Commission Implementing Regulation (EU) 2021/1449 of 3 September 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 2-phenylphenol (including its salts such as the sodium salt), 8-hydroxyquinoline, amidosulfuron, bifenox, chlormequat, chlorotoluron, clofentezine, clomazone, cypermethrin, daminozide, deltamethrin, dicamba, difenoconazole, diflufenican, dimethachlor, etofenprox, fenoxaprop-P, fenpropidin, fludioxonil, flufenacet, fosthiazate, indoxacarb, lenacil, MCPA, MCPB, nicosulfuron, paraffin oils, paraffin oil, penconazole, picloram, propaquizafop, prosulfocarb, quizalofop-P-ethyl, quizalofop-P-tefuryl, sulphur, tetraconazole, tri-allate, triflusulfuron and tritosulfuron (Text with EEA relevance)
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Address https://gelex.eu/eli/EU/regulation/2021/1449@2021-09-03/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 Article 17, first paragraph, 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) Commission Implementing Regulation (EU) 2020/1511 extended the approval period of the active substances chlorotoluron, clomazone, cypermethrin, daminozide, deltamethrin, fludioxonil, flufenacet, fosthiazate, indoxacarb, MCPA, MCPB, and prosulfocarb until 31 October 2021, of the active substance tritosulfuron until 30 November 2021 and of the active substances amidosulfuron, bifenox, clofentezine, dicamba, difenoconazole, diflufenican, fenoxaprop-P, fenpropidin, lenacil, nicosulfuron, paraffin oils, picloram, sulphur and triflusulfuron until 31 December 2021. Commission Implementing Regulation (EU) 2020/2104 extended the approval period of the active substance paraffin oil until 31 December 2021. Commission Implementing Regulation (EU) 2017/555 extended the approval period of the active substances chlormequat, propaquizafop and quizalofop-P-ethyl until 30 November 2021 and of the active substances 2-phenylphenol (including its salts such as the sodium salt), dimethachlor, etofenprox, penconazole, tetraconazole and tri-allate until 31 December 2021. Commission Implementing Regulation (EU) 2017/1530 extended the approval period of the active substance quizalofop-P-tefuryl until 30 November 2021.
(3) The approval of the active substance 8-hydroxyquinoline is set to expire on 31 December 2021 in accordance with Commission Implementing Regulation (EU) No 993/2011.
(4) Applications for the renewal of the approval of those substances were submitted in accordance with Commission Implementing Regulation (EU) No 844/2012.
(5) Due to the fact that the assessment of those active 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.
(6) In addition, an extension of the approval period is required for the active substances 2-phenylphenol (including its salts such as the sodium salt), 8-hydroxyquinoline, amidosulfuron, clofentezine, clomazone, daminozide, fenoxaprop-P, fludioxonil, flufenacet, lenacil, triflusulfuron and tritosulfuron to provide the time necessary to carry out an assessment relating to endocrine disrupting properties of those active substances in accordance with the procedure set out in Articles 13 and 14 of Implementing Regulation (EU) No 844/2012.
(7) 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.
(8) Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.
(9) 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 third day 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, 3 September 2021. For the Commission The President Ursula von der Leyen
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 18, 8-hydroxyquinoline, the date is replaced by 31 December 2022;
(2) in the sixth column, expiration of approval, of row 40, Deltamethrin, the date is replaced by 31 October 2022;
(3) in the sixth column, expiration of approval, of row 65, Flufenacet, the date is replaced by 31 October 2022;
(4) in the sixth column, expiration of approval, of row 69, Fosthiazate, the date is replaced by 31 October 2022;
(5) in the sixth column, expiration of approval, of row 102, Chlorotoluron, the date is replaced by 31 October 2022;
(6) in the sixth column, expiration of approval, of row 103, Cypermethrin, the date is replaced by 31 October 2022;
(7) in the sixth column, expiration of approval, of row 104, Daminozide, the date is replaced by 31 October 2022;
(8) in the sixth column, expiration of approval, of row 107, MCPA, the date is replaced by 31 October 2022;
