Commission Directive 2008/91/EC of 29 September 2008 amending Council Directive 91/414/EEC to include diuron as active substance (Text with EEA relevance)
Date: 2008-09-29
Institutions: European Commission
Subjects: herbicide, marketing standard, pharmaceutical product, plant health control, plant health legislation, plant health product

1.10.2008

EN

Official Journal of the European Union

L 262/31

DIRECTIVES

COMMISSION DIRECTIVE 2008/91/EC

of 29 September 2008

amending Council Directive 91/414/EEC to include diuron as active substance

(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 Article 6(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

Commission Regulations (EC) No 451/2000 (2) and (EC)
No 703/2001 (3)
lay down the detailed rules for the
implementation of the second 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
included
Annex I
to Directive 91/414/EEC. That
diuron. By Commission Decision 2007/417/EC (4)
it
was decided not
to
to include diuron in Annex I
Directive 91/414/EEC.

list

In accordance with Article 6(2) of Directive 91/414/EEC
the original notifier submitted on 26 June 2007 a new
application to Denmark, which had been designated
rapporteur Member State by Regulation (EC) No
451/2000.

Denmark assessed the information submitted by the
on
an
notifier
15 November 2007, recommending the inclusion of
the substance in Annex I.

additional

prepared

report

and

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
active
substances which were part of the programme of work

the assessment of

for

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 55, 29.2.2000, p. 25.
(3) OJ L 98, 7.4.2001, p. 6.
(4) OJ L 156, 16.6.2007, p. 32.

referred to in Article 8(2) of that Directive but have not
been included into its Annex I (5), entered into force on
25 January 2008. In the case of diuron the rapporteur
Member State completed the assessment of the additional
information submitted by the notifier before the entry
into force of that Regulation, taking into account the
same criteria as provided for in Article 15 of that Regu­
lation. Given this situation the Commission evaluated the
additional report, and where relevant the draft assessment
report, and the recommendation by the Member State in
(EC)
accordance with Article
No 33/2008.

of Regulation

20

(5)

(6)

and the Commission within the

The draft review report was reviewed by the Member
States
Standing
Committee on the Food Chain and Animal Health, and
finalised on 11 July 2008 in the format of
the
It concentrated
Commission review report for diuron.
on the concerns that lead to the non-inclusion. Those
were the unacceptable operator exposure,
the incon­
clusive nature of the assessment of a possible risk for
groundwater, due to uncertainties as regards the fate of
certain metabolites, and the lack of data demonstrating
that the risk to birds and mammals is acceptable.

As set out in that report the instructions by the notifier
now require applications to be made with significantly
smaller quantities of diuron. As a result, acceptable levels
of operator exposure can be demonstrated, some of them
linked to the use of protective equipment. As regards the
risk to groundwater, the degradation pattern of certain
metabolites has been clarified by the notifier and
reviewed by the rapporteur Member State which agreed
that when applied to the models for groundwater, the
trigger value is not exceeded. Finally, on the basis of the
refined assessments that have now been submitted by the
notifier,
risk to birds and mammals may be
considered as acceptable.

the

(7)

Consequently, the additional data provided by the notifier
permit to eliminate the specific concerns that led to the
non-inclusion. No other open scientific questions have
arisen. Consequently, the consultation of the European
Food Safety Authority was not considered necessary.

(5) OJ L 15, 18.1.2008, p. 5.

L 262/32

EN

Official Journal of the European Union

1.10.2008

(8)

(9)

(10)

(b)

and

It has appeared from the various examinations made that
plant protection products containing diuron may be
the requirements laid
in general,
expected to satisfy,
down
of Directive
5(1)(a)
in Article
in particular with regard to the uses
91/414/EEC,
which were examined and detailed in the Commission
review report.
is therefore appropriate to include
diuron in Annex I to that Directive, in order to ensure
that in all Member States the authorisations of plant
protection products containing this active substance can
be granted in accordance with the provisions of that
Directive.

It

Article 2

the

laws,

regulations

Member States shall bring into force by 31 March 2009 at the
latest
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.

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

is

therefore
It
91/414/EEC accordingly.

appropriate

to

amend Directive

Article 3

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

in this Directive are in
Standing
the

opinion

the

of

This Directive shall enter into force on 1 October 2008.

Article 4

This Directive is addressed to the Member States.

HAS ADOPTED THIS DIRECTIVE:

Done at Brussels, 29 September 2008.

Article 1

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

For the Commission

Androulla VASSILIOU
Member of the Commission

1.10.2008

EN

Official Journal of the European Union

L 262/33

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