Commission Directive 2007/31/EC of 31 May 2007 amending Council Directive 91/414/EEC as regards the specific provisions set for the use of the active substance fosthiazate (Text with EEA relevance)

1.6.2007 EN Official Journal of the European Union L 140/44
COMMISSION DIRECTIVE 2007/31/EC
of 31 May 2007
amending Council Directive 91/414/EEC as regards the specific provisions set for the use of the active substance fosthiazate
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
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) By Commission Directive 2003/84/EC (2) fosthiazate was included as active substance in Annex I to Directive 91/414/EEC.
(2) When applying for the inclusion of fosthiazate its manufacturer ISK Biosciences Europe S.A. submitted data on uses to control nematodes which supported the overall conclusion that it may be expected that plant protection products containing fosthiazate will fulfil the safety requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC. Therefore, fosthiazate was included in Annex I to that Directive with the specific provisions that Member States may only authorise uses as nematicide.
(3) In addition to the control of nematodes in certain agricultural uses, the notifier now has applied for an amendment to those specific provisions as regards the control of insects. In order to support such an extension of the use, the notifier submitted additional information.
(4) The Netherlands and the United Kingdom evaluated the information and data submitted by the company. They informed the Commission in May and November 2006, respectively, that they conclude that the requested extension of use does not cause any risks in addition to those already taken into account in the specific provisions for fosthiazate in Annex I to Directive 91/414/EEC and in the Commission review report for that substance. This is particularly the case since the extension only concerns the organisms controlled, but not the application parameters as set out in the specific provisions of Annex I to Directive 91/414/EEC.
(5) Therefore it is justified to modify the specific provisions for fosthiazate.
(6) It is therefore appropriate to amend Directive 91/414/EEC accordingly.
(7) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,