(9) in the sixth column, expiration of approval, of row 108, MCPB, the date is replaced by 31 October 2022;
(10) in the sixth column, expiration of approval, of row 119, Indoxacarb, the date is replaced by 31 October 2022;
(11) in the sixth column, expiration of approval, of row 160, Prosulfocarb, the date is replaced by 31 October 2022;
(12) in the sixth column, expiration of approval, of row 161, Fludioxonil, the date is replaced by 31 October 2022;
(13) in the sixth column, expiration of approval, of row 162, Clomazone, the date is replaced by 31 October 2022;
(14) in the sixth column, expiration of approval, of row 169, Amidosulfuron, the date is replaced by 31 December 2022;
(15) in the sixth column, expiration of approval, of row 170, Nicosulfuron, the date is replaced by 31 December 2022;
(16) in the sixth column, expiration of approval, of row 171, Clofentezine, the date is replaced by 31 December 2022;
(17) in the sixth column, expiration of approval, of row 172, Dicamba, the date is replaced by 31 December 2022;
(18) in the sixth column, expiration of approval, of row 173, Difenoconazole, the date is replaced by 31 December 2022;
(19) in the sixth column, expiration of approval, of row 176, Lenacil, the date is replaced by 31 December 2022;
(20) in the sixth column, expiration of approval, of row 178, Picloram, the date is replaced by 31 December 2022;
(21) in the sixth column, expiration of approval, of row 180, Bifenox, the date is replaced by 31 December 2022;
(22) in the sixth column, expiration of approval, of row 181, Diflufenican, the date is replaced by 31 December 2022;
(23) in the sixth column, expiration of approval, of row 182, Fenoxaprop-P, the date is replaced by 31 December 2022;
(24) in the sixth column, expiration of approval, of row 183, Fenpropidin, the date is replaced by 31 December 2022;
(25) in the sixth column, expiration of approval, of row 186, Tritosulfuron, the date is replaced by 30 November 2022;
(26) in the sixth column, expiration of approval, of row 276, Chlormequat, the date is replaced by 30 November 2022;
(27) in the sixth column, expiration of approval, of row 278, Propaquizafop, the date is replaced by 30 November 2022;
(28) in the sixth column, expiration of approval, of row 279, Quizalofop-P-ethyl and Quizalofop-P-tefuryl, the date is replaced by 30 November 2022;
(29) in the sixth column, expiration of approval, of row 284, Dimethachlor, the date is replaced by 31 December 2022;
(30) in the sixth column, expiration of approval, of row 285, Etofenprox, the date is replaced by 31 December 2022;
(31) in the sixth column, expiration of approval, of row 287, Penconazole, the date is replaced by 31 December 2022;
(32) in the sixth column, expiration of approval, of row 288, Tri-allate, the date is replaced by 31 December 2022;
(33) in the sixth column, expiration of approval, of row 289, Triflusulfuron, the date is replaced by 31 December 2022;
(34) in the sixth column, expiration of approval, of row 292, Sulphur, the date is replaced by 31 December 2022;
(35) in the sixth column, expiration of approval, of row 293, Tetraconazole, the date is replaced by 31 December 2022;
(36) in the sixth column, expiration of approval, of row 294, Paraffin oils, the date is replaced by 31 December 2022;
(37) in the sixth column, expiration of approval, of row 295, Paraffin oil, the date is replaced by 31 December 2022;
(38) in the sixth column, expiration of approval, of row 299, 2-phenylphenol (including its salts such as the sodium salt), the date is replaced by 31 December 2022.
Versions
Cited by
- Commission Implementing Regulation (EU) 2021/2081 of 26 November 2021 concerning the non-renewal of approval of the active substance indoxacarb, 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) Regulation · Grade B
Commission Implementing Regulation (EU) 2021/1449 extended the expiry date of indoxacarb to 31 October 2022 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 apply as soon as possible.
- Commission Implementing Regulation (EU) 2021/2049 of 24 November 2021 renewing the approval of the active substance 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) 2021/1449 extended the approval period of cypermethrin to 31 October 2022 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 has been taken ahead of that extended expiry date, this Regulation shall apply as soon as possible.
