Commission Implementing Regulation (EU) 2021/52 of 22 January 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances benfluralin, dimoxystrobin, fluazinam, flutolanil, mecoprop-P, mepiquat, metiram, oxamyl and pyraclostrobin (Text with EEA relevance)
Grade B
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Address https://gelex.eu/eli/EU/regulation/2021/52@2021-01-22/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) Commission Implementing Regulation (EU) 2019/2094 extended the approval period of the active substances dimoxystrobin, mecoprop-P, metiram, oxamyl and pyraclostrobin until 31 January 2021, and the approval period of the active substances benfluralin, fluazinam, flutolanil and mepiquat until 28 February 2021.
(3) Applications for the renewal of the approval of those substances were submitted in accordance with Commission Implementing Regulation (EU) No 844/2012.
(4) Due to the fact that the assessment of those 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.
(5) Furthermore, an extension of the approval period is required for the active substances flutolanil, mepiquat and pyraclostrobin to allow 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.
(6) 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.
(7) Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.
(8) 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 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, 22 January 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 57, Mecoprop-P, the date is replaced by 31 January 2022;
(2) in the sixth column, expiration of approval, of row 81, Pyraclostrobin, the date is replaced by 31 January 2022;
(3) in the sixth column, expiration of approval, of row 115, Metiram, the date is replaced by 31 January 2022;
(4) in the sixth column, expiration of approval, of row 116, Oxamyl, the date is replaced by 31 January 2022;
(5) in the sixth column, expiration of approval, of row 128, Dimoxystrobin, the date is replaced by 31 January 2022;
(6) in the sixth column, expiration of approval, of row 187, Flutolanil, the date is replaced by 28 February 2022;
(7) in the sixth column, expiration of approval, of row 188, Benfluralin, the date is replaced by 28 February 2022;
(8) in the sixth column, expiration of approval, of row 189, Fluazinam, the date is replaced by 28 February 2022;
(9) in the sixth column, expiration of approval, of row 191, Mepiquat, the date is replaced by 28 February 2022.
Versions
Cited by
- Commission Implementing Regulation (EU) 2021/2068 of 25 November 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances benfluralin, dimoxystrobin, fluazinam, flutolanil, mecoprop-P, mepiquat, metiram, oxamyl and pyraclostrobin (Text with EEA relevance) Regulation · Grade B
Commission Implementing Regulation (EU) 2021/52 extended the approval period of the active substances dimoxystrobin, mecoprop-P, metiram, oxamyl and pyraclostrobin until 31 January 2022, and the approval period of the active substances benfluralin, fluazinam, flutolanil and mepiquat until 28 February 2022.
- Judgment of the General Court (Fourth Chamber, Extended Composition) 19 November 2025 Judgment · Grade B
On 22 January 2021, the approval of dimoxystrobin was extended for a fifth time, until 31 January 2022, by Commission Implementing Regulation (EU) 2021/52 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances benfluralin, dimoxystrobin, fluazinam, flutolanil, mecoprop-P, mepiquat, metiram, oxamyl and pyraclostrobin (OJ 2021 L 23, p. 13). Recital 4 of that regulation repeats the reasons stated in recital 7 of Implementing Regulation 2018/84.
- P9_TA(2021)0079 Active substances, including dimoxystrobin European Parliament resolution of 11 March 2021 on Commission Implementing Regulation (EU) 2021/52 of 22 January 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances benfluralin, dimoxystrobin, fluazinam, flutolanil, mecoprop-P, mepiquat, metiram, oxamyl and pyraclostrobin (2021/2552(RSP)) 2021/C 474/05 Notice · Grade B
having regard to Commission Implementing Regulation (EU) 2021/52 of 22 January 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances benfluralin, dimoxystrobin, fluazinam, flutolanil, mecoprop-P, mepiquat, metiram, oxamyl and pyraclostrobin,
- P9_TA(2021)0079 Active substances, including dimoxystrobin European Parliament resolution of 11 March 2021 on Commission Implementing Regulation (EU) 2021/52 of 22 January 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances benfluralin, dimoxystrobin, fluazinam, flutolanil, mecoprop-P, mepiquat, metiram, oxamyl and pyraclostrobin (2021/2552(RSP)) 2021/C 474/05 Notice · Grade B
whereas the approval period of the active substance dimoxystrobin, which was originally due to end on 30 September 2016, was already extended by 16 months by Commission Implementing Regulation (EU) No 1136/2013, and subsequently by further periods of one year by Commission Implementing Regulations (EU) 2018/84, (EU) 2018/1796 and (EU) 2019/2094, and has now again been extended by one year by Implementing Regulation (EU) 2021/52, which extends the approval period to 31 January 2022;
- P9_TA(2021)0079 Active substances, including dimoxystrobin European Parliament resolution of 11 March 2021 on Commission Implementing Regulation (EU) 2021/52 of 22 January 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances benfluralin, dimoