Commission Implementing Regulation (EU) 2019/707 of 7 May 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances alpha-cypermethrin, beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, desmedipham, dimethoate, dimethomorph, diuron, ethephon, etoxazole, famoxadone, fenamiphos, flumioxazine, fluoxastrobin, folpet, foramsulfuron, formetanate, metalaxyl-m, methiocarb, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole, s-metolachlor and tebuconazole (Text with EEA relevance)
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Address https://gelex.eu/eli/EU/regulation/2019/707@2019-05-07/en
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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, and in particular the first paragraph of Article 17 thereof,
Whereas:
(1) Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 sets out the active substances deemed to have been approved under Regulation (EC) No 1107/2009.
(2) The approval periods of the active substances famoxadone, flumioxazine and metalaxyl-m were extended until 30 June 2019 by Commission Implementing Regulation (EU) 2018/917. Applications for the renewal of the inclusion of the active substances famoxadone, flumioxazin and metalaxyl-m in Annex I to Council Directive 91/414/EEC were submitted in accordance with Article 4 of Commission Regulation (EU) No 1141/2010.
(3) The approval periods of the active substances alpha-cypermethrin, beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, desmedipham, dimethoate, dimethomorph, ethephon, etoxazole, fenamiphos, fluoxastrobin, folpet, foramsulfuron, formetanate, methiocarb, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole and s-metolachlor were extended until 31 July 2019 by Implementing Regulation (EU) 2018/917.
(4) The approval period of the active substance diuron was extended until 30 September 2019 by Commission Implementing Regulation (EU) 2018/1262.
(5) The approval period of the active substance tebuconazole will expire on 31 August 2019.
(6) Applications for the renewal of the approvals of the substances referred to in recitals 3 to 5 were submitted in accordance with Commission Implementing Regulation (EU) No 844/2012.
(7) Due to the fact that the assessment of the substances has been delayed for reasons beyond the control of the applicants, the approvals of those active substances are likely to expire before a decision has been taken on their renewal. It is therefore necessary to extend their approval periods.
(8) In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where the Commission is to adopt a Regulation providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the Commission is to set the expiry date at the same date as before this Regulation or at the date of the entry into force of the Regulation providing that the approval of the active substance is not renewed, whichever date is later. As regards cases where the Commission is to adopt a Regulation providing for the renewal of an active substance referred to in the Annex to this Regulation, the Commission will endeavour to set, as appropriate under the circumstances, the earliest possible application date.
(9) Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.
(10) 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
The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 May 2019. For the Commission The President Jean-Claude Juncker
ANNEX
ANNEX
Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:
(1) in the sixth column, expiration of approval, of row 35, Famoxadone, the date is replaced by 30 June 2020;
(2) in the sixth column, expiration of approval, of row 37, Metalaxyl-M, the date is replaced by 30 June 2020;
(3) in the sixth column, expiration of approval, of row 39, Flumioxazine, the date is replaced by 30 June 2020;
(4) in the sixth column, expiration of approval, of row 44, Foramsulfuron, the date is replaced by 31 July 2020;
(5) in the sixth column, expiration of approval, of row 46, Cyazofamid, the date is replaced by 31 July 2020;
(6) in the sixth column, expiration of approval, of row 83, Alpha-cypermethrin, the date is replaced by 31 July 2020;
(7) in the sixth column, expiration of approval, of row 84, Benalaxyl, the date is replaced by 31 July 2020;
(8) in the sixth column, expiration of approval, of row 85, Bromoxynil, the date is replaced by 31 July 2020;
(9) in the sixth column, expiration of approval, of row 86, Desmedipham, the date is replaced by 31 July 2020;
(10) in the sixth column, expiration of approval, of row 88, Phenmedipham, the date is replaced by 31 July 2020;
(11) in the sixth column, expiration of approval, of row 97, S-metolachlor, the date is replaced by 31 July 2020;
(12) in the sixth column, expiration of approval, of row 99, Etoxazole, the date is replaced by 31 July 2020;
(13) in the sixth column, expiration of approval, of row 109, Bifenazate, the date is replaced by 31 July 2020;
(14) in the sixth column, expiration of approval, of row 110, Milbemectin, the date is replaced by 31 July 2020;
(15) in the sixth column, expiration of approval, of row 141, Fenamiphos, the date is replaced by 31 July 2020;
(16) in the sixth column, expiration of approval, of row 142, Ethephon, the date is replaced by 31 July 2020;
(17) in the sixth column, expiration of approval, of row 145, Captan, the date is replaced by 31 July 2020;