- Commission Implementing Regulation (EU) 2022/1480 of 7 September 2022 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 2-phenylphenol (including its salts such as the sodium salt), 8-hydroxyquinoline, amidosulfuron, bensulfuron, bifenox, chlormequat, chlorotoluron, clofentezine, clomazone, daminozide, deltamethrin, dicamba, difenoconazole, diflufenican, dimethachlor, esfenvalerate, etofenprox, fenoxaprop-P, fenpropidin, fenpyrazamine, fludioxonil, flufenacet, flumetralin, fosthiazate, lenacil, MCPA, MCPB, nicosulfuron, paraffin oils, paraffin oil, penconazole, picloram, prohexadione, propaquizafop, prosulfocarb, quizalofop-P-ethyl, quizalofop-P-tefuryl, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate, sulphur, tebufenpyrad, tetraconazole, tri-allate, triflusulfuron and tritosulfuron (Text with EEA relevance) Regulation · Grade B
Commission Implementing Regulation (EU) 2021/1449 extended the approval period of the active substances chlorotoluron, clomazone, daminozide, deltamethrin, fludioxonil, flufenacet, fosthiazate, MCPA, MCPB and prosulfocarb until 31 October 2022, of the active substances chlormequat, propaquizafop, quizalofop-P-ethyl, quizalofop-P-tefuryl and tritosulfuron until 30 November 2022 and of the active substances 2-phenylphenol, 8-hydroxyquinoline, amidosulfuron, bifenox, clofentezine, dicamba, difenoconazole, diflufenican, dimethachlor, etofenprox, fenoxaprop-P, fenpropidin, lenacil, nicosulfuron, pa
- P9_TA(2021)0409 Active substances, including chlorotoluron and difenoconazole European Parliament resolution of 6 October 2021 on Commission Implementing Regulation (EU) 2021/1449 of 3 September 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 2-phenylphenol (including its salts such as the sodium salt), 8-hydroxyquinoline, amidosulfuron, bifenox, chlormequat, chlorotoluron, clofentezine, clomazone, cypermethrin, daminozide, deltamethrin, dicamba, difenoconazole, diflufenican, dimethachlor, etofenprox, fenoxaprop-P, fenpropidin, fludioxonil, flufenacet, fosthiazate, indoxacarb, lenacil, MCPA, MCPB, nicosulfuron, paraffin oils, paraffin oil, penconazole, picloram, propaquizafop, prosulfocarb, quizalofop-P-ethyl, quizalofop-P-tefuryl, sulphur, tetraconazole, tri-allate, triflusulfuron and tritosulfuron (2021/2869(RSP)) 2022/C 132/06 Notice · Grade B
having regard to Commission Implementing Regulation (EU) 2021/1449 of 3 September 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 2-phenylphenol (including its salts such as the sodium salt), 8-hydroxyquinoline, amidosulfuron, bifenox, chlormequat, chlorotoluron, clofentezine, clomazone, cypermethrin, daminozide, deltamethrin, dicamba, difenoconazole, diflufenican, dimethachlor, etofenprox, fenoxaprop-P, fenpropidin, fludioxonil, flufenacet, fosthiazate, indoxacarb, lenacil, MCPA, MCPB, nicosulfuron, paraffin oils
- P9_TA(2021)0409 Active substances, including chlorotoluron and difenoconazole European Parliament resolution of 6 October 2021 on Commission Implementing Regulation (EU) 2021/1449 of 3 September 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 2-phenylphenol (including its salts such as the sodium salt), 8-hydroxyquinoline, amidosulfuron, bifenox, chlormequat, chlorotoluron, clofentezine, clomazone, cypermethrin, daminozide, deltamethrin, dicamba, difenoconazole, diflufenican, dimethachlor, etofenprox, fenoxaprop-P, fenpropidin, fludioxonil, flufenacet, fosthiazate, indoxacarb, lenacil, MCPA, MCPB, nicosulfuron, paraffin oils, paraffin oil, penconazole, picloram, propaquizafop, prosulfocarb, quizalofop-P-ethyl, quizalofop-P-tefuryl, sulphur, tetraconazole, tri-allate, triflusulfuron and tritosulfuron (2021/2869(RSP)) 2022/C 132/06 Notice · Grade B
whereas the approval period for the active substance chlorotoluron has already been extended by one year by Commission Implementing Regulation (EU) No 533/2013, and subsequently by one year every year since 2017 by Commission Implementing Regulations (EU) 2017/1511, (EU) 2018/1262, (EU) 2019/1589, (EU) 2020/1511 and now again by one year by Implementing Regulation (EU) 2021/1449, which extends the approval period until 31 October 2022;
- P9_TA(2021)0409 Active substances, including chlorotoluron and difenoconazole European Parliament resolution of 6 October 2021 on Commission Implementing Regulation (EU) 2021/1449 of 3 September 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 2-phenylphenol (including its salts such as the sodium salt), 8-hydroxyquinoline, amidosulfuron, bifenox, chlormequat, chlorotoluron, clofentezine, clomazone, cypermethrin, daminozide, deltamethrin, dicamba, difenoconazole, diflufenican, dimethachlor, etofenprox, fenoxaprop-P, fenpropidin, fludioxonil, flufenacet, fosthiazate, indoxacarb, lenacil, MCPA, MCPB, nicosulfuron, paraffin oils, paraffin oil, penconazole, picloram, propaquizafop, prosulfocarb, quizalofop-P-ethyl, quizalofop-P-tefuryl, sulphur, tetraconazole, tri-allate, triflusulfuron and tritosulfuron (2021/2869(RSP)) 2022/C 132/06 Notice · Grade B
