# Commission Implementing Regulation (EU) No 187/2013Show full title

Commission Implementing Regulation (EU) No 187/2013 of 5 March 2013 amending Implementing Regulation (EU) No 540/2011 as regards            the conditions of approval of the active substance ethylene (Text with EEA relevance)         

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U.K.

# Commission Implementing Regulation (EU) No 187/2013                     

# of 5 March 2013

# amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance ethylene

# (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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(1), and in particular Article 13(2)(c) thereof,                        

Whereas:

(1)The active substance ethylene was included in Annex I to Council Directive 91/414/EEC(2) by Commission Directive 2008/127/EC(3) in accordance with the procedure provided for in Article 24b of Commission Regulation (EC) No 2229/2004 of 3 December 2004                              laying down further detailed rules for the implementation of the fourth stage of the programme of work referred to in Article                              8(2) of Council Directive 91/414/EEC(4). Since the replacement of Directive 91/414/EEC by Regulation (EC) No 1107/2009, this substance is deemed to have been approved                              under that Regulation and is listed in Part A of the Annex to 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(5).

(2)In accordance with Article 25a of Regulation (EC) No 2229/2004, the European Food Safety Authority, hereinafter ‘the Authority’,                              presented to the Commission its view on the draft review report for ethylene(6) on 16 December 2011. The Authority communicated its view on ethylene to the notifier. The Commission invited it to submit                              comments on the draft review report for ethylene. The draft review report and the view of the Authority were reviewed by the                              Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 1 February                              2013 in the format of the Commission review report for ethylene.

(3)It is confirmed that the active substance ethylene is to be deemed to have been approved under Regulation (EC) No 1107/2009.

(4)In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of                              current scientific and technical knowledge, it is necessary to amend the conditions of approval of ethylene. In particular,                              it is appropriate to modify the requested minimum purity level and to restrict the authorisations to indoor uses by professional                              users. Furthermore, when the Member States grant authorisations for plant protection products containing ethylene, they shall                              pay particular attention to the protection of operators, workers and bystanders and to the compliance of ethylene with the                              required specifications, irrespective of the form in which it is supplied to the user.

(5)The Annex to Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

(6)A reasonable period of time should be allowed before the application of this Regulation in order to allow Member States, the                              notifier and holders of authorisations for plant protection products containing ethylene to meet the requirements resulting                              from amendment to the conditions of the approval.

(7)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain                              and Animal Health,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.

# Article 2U.K.

This Regulation shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.                  

It shall apply from 1 February 2014.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 March 2013.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEXU.K.

In Part A of the Annex to Implementing Regulation (EU) No 540/2011, row 227 on the active substance ethylene is replaced by                     the following:                  

1

OJ L 309, 24.11.2009, p. 1.                           

2

OJ L 230, 19.8.1991, p. 1.                           

3

OJ L 344, 20.12.2008, p. 89.                           

4

OJ L 379, 24.12.2004, p. 13.                           

5

OJ L 153, 11.6.2011, p. 1.                           

6

European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance ethylene.                              EFSA Journal 2012;10(1):2508. [43 pp.] doi:10.2903/j.efsa.2012.2508. Available online: www.efsa.europa.eu/efsajournal