(18) in the sixth column, expiration of approval, of row 146, Folpet, the date is replaced by 31 July 2020;
(19) in the sixth column, expiration of approval, of row 147, Formetanate, the date is replaced by 31 July 2020;
(20) in the sixth column, expiration of approval, of row 148, Methiocarb, the date is replaced by 31 July 2020;
(21) in the sixth column, expiration of approval, of row 149, Dimethoate, the date is replaced by 31 July 2020;
(22) in the sixth column, expiration of approval, of row 150, Dimethomorph, the date is replaced by 31 July 2020;
(23) in the sixth column, expiration of approval, of row 152, Metribuzin, the date is replaced by 31 July 2020;
(24) in the sixth column, expiration of approval, of row 153, Phosmet, the date is replaced by 31 July 2020;
(25) in the sixth column, expiration of approval, of row 154, Propamocarb, the date is replaced by 31 July 2020;
(26) in the sixth column, expiration of approval, of row 156, Pirimiphos-methyl, the date is replaced by 31 July 2020;
(27) in the sixth column, expiration of approval, of row 158, Beflubutamid, the date is replaced by 31 July 2020;
(28) in the sixth column, expiration of approval, of row 163, Benthiavalicarb, the date is replaced by 31 July 2020;
(29) in the sixth column, expiration of approval, of row 164, Boscalid, the date is replaced by 31 July 2020;
(30) in the sixth column, expiration of approval, of row 166, Fluoxastrobin, the date is replaced by 31 July 2020;
(31) in the sixth column, expiration of approval, of row 167, Paecilomyces lilacinus strain 251, the date is replaced by 31 July 2020;
(32) in the sixth column, expiration of approval, of row 168, Prothioconazole, the date is replaced by 31 July 2020;
(33) in the sixth column, expiration of approval, of row 192, Diuron, the date is replaced by 30 September 2020;
(34) in the sixth column, expiration of approval, of row 268, Tebuconazole, the date is replaced by 31 August 2020.
Versions
Cited by
- Commission Implementing Regulation (EU) 2019/1090 of 26 June 2019 concerning the non-renewal of approval of the active substance dimethoate, 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 the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance) Regulation · Grade B
Commission Implementing Regulation (EU) 2019/707 extended the approval period of dimethoate to 31 July 2020 in order to allow the renewal process to be completed before the expiry of the approval period of that substance. Given that a decision on the non-renewal of the approval has been taken ahead of that extended expiry date, this Regulation should apply as soon as possible.
- Commission Implementing Regulation (EU) 2020/869 of 24 June 2020 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, dimethomorph, ethephon, etoxazole, famoxadone, fenamiphos, flumioxazine, fluoxastrobin, folpet, formetanate, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole and S-metolachlor (Text with EEA relevance) Regulation · Grade B
Commission Implementing Regulation (EU) 2019/707 extended the approval periods of the active substances famoxadone and flumioxazine until 30 June 2020 and the approval periods of the active substances beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, dimethomorph, ethephon, etoxazole, fenamiphos, fluoxastrobin, folpet, formetanate, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole and S‐metolachlor until 31 July 2020.
- Commission Implementing Regulation (EU) 2019/1100 of 27 June 2019 concerning the non-renewal of approval of the active substance desmedipham, 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 the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance) Regulation · Grade B
Commission Implementing Regulation (EU) 2019/707 extended the approval period of desmedipham to 31 July 2020 in order to allow the renewal process to be completed before the expiry of the approval of that substance. However, given that a decision on the non-renewal of the approval has been taken ahead of that extended expiry date, this Regulation should apply as soon as possible.
- Commission Implementing Regulation (EU) 2020/616 of 5 May 2020 renewing the approval of the active substance foramsulfuron 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 the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance) Regulation · Grade B
Commission Implementing Regulation (EU) 2019/707 extended the approval period of foramsulfuron to 31 July 2020 in order to allow the renewal process to be completed before the expiry of the approval period of that active substance. However, given that a decision on renewal of the approval is taken ahead of the expiry of that extended approval period, this Regulation shall apply from 1 June 2020.
- Commission Implementing Regulation (EU) 2019/1690 of 9 October 2019 renewing the approval of the active substance alpha-cypermethrin, as a candidate for substitution, 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 the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance) Regulation · Grade B
Commission Implementing Regulation (EU) 2019/707 extended the expiry date of alpha-cypermethrin to 31 July 2020 in order to allow the renewal process to be completed before the expiry of the approval of that substance. However, given that a decision on renewal has been taken ahead of that extended expiry date, this Regulation should start to apply earlier than that date.