whereas following the previous extension in 2020 of several active substances, including chlorotoluron, under Implementing Regulation (EU) 2020/1511, only one of the 27 substances covered by that Implementing Regulation has been non-renewed, while under Implementing Regulation (EU) 2021/1449, the approval periods of as many as 39 substances will be extended again, many of them for a third or fourth time;
- P9_TA(2021)0409 Active substances, including chlorotoluron and difenoconazole European Parliament resolution of 6 October 2021 on Commission Implementing Regulation (EU) 2021/1449 of 3 September 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 2-phenylphenol (including its salts such as the sodium salt), 8-hydroxyquinoline, amidosulfuron, bifenox, chlormequat, chlorotoluron, clofentezine, clomazone, cypermethrin, daminozide, deltamethrin, dicamba, difenoconazole, diflufenican, dimethachlor, etofenprox, fenoxaprop-P, fenpropidin, fludioxonil, flufenacet, fosthiazate, indoxacarb, lenacil, MCPA, MCPB, nicosulfuron, paraffin oils, paraffin oil, penconazole, picloram, propaquizafop, prosulfocarb, quizalofop-P-ethyl, quizalofop-P-tefuryl, sulphur, tetraconazole, tri-allate, triflusulfuron and tritosulfuron (2021/2869(RSP)) 2022/C 132/06 Notice · Grade B
Considers that Implementing Regulation (EU) 2021/1449 exceeds the implementing powers provided for in Regulation (EC) No 1107/2009; Considers that Implementing Regulation (EU) 2021/1449 is not consistent with Union law in that it does not respect the precautionary principle; Strongly denounces the serious delays in the reauthorisation process and in the identification of endocrine-disrupting substances; Considers that the decision to extend the approval periods for chlorotoluron and difenoconazole is not in line with the safety criteria laid down in Regulation (EC) No 1107/2009, and is based n
- P9_TA(2022)0363 Active substances, including 8-hydroxyquinoline, chlorotoluron and difenoconazole European Parliament resolution of 18 October 2022 on Commission Implementing Regulation (EU) 2022/1480 of 7 September 2022 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 2-phenylphenol (including its salts such as the sodium salt), 8-hydroxyquinoline, amidosulfuron, bensulfuron, bifenox, chlormequat, chlorotoluron, clofentezine, clomazone, daminozide, deltamethrin, dicamba, difenoconazole, diflufenican, dimethachlor, esfenvalerate, etofenprox, fenoxaprop-P, fenpropidin, fenpyrazamine, fludioxonil, flufenacet, flumetralin, fosthiazate, lenacil, MCPA, MCPB, nicosulfuron, paraffin oils, paraffin oil, penconazole, picloram, prohexadione, propaquizafop, prosulfocarb, quizalofop-P-ethyl, quizalofop-P-tefuryl, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate, sulphur, tebufenpyrad, tetraconazole, tri-allate, triflusulfuron and tritosulfuron (2022/2785(RSP)) 2023/C 149/01 Notice · Grade B
whereas the approval period for 8-hydroxyquinoline has already been extended by one year by Commission Implementing Regulation (EU) 2021/1449 and now again by Implementing Regulation (EU) 2022/1480 which extends the approval period until 31 December 2023;
- P9_TA(2022)0363 Active substances, including 8-hydroxyquinoline, chlorotoluron and difenoconazole European Parliament resolution of 18 October 2022 on Commission Implementing Regulation (EU) 2022/1480 of 7 September 2022 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 2-phenylphenol (including its salts such as the sodium salt), 8-hydroxyquinoline, amidosulfuron, bensulfuron, bifenox, chlormequat, chlorotoluron, clofentezine, clomazone, daminozide, deltamethrin, dicamba, difenoconazole, diflufenican, dimethachlor, esfenvalerate, etofenprox, fenoxaprop-P, fenpropidin, fenpyrazamine, fludioxonil, flufenacet, flumetralin, fosthiazate, lenacil, MCPA, MCPB, nicosulfuron, paraffin oils, paraffin oil, penconazole, picloram, prohexadione, propaquizafop, prosulfocarb, quizalofop-P-ethyl, quizalofop-P-tefuryl, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate, sulphur, tebufenpyrad, tetraconazole, tri-allate, triflusulfuron and tritosulfuron (2022/2785(RSP)) 2023/C 149/01 Notice · Grade B
whereas following the previous extensions in 2021 of several active substances, including 8-hydroxyquinoline, chlorotoluron and difenoconazole, under Implementing Regulation (EU) 2021/1449, only one of the 39 substances covered by that Implementing Regulation has been renewed, while under Regulation (EC) No 1107/2009, the approval periods of as many as 46 substances are extended, many of them for a third, fourth, fifth, sixth or even seventh time;