CELEX: 32018R1061
Language: en
Date: 2018-07-26 00:00:00
Title: Commission Implementing Regulation (EU) 2018/1061 of 26 July 2018 renewing the approval of the active substance carfentrazone-ethyl in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance.)

27.7.2018   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 190/8
               
            
         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1061
         of 26 July 2018
         renewing the approval of the active substance carfentrazone-ethyl in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011
         (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 (1) 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, and in particular Article 20(1) thereof,
         Whereas:
         
                     (1)
                  
                  
                     Commission Directive 2003/68/EC (2) included carfentrazone-ethyl as an active substance in Annex I to Council Directive 91/414/EEC (3).
                  
               
                     (2)
                  
                  
                     Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4).
                  
               
                     (3)
                  
                  
                     The approval of the active substance carfentrazone-ethyl, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 31 July 2018.
                  
               
                     (4)
                  
                  
                     An application for the renewal of the approval of carfentrazone-ethyl was submitted in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012 (5) within the time period provided for in that Article.
                  
               
                     (5)
                  
                  
                     The applicant submitted the supplementary dossiers required in accordance with Article 6 of Implementing Regulation (EU) No 844/2012. The application was found to be complete by the rapporteur Member State.
                  
               
                     (6)
                  
                  
                     The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (‘the Authority’) and the Commission on 10 July 2015.
                  
               
                     (7)
                  
                  
                     The Authority communicated the renewal assessment report to the applicant and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.
                  
               
                     (8)
                  
                  
                     On 22 July 2016 (6), the Authority communicated to the Commission its conclusion on whether carfentrazone-ethyl can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented the draft renewal report for carfentrazone-ethyl to the Standing Committee on Plants, Animals, Food and Feed on 24 January 2017.
                  
               
                     (9)
                  
                  
                     The applicant was given the opportunity to submit comments on the draft renewal report.
                  
               
                     (10)
                  
                  
                     It has been established with respect to one or more representative uses of at least one plant protection product containing carfentrazone-ethyl that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied.
                  
               
                     (11)
                  
                  
                     It is therefore appropriate to renew the approval of carfentrazone-ethyl.
                  
               
                     (12)
                  
                  
                     The risk assessment for the renewal of the approval of carfentrazone-ethyl is based on a limited number of representative uses, which however do not restrict the uses for which plant protection products containing carfentrazone-ethyl may be authorised. It is therefore appropriate to remove the restriction for use only as a herbicide.
                  
               
                     (13)
                  
                  
                     In accordance with Article 14(1) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions. It is, in particular, appropriate to require further confirmatory information.
                  
               
                     (14)
                  
                  
                     Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.
                  
               
                     (15)
                  
                  
                     Taking into account that the current approval of carfentrazone-ethyl expires on 31 July 2018, this Regulation should enter into force as soon as possible.
                  
               
                     (16)
                  
                  
                     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
            Renewal of the approval of the active substance
            The approval of the active substance carfentrazone-ethyl is renewed as set out in Annex I.
         
         
            Article 2
            Amendments to Implementing Regulation (EU) No 540/2011
            The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.
         
         
            Article 3
            Entry into force and date of application
            This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
            It shall apply from 1 August 2018.
         
         
            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 26 July 2018.
            
               
                  For the Commission
               
               
                  The President
               
               Jean-Claude JUNCKER
            
         
         
            (1)  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 (OJ L 309, 24.11.2009, p. 1).
         
            (2)  Commission Directive 2003/68/EC of 11 July 2003 amending Council Directive 91/414/EEC to include trifloxystrobin, carfentrazone-ethyl, mesotrione, fenamidone and isoxaflutole as active substances (OJ L 177, 16.7.2003, p. 12).
         
            (3)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).
         
            (4)  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).
         
            (5)  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).
         
            (6)  EFSA (European Food Safety Authority), 2016. Conclusion on the peer review of the pesticide risk assessment of the active substance carfentrazone-ethyl. EFSA Journal 2016;14(8):4569. Available online: www.efsa.europa.eu
      
      
         
            ANNEX I
            
                        Common Name, Identification Numbers
                     
                     
                        IUPAC Name
                     
                     
                        Purity (1)
                        
                     
                     
                        Date of approval
                     
                     
                        Expiration of approval
                     
                     
                        Specific provisions
                     
                  
                        Carfentrazone-ethyl
                        CAS No 128639-02-1
                        CIPAC No 587.202
                     
                     
                        Ethyl (RS)-2-chloro-3-[2-chloro-4-fluoro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H- 1,2,4-triazol-1-yl]phenyl]propionate
                     