- Commission Implementing Regulation (EU) 2020/1160 of 5 August 2020 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances aluminium ammonium sulphate, aluminium silicate, blood meal, calcium carbonate, carbon dioxide, extract from tea tree, fat distillation residues, fatty acids C7 to C20, garlic extract, gibberellic acid, gibberellins, hydrolysed proteins, iron sulphate, kieselgur (diatomaceous earth), plant oils/rape seed oil, potassium hydrogen carbonate, quartz sand, fish oil, repellents by smell of animal or plant origin/sheep fat, Straight Chain Lepidopteran Pheromones, tebuconazole and urea (Text with EEA relevance) Regulation · Grade B
Commission Implementing Regulation (EU) 2017/195 extended the approval periods of the active substances aluminium ammonium sulphate, aluminium silicate, blood meal, calcium carbonate, carbon dioxide, extract from tea tree, fat distillation residues, fatty acids C7 to C20, garlic extract, gibberellic acid, gibberellins, hydrolysed proteins, iron sulphate, kieselgur (diatomaceous earth), plant oils/rape seed oil, potassium hydrogen carbonate, quartz sand, fish oil, repellents by smell of animal or plant origin/sheep fat, Straight Chain Lepidopteran Pheromones and urea until 31 August 2020, and C
- Commission Implementing Regulation (EU) 2019/1606 of 27 September 2019 concerning the non-renewal of the approval of the active substance methiocarb, 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 the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance) Regulation · Grade B
Commission Implementing Regulation (EU) 2019/707 extended the approval period of methiocarb to 31 July 2020 in order to allow the renewal process to be completed before the expiry of the approval of that substance. However, given that a decision on the non-renewal of the approval is taken ahead of that extended expiry date, this Regulation should apply as soon as possible.
- P9_TA(2019)0026 Active substances, including flumioxazine European Parliament resolution of 10 October 2019 on Commission Implementing Regulation (EU) 2019/707 of 7 May 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances alpha-cypermethrin, beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, desmedipham, dimethoate, dimethomorph, diuron, ethephon, etoxazole, famoxadone, fenamiphos, flumioxazine, fluoxastrobin, folpet, foramsulfuron, formetanate, metalaxyl-m, methiocarb, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole, s-metolachlor and tebuconazole (2019/2825(RSP)) 2021/C 202/01 Notice · Grade B
having regard to Commission Implementing Regulation (EU) 2019/707 of 7 May 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances alpha-cypermethrin, beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, desmedipham, dimethoate, dimethomorph, diuron, ethephon, etoxazole, famoxadone, fenamiphos, flumioxazine, fluoxastrobin, folpet, foramsulfuron, formetanate, metalaxyl-m, methiocarb, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-meth
- P9_TA(2019)0026 Active substances, including flumioxazine European Parliament resolution of 10 October 2019 on Commission Implementing Regulation (EU) 2019/707 of 7 May 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances alpha-cypermethrin, beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, desmedipham, dimethoate, dimethomorph, diuron, ethephon, etoxazole, famoxadone, fenamiphos, flumioxazine, fluoxastrobin, folpet, foramsulfuron, formetanate, metalaxyl-m, methiocarb, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole, s-metolachlor and tebuconazole (2019/2825(RSP)) 2021/C 202/01 Notice · Grade B
whereas the approval period for the active substance flumioxazine has already been extended by five years by Commission Directive 2010/77/EU and subsequently by one year every year since 2015 by Commission Implementing Regulations (EU) 2015/1885, (EU) 2016/549, (EU) 2017/841, (EU) 2018/917, and has now been extended again by Commission Implementing Regulation (EU) 2019/707, which extends the approval period until 30 June 2020;
- P9_TA(2019)0026 Active substances, including flumioxazine European Parliament resolution of 10 October 2019 on Commission Implementing Regulation (EU) 2019/707 of 7 May 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances alpha-cypermethrin, beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, desmedipham, dimethoate, dimethomorph, diuron, ethephon, etoxazole, famoxadone, fenamiphos, flumioxazine, fluoxastrobin, folpet, foramsulfuron, formetanate, metalaxyl-m, methiocarb, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole, s-metolachlor and tebuconazole (2019/2825(RSP)) 2021/C 202/01 Notice · Grade B
Considers that Commission Implementing Regulation (EU) 2019/707 exceeds the implementing powers provided for in Regulation (EC) No 1107/2009; Considers that Commission Implementing Regulation (EU) 2019/707 does not respect the precautionary principle; Considers that the decision to extend the approval period for flumioxazine is not in line with the safety criteria laid down in Regulation (EC) No 1107/2009, and is based neither on evidence that this substance can safely be used, nor on a proven urgent need for the active substance flumioxazine for food production in the Union; Calls on the Comm
- P9_TA(2020)0197 Active substances, including flumioxazine European Parliament resolution of 10 July 2020 on the draft Commission implementing regulation amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, dimethomorph, ethephon, etoxazole, famoxadone, fenamiphos, flumioxazine, fluoxastrobin, folpet, formetanate, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole and S-metolachlor (D067115/02 — 2020/2671(RSP)) 2021/C 371/07 Notice · Grade B
whereas following the previous extension in 2019 of several active substances, including flumioxazine, under Implementing Regulation (EU) 2019/707, only 8 of the 34 substances have been either renewed or non-renewed, while under this draft Commission implementing regulation, 26 substances will be extended again, many of them for a third or fourth time;