2007/619/EC: Commission Decision of 20 September 2007 concerning the non-inclusion of 1,3-dichloropropene in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (notified under document number C(2007) 4281) (Text with EEA relevance)
Date: 2007-09-20
Institutions: European Commission
Subjects: dangerous substance, marketing restriction, pharmaceutical product, plant health legislation, plant health product, withdrawal from the market

25.9.2007

EN

Official Journal of the European Union

L 249/11

COMMISSION

COMMISSION DECISION

of 20 September 2007

concerning the non-inclusion of 1,3-dichloropropene in Annex I to Council Directive 91/414/EEC
and the withdrawal of authorisations for plant protection products containing that substance

(notified under document number C(2007) 4281)

(Text with EEA relevance)

(2007/619/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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
fourth subparagraph of
Article 8(2) thereof,

the

Whereas:

(1)

(2)

Article 8(2) of Directive 91/414/EEC provides that a
Member State may, during a period of 12 years
that Directive, authorise
following the notification of
the placing on the market of plant protection products
containing active substances not listed in Annex I of 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.

implementation of

(EC) No 451/2000 (2) and
Commission Regulations
(EC) No 703/2001 (3)
lay down the detailed rules for
the
the
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 1,3-dichloropropene.

second stage of

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

last amended by

Commission Directive 2007/52/EC (OJ L 214, 17.8.2007, p. 3).
(2) OJ L 55, 29.2.2000, p. 25. Regulation as last amended by Regu-

lation (EC) No 1044/2003 (OJ L 151, 19.6.2003, p. 32).

(3) OJ L 98, 7.4.2001, p. 6.

laid down in Regulations

For 1,3-dichloropropene the effects on human health and
the environment have been assessed in accordance with
the provisions
(EC) No
451/2000 and (EC) No 703/2001 for a range of uses
proposed by the notifiers. Moreover, those regulations
designate the rapporteur Member States which have to
submit the relevant assessment reports and recommen-
dations to the European Food Safety Authority (EFSA) in
accordance with Article 8(1) of Regulation (EC) No
451/2000.
rapporteur
Member State was Spain and all relevant information
was submitted on 14 January 2004.

For 1,3-dichloropropene

the

The assessment report has been peer reviewed by the
Member States and the EFSA, and presented to the
the
Commission on 12 May 2006 in the format of
EFSA Conclusion regarding the peer
the
review of
pesticide risk assessment of
the active substance 1,3-
dichloropropene (4). 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 15 May 2007 in the format of
the Commission review report for 1,3-dichloropropene.

During the evaluation of this active substance, a number
of areas of concern have been identified. This was in
particular the case concerning the release in the en-
large amounts of known and unknown
vironment of
polychlorinated impurities,
for which no information
toxicological behaviour, uptake from
on persistency,
crops, accumulation, metabolic fate and residue level
are
consumer
result of
exposure has not been demonstrated to be acceptable
and there is a possible risk of groundwater contami-
nation,
for birds, mammals, aquatic organisms and
other non-target organisms.

available. As

that,

the

a

(4)

(5)

(4) EFSA Scientific Report (2006) 72, 1-99, conclusion regarding the
peer review of pesticide risk assessment of 1,3-dichloropropene.

L 249/12

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Official Journal of the European Union

25.9.2007

(6)

to submit

submitted its

its
The Commission invited the notifier
comments on the results of the peer review and on its
intention or not to further support the substance. The
notifier
comments which have been
carefully examined. However, despite the arguments
advanced, the above concerns remained unsolved, and
the information
assessments made on the basis of
the EFSA expert
submitted and evaluated during
meetings have not demonstrated that
it may be
expected that, under the proposed conditions of use,
plant protection products
containing 1,3-dichloro-
propene satisfy in general the requirements laid down
in Article 5(1)(a) and (b) of Directive 91/414/EEC.

(12)

This decision does not prejudice the submission of an
application for 1,3-dichloropropene according to the
provisions of Article 6(2) of Directive 91/414/EEC in
view of a possible inclusion in its Annex I.

(13)

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

in this Decision are in
Standing
the

opinion

the

of

(7)

1,3-dichloropropene should therefore not be included in
Annex I to Directive 91/414/EEC.

HAS ADOPTED THIS DECISION:

Article 1

(8)

(9)

(10)

Measures should be taken to ensure that existing author-
isations for plant protection products containing 1,3-
dichloropropene are withdrawn within a prescribed
period and are not renewed and that no new author-
isations for such products are granted.

Any period of grace for disposal, storage, placing on the
market and use of existing stocks of plant protection
products containing 1,3-dichloropropene allowed by
Member States, should be limited to a period no longer
than 12 months to allow existing stocks to be used in no
more than one further growing season, which ensures
that plant protection products containing 1,3-dichloro-
propene remain available to farmers for 18 months
from the adoption of this Decision.

subject

1,3-dichloropropene is being used to replace methyl
bromide. Methyl bromide is
to phasing-out
under the Montreal Protocol on substances that deplete
the ozone layer due to its high ozone depletion potential
and its use is covered by strict quotas to satisfy ‘critical
uses’. The withdrawal of 1,3-dichloropropene is therefore
likely to lead to new requests for quotas of methyl
bromide.
the
Montreal Protocol, the time limit for the withdrawal of
authorisations of plant protection products containing
reviewed within 18
should be
1,3-dichloropropene
months in order to assess the concrete impact of its
withdrawal on the use of methyl bromide.

to achieve the objectives of

In order

(11) During the withdrawal period, the Member States should
adopt mitigation measures to deal with any danger to
human or animal health, or the environment.

1,3-dichloropropene
substance in Annex I to Directive 91/414/EEC.

shall not be

included as

an active

Article 2

Member States shall ensure that:

(a) authorisations

for plant protection products containing
1,3-dichloropropene are withdrawn by 20 March 2008;

(b) no authorisations for plant protection products containing
1,3-dichloropropene are granted or renewed from the date
of publication of this Decision.

Article 3

(a) Any period of grace granted by Member States

in
accordance with the provisions of Article 4(6) of Directive
91/414/EEC shall expire no later than 20 March 2009.

(b) The period referred to in paragraph (a) shall be reviewed and
may be extended for a further period not exceeding 18
months in light of any further information that could
become available on substances that deplete the ozone
layer. This review shall consider the possible influence of
the withdrawal of existing authorisations of plant protection
products containing 1,3-dichloropropene on the critical uses
for methyl bromide foreseen by the Montreal Protocol.

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Article 4

During the period of grace referred to in Article 3, the Member
States shall ensure that:

— risk mitigation measures

the
are
protection of groundwater under vulnerable conditions
and monitoring programmes
to verify
potential groundwater contamination in vulnerable zones.

imposed to ensure

initiated

are

— particular attention is paid to the dietary exposure of
consumers to 1,3-dichloropropene and its metabolites in
view of future revisions of Community maximum residue
levels,

This Decision is addressed to the Member States.

Done at Brussels, 20 September 2007.

— plant protection products containing 1,3-dichloropropene

are applied only by professional users,

For the Commission

Markos KYPRIANOU
Member of the Commission