                     
                        ≥ 910 g/kg
                     
                     
                        1 August 2018
                     
                     
                        31 July 2033
                     
                     
                        For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on carfentrazone-ethyl, and in particular Appendices I and II thereof, shall be taken into account.
                        In their overall assessment Member States shall pay particular attention to:
                        
                                    —
                                 
                                 
                                    the protection of groundwater when the substance is applied in regions with vulnerable soil and/or climate conditions,
                                 
                              
                                    —
                                 
                                 
                                    the protection of soil non-target organisms,
                                 
                              
                                    —
                                 
                                 
                                    the protection of aquatic organisms,
                                 
                              
                                    —
                                 
                                 
                                    the protection of non-target terrestrial higher plants.
                                 
                              Conditions of use shall include risk mitigation measures, where appropriate.
                        The applicant shall submit to the Commission, the Member States and the Authority confirmatory information as regards:
                        
                                    (1)
                                 
                                 
                                    the relevance of metabolites that may occur in groundwater, taking into account any relevant classification for carfentrazone-ethyl in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (2), in particular as carcinogen category 2;
                                 
                              
                                    (2)
                                 
                                 
                                    the effect of water treatment processes on the nature of residues present in drinking water.
                                 
                              The applicant shall submit the information mentioned in point (1) within one year after the publication on the website of the European Chemicals Agency of the opinion adopted by the Committee for Risk Assessment of the European Chemicals Agency in accordance with Article 37(4) of Regulation (EC) No 1272/2008 with respect to carfentrazone-ethyl.
                        The applicant shall submit the information requested under point (2) within two years of a guidance document on evaluation of the effect of water treatment processes on the nature of residues present in surface and groundwater being made public by the Commission.
                     
                  
               (1)  Further details on identity and specification of active substance are provided in the review report.
            
               (2)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).
         
      
      
         
            ANNEX II
            The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:
            
                        (1)
                     
                     
                        in Part A, the entry 60 on carfentrazone-ethyl is deleted;
                     
                  
                        (2)
                     
                     
                        in Part B, the following entry is added:
                        
                                    Number
                                 
                                 
                                    Common Name, Identification Numbers
                                 
                                 
                                    IUPAC Name
                                 
                                 
                                    Purity (1)
                                    
                                 
                                 
                                    Date of approval
                                 
                                 
                                    Expiration of approval
                                 
                                 
                                    Specific provisions
                                 
                              
                                    ‘125
                                 
                                 
                                    Carfentrazone-ethyl
                                    CAS No 128639-02-1
                                    CIPAC No 587.202
                                 
                                 
                                    Ethyl (RS)-2-chloro-3-[2-chloro-4-fluoro-5-[4-(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H- 1,2,4-triazol-1-yl]phenyl]propionate
                                 
                                 
                                    ≥ 910 g/kg
                                 
                                 
                                    1 August 2018
                                 
                                 
                                    31 July 2033
                                 
                                 
                                    For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on carfentrazone-ethyl, and in particular Appendices I and II thereof, shall be taken into account.
                                    In their overall assessment Member States shall pay particular attention to:
                                    
                                                —
                                             
                                             
                                                the protection of groundwater when the substance is applied in regions with vulnerable soil and/or climate conditions;
                                             
                                          
                                                —
                                             
                                             
                                                the protection of soil non-target organisms;
                                             
                                          
                                                —
                                             
                                             
                                                the protection of aquatic organisms;
                                             
                                          
                                                —
                                             
                                             
                                                the protection of non-target terrestrial higher plants.
                                             
                                          Conditions of use shall include risk mitigation measures, where appropriate.
                                    The applicant shall submit to the Commission, the Member States and the Authority confirmatory information as regards:
                                    
                                                (1)
                                             
                                             
                                                the relevance of metabolites that may occur in groundwater, taking into account any relevant classification for carfentrazone-ethyl in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council (2), in particular as carcinogen category 2;
                                             
                                          
                                                (2)
                                             
                                             
                                                the effect of water treatment processes on the nature of residues present in drinking water.
                                             
                                          The applicant shall submit the information mentioned in point (1) within one year after the publication on the website of the European Chemicals Agency of the opinion adopted by the Committee for Risk Assessment of the European Chemicals Agency in accordance with Article 37(4) of Regulation (EC) No 1272/2008 with respect to carfentrazone-ethyl.
                                    The applicant shall submit the information requested under point (2) within two years of a guidance document on evaluation of the effect of water treatment processes on the nature of residues present in surface and groundwater being made public by the Commission.’
                                 
                              
                  
               (1)  Further details on identity and specification of active substance are provided in the review report.
            
               (2)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).