant impurity, N,N ′-dimethylthiourea (DMTU). 
Furthermore, due to the high rate of application, a 
large amount of the impurity DMTU is released in the 
environment and the lack of data with respect to its 
behaviour in the environment gives rise to concern.EN L 196/22 Official Journal of the European Union 28.7.2009  
( 1 ) OJ L 230, 19.8.1991, p. 1.  
( 2 ) OJ L 55, 29.2.2000, p. 25.  
( 3 ) OJ L 224, 21.8.2002, p. 23.Consequently, it was not possible to conclude, on the 
basis of the information made available within the dead ­
lines, that metam met the criteria for inclusion in Annex 
I to Directive 91/414/EEC.  
(6) The Commission invited the notifier to submit its 
comments on the results of the peer review and on its 
intention or not to further support the substance. The 
notifier submitted its comments which have been 
carefully examined. However, despite the arguments put 
forward by the notifier, the concerns identified could not 
be eliminated, and assessments made on the basis of the 
information submitted and evaluated during the EFSA 
expert meetings have not demonstrated that it may be 
expected that, under the proposed conditions of use, 
plant protection products containing metam satisfy in 
general the requirements laid down in Article 5(1)(a) 
and (b) of Directive 91/414/EEC.  
(7) Metam should therefore not be included in Annex I to 
Directive 91/414/EEC.  
(8) Measures should be taken to ensure that authorisations 
granted for plant protection products containing metam 
are withdrawn within a fixed period of time and are not 
renewed and that no new authorisations for such 
products are granted.  
(9) In the light of the information before the Council it 
appears that, in the absence of efficient alternatives for 
certain limited uses in certain Member States, there is a 
need for further use of the active substance so as to 
enable the development of alternatives. It is therefore 
justified in the present circumstances to prescribe under 
strict conditions aimed at minimising risk a longer period 
for the withdrawal of existing authorisations for the 
limited uses considered as essential for which no 
efficient alternatives appear currently to be available for 
the control of harmful organisms.  
(10) Any period of grace granted by a Member State for the 
disposal, storage, placing on the market and use of 
existing stocks of plant protection products containing 
metam should be limited to 12 months in order to allow 
existing stocks to be used in one further growing season, 
which ensures that plant protection products containing 
metam remain available to farmers for 18 months from 
the adoption of this Decision.  
(11) This Decision does not prejudice the submission of an 
application for metam according to the provisions of 
Article 6(2) of Directive 91/414/EEC, the detailed imple ­
mentation rules of which have been laid down in Commission Regulation (EC) No 33/2008 of 17 January 
2008 laying down detailed rules for the application of 
Council Directive 91/414/EEC as regards a regular and an 
accelerated procedure for the assessment of active 
substances which were part of the programme of work 
referred to in Article 8(2) of that Directive but have not 
been included into its Annex I (  1 ) in view of the possible 
inclusion of metam in its Annex I.  
(12) In the absence of a favourable opinion of the Standing 
Committee on the Food Chain and Animal Health, the 
Commission has been unable to adopt the provisions it 
envisaged under the procedure laid down in Article 19 of 
Council Directive 91/414/EEC,  
HAS ADOPTED THIS DECISION:  
Article 1  
Metam shall not be included as an active substance in Annex I 
to Directive 91/414/EEC.  
Article 2  
Member States shall ensure that:  
1. authorisations for plant protection products containing 
metam are withdrawn by 13 January 2010;  
2. no authorisations for plant protection products containing 
metam are granted or renewed from the date of publication 
of this Decision.  
Article 3  
1. By way of derogation from Article 2, a Member State 
listed in column A of Annex I may maintain authorisations 
for plant protection products containing metam for the uses 
listed in column B of that Annex until 31 December 2014, 
provided that it complies with the following conditions:  
(a) it ensures that no harmful effects to human and animal 
health and no unacceptable influence on the environment 
are caused;  
(b) it ensures that such plant protection products remaining on 
the market are relabelled in order to match the restricted 
use conditions;  
(c) it imposes all appropriate risk mitigation measures to reduce 
any possible risks in order to ensure the protection of 
human and animal health and the environment;  
(d) it ensures that alternative products or methods for such uses 
are being seriously sought, in particular, by means of action 
plans.EN 28.7.2009 Official Journal of the European Union L 196/23  
( 1 ) OJ L 15, 18.1.2008, p. 5.2. The Member State making use of the derogation provided 
for in paragraph 1 shall inform the Commission about the 
measures taken under paragraph 1, and, in particular, under 
points (a) to (d) by 31 December of each year and provide 
on a yearly basis estimates of the amounts of metam used for 
essential uses pursuant to this Article.  
