Commission Directive 2006/76/EC of 22 September 2006 amending Council Directive 91/414/EEC as regards the specification of the active substance chlorothalonil   (Text with EEA relevance)
Date: 2006-09-22
Institutions: European Commission
Subjects: marketing standard, plant health legislation, plant health product, testing

23.9.2006

EN

Official Journal of the European Union

L 263/9

COMMISSION DIRECTIVE 2006/76/EC

of 22 September 2006

amending Council Directive 91/414/EEC as regards the specification of the active substance
chlorothalonil

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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 second indent of the second
subparagraph of Article 6(1) thereof,

Whereas:

(1)

(2)

(3)

I

to Directive

After a review in which the Netherlands acted as
Rapporteur Member
State, Commission Directive
2005/53/EC (2) added the active substance chlorothalonil
to Annex
91/414/EEC. Directive
2005/53/EC provides for maximum levels for certain
impurities. Following the Commission’s usual practice,
these levels were based on specifications drafted by the
Food and Agriculture Organisation (FAO) of the United
Nations as regards the purity and levels of impurities
contained in active substances, and in particular a publi-
cation of February 2005. Those specifications set a
for hexachlorobenzene of 0,01 g/kg
maximum level
active
issued a
the FAO has
further set of specifications for chlorothalonil (3), which
became available in December 2005, after the adoption
of Directive 2005/53/EC. These specifications completed
and formally repealed the specifications of February 2005
that were taken into consideration when that Directive
was adopted. The new specifications set a maximum level
for hexachlorobenzene of 0,04 g/kg active substance.

substance. However,

Although the Community is entitled to set its own level
of protection for public health, animal health and the
environment,
it has been examined whether the purity
levels laid down by Directive 2005/53/EC could be
adjusted to reflect the new FAO specifications.

The Netherlands, after carrying out an ad hoc toxico-
logical and ecotoxicological assessment,
reached the
conclusion that such a modification does not generate
risks in addition to those already taken into account
when chlorothalonil was added to Annex I to Directive

91/414/EEC. This conclusion was communicated to the
other Member States, which agreed. In the light of this
conclusion, and of the special circumstances of this case,
the Commission considers that it is justified to modify
the specification for chlorothalonil.

Since Directive 2005/53/EC requires Member States to
the
apply its Article 2 from 1 September 2006,
should also
amended specification for chlorothalonil
apply from this date, without prejudice to the other
down by Article 3 of Directive
deadlines
2005/53/EC. As a consequence,
this Directive should
enter into force as quickly as possible.

laid

is

It
therefore
91/414/EEC accordingly.

appropriate

to

amend Directive

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Directive are in
Standing
the

opinion

the

of

(4)

(5)

(6)

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 91/414/EEC is amended as set out in the
Annex to this Directive.

Article 2

Member States shall adopt and publish by 31 August 2006 at
the latest the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall forthwith
communicate to the Commission the text of those provisions
and a correlation table between those provisions and this
Directive.

They shall apply those provisions from 1 September 2006.

(1) OJ L 230, 19.8.1991, p. 1. Directive as

last amended by

Commission Directive 2006/75/EC (OJ L 248, 12.9.2006, p. 3).

(2) OJ L 241, 17.9.2005, p. 51.
(3) FAO Specifications and Evaluations for Agricultural Pesticides —

Chlorothalonil (Tetrachloroisophtalonitrile) (December 2005).

When Member States adopt those provisions, they shall contain
a reference to this Directive or shall be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

L 263/10

EN

Official Journal of the European Union

23.9.2006

This Directive shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 3

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 22 September 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

23.9.2006

EN

Official Journal of the European Union

L 263/11

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