COMMISSION IMPLEMENTING REGULATION (EU) 2020/2007

of 8 December 2020

amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 1-decanol, 1,4-dimethylnaphthalene, 6-benzyladenine, acequinocyl, Adoxophyes orana granulovirus, aluminium sulfate, amisulbrom, Aureobasidium pullulans (strains DSM 14940 and DSM 14941), azadirachtin, Bacillus pumilus QST 2808, benalaxyl-M, bixafen, bupirimate, Candida oleophila strain O, chlorantraniliprole, disodium phosphonate, dithianon, dodine, emamectin, flubendiamide, fluometuron, fluxapyroxad, flutriafol, hexythiazox, imazamox, ipconazole, isoxaben, L-ascorbic acid, lime sulphur, orange oil, Paecilomyces fumosoroseus strain FE 9901, pendimethalin, penflufen, penthiopyrad, potassium phosphonates, prosulfuron, Pseudomonas sp. strain DSMZ 13134, pyridalyl, pyriofenone, pyroxsulam, quinmerac, S-abscisic acid, sedaxane, sintofen, sodium silver thiosulfate, spinetoram, spirotetramat, Streptomyces lydicus strain WYEC 108, tau-fluvalinate, tebufenozide, tembotrione, thiencarbazone, valifenalate, zinc phosphide

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 the first paragraph of Article 17 thereof,

Whereas:

(1) Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (2) sets out the active substances deemed to have been approved under Regulation (EC) No 1107/2009 whereas part B sets out the active substances approved under Regulation (EC) No 1107/2009 and part E sets out the active substances approved under Regulation (EC) No 1107/2009 as candidates for substitution.

(2) The approvals of the active substances 1-decanol, 6-benzyladenine, acequinocyl, aluminium sulfate, amisulbrom, azadirachtin, bupirimate, Candida oleophila strain O, chlorantraniliprole, dithianon, dodine, emamectin, flubendiamide, fluometuron, flutriafol, hexythiazox, imazamox, ipconazole, isoxaben, L-ascorbic acid, lime sulphur, orange oil, Paecilomyces fumosoroseus strain FE 9901, pendimethalin, prosulfuron, quinmerac, S-abscisic acid, sintofen, sodium silver thiosulfate, spinetoram, spirotetramat, tau-fluvalinate, tebufenozide, tembotrione, thiencarbazone, valifenalate and zinc phosphide will expire between 30 April 2024 and 31 October 2024. However, as Commission Implementing Regulation (EU) 2020/1740 (3) will apply to those active substances and will advance the date of submission of the dossier in support of the renewal of approval by 3 months, it is necessary to provide for a short extension of their respective approval periods to maintain the date of the dossier submission as required under Commission Implementing Regulation (EU) No 844/2012 (4) as applicants need time to prepare and submit the dossiers in the required format.

(3) In addition, for emamectin, it appears from information provided by the applicant that delays in preparing the renewal dossier have been incurred due to the COVID-19 pandemic, despite the best efforts of the applicant to mitigate such delays. The designated rapporteur Member State for emamectin, the Netherlands, exceptionally agreed to accept the submission of the application for renewal of approval as required by Implementing Regulation (EU) 2020/1740 by 30 November 2021. Therefore, the approval period of emamectin should be extended also taking this additional period into account.

(4) Furthermore, for chlorantraniliprole, it appears from information provided by the applicant that delays in preparing the application for renewal have been incurred due to the COVID-19 pandemic, despite the best efforts of the applicant to mitigate such delays. The designated rapporteur Member State for chlorantraniliprole, Ireland, exceptionally agreed to accept the submission of the application for renewal of approval as required by Implementing Regulation (EU) 2020/1740 by 31 December 2021. Therefore, the approval period of chlorantraniliprole should be extended also taking this additional period into account.

(5) Commission Implementing Decision C/2018/3434 (5) established a work programme grouping together similar active substances and setting priorities on the basis of safety concerns for human and animal health or the environment.

(6) In order to ensure a balanced distribution of responsibilities and work among Member States acting as rapporteurs and co-rapporteurs and taking into account the resources necessary for assessment and decision-making, it is appropriate to extend the approval periods of certain active substances as set out in Implementing Decision C/2018/3434. The approval periods of 1,4-dimethylnaphthalene, Adoxophyes orana granulovirus, Aureobasidium pullulans (strains DSM 14940 and DSM 14941), Bacillus pumilus QST 2808, benalaxyl-M, Pseudomonas sp. strain DSMZ 13134, pyridalyl, pyriofenone, pyroxsulam and Streptomyces lydicus strain WYEC 108 should be extended by one year. For the same reasons, it is appropriate to extend the approval periods of the active substances bixafen, Candida oleophila strain O, disodium phosphonate, fluxapyroxad, Paecilomyces fumosoroseus strain FE 9901, penflufen, penthiopyrad, potassium phosphonates and sedaxane by one to three years, respectively.

(7) Regulation (EU) No 540/2011 should therefore be amended accordingly.

(8) In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where no application for renewal of approval in accordance with Article 5(1) of Implementing Regulation (EU) 2020/1740 is submitted within 3 years before the respective expiry date laid down in the Annex to this Regulation, the Commission will reinstate the expiry date as it was before the adoption of this Regulation, or set it at the earliest possible date thereafter.

(9) In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, where the Commission will adopt a Regulation providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the Commission will set the expiry date at the same date as it was before the adoption of the present Regulation or at the date of the adoption of the Regulation providing that the approval of the active substance is not renewed, whichever date is later. As regards cases where the Commission adopts a Regulation providing for the renewal of the approval of an active substance referred to in the Annex to this Regulation, the Commission will set, as appropriate under the circumstances, the earliest possible application date.

(10) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1 The Annex to Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.

Article 2 This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 8 December 2020. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 309, 24.11.2009, p. 1.

(2) 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).

(3) Commission Implementing Regulation (EU) 2020/1740 of 20 November 2020 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council, and repealing Commission Implementing Regulation (EU) No 844/2012 (OJ L 392, 23.11.2020, p. 20).

(4) Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26).

(5) Commission Implementing Decision of 6 June 2018 on the establishment of a work programme for the assessment of applications for the renewal of approvals of active substances expiring in 2022, 2023 and 2024 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council. C/2018/3434 final (OJ C 195, 7.6.2018, p. 20).