Article 4  
Any period of grace granted by Member States in accordance 
with the provisions of Article 4(6) of Directive 91/414/EEC, 
shall be as short as possible.  
For authorisations which are withdrawn in accordance with 
Article 2, that period shall expire by 13 January 2011 at the 
latest.  For authorisations which are withdrawn in accordance with 
Article 3, it shall expire by 31 December 2014 at the latest.  
Article 5  
This Decision is addressed to the Member States.  
Done at Brussels, 13 July 2009.  
For the Council  
The President  
E. ERLANDSSONEN L 196/24 Official Journal of the European Union 28.7.2009ANNEX  
List of authorisations referred to in Article 3(2)  
Column A  Column B  
Member State  Use 
Soil disinfection and weed control before planting/sowing, limited to 
professional users with appropriate protective equipment under 
specific authorised conditions as laid down in Article 3 and 
subject to the following restrictions per Member State:  
Belgium  Potting Soil (all crops). 
Potatoes (seed, ware and starch potatoes), sugar and fodder 
beets, onions, vegetables, fruit crops, herbs, orchards 
(replanting), ornamentals.  
Bulgaria  Glasshouse use: tomatoes, cucumbers, lettuce, carrots, 
peppers, aubergines and tobacco.  
Cyprus  Nurseries, vegetables, potatoes, ornamentals, deciduous 
fruits, citrus fruits, and grapes.  
France  Vegetable and fruit crops and mainly lamb’s lettuce, carrots, 
tomatoes, strawberries, asparagus, ornamental plants, trees 
and shrubs.  
Greece  Potting soil and soil compost (for all crops), indoor and 
outdoor use for soil treatment (for vegetable and orna ­
mental crops), tobacco nurseries.  
Hungary  Field use: potatoes, carrots, celeriac, parsley root, orna ­
mentals, berries, apples, pears, tobacco, wine grapes, stone 
fruits, fruit and grapevine nurseries. 
Glasshouse use: green peppers, tomatoes, cucumbers, 
carrots, celeriac, parsley root, tobacco, berries, ornamentals.  
Italy  Rice, lettuce and similar, tomatoes, peppers and aubergines, 
cucurbits, carrots, bulb vegetables, stem vegetables, 
potatoes, tobacco, replanting vineyards and orchards, 
flowers.  
Ireland  Glasshouse use: tomatoes, carnations, cucumbers, orna ­
mentals, chrysanthemum and lettuce. 
Field use: potatoes, bulbs, hardy nursery stock, cane fruit, 
turf, strawberries and forestry plantations.  
Malta  tomatoes, aubergines, peppers, melons, watermelons, 
squash, cucumbers and strawberries.  
The Netherlands  Potatoes (seed, ware and starch potatoes), sugar and fodder 
beets, onions, vegetables, strawberries, orchards (replanting), 
ornamentals (including growing of bulbs), yellow nutsedge 
in all crops.  
Poland  Field use: strawberries, cabbages, carrots, lettuce, onions, 
garlic. 
Glasshouse use: tomatoes, cucumbers, peppers, aubergines.  
Portugal  Potatoes, onions, carrots, melons, strawberries, cucumbers, 
peppers, tomatoes, citrus crops, ornamentals, glasshouse 
soil fumigation, nursery soil fumigation.EN 28.7.2009 Official Journal of the European Union L 196/25Column A  Column B  
Member State  Use 
Soil disinfection and weed control before planting/sowing, limited to 
professional users with appropriate protective equipment under 
specific authorised conditions as laid down in Article 3 and 
subject to the following restrictions per Member State:  
Romania  Vegetables and ornamental plants.  
Spain  Nurseries, seedbeds, vegetables, tobacco, flowers, straw ­
berries, seed potatoes, vineyards.  
United Kingdom  Glasshouse soils, nursery soils, outdoor soils and potting 
soils prior to planting of fruit crops, vegetable crops, 
potatoes, herbs, flowers, bulbs, ornamental plants, 
perennial plants.EN L 196/26 Official Journal of the European Union 28.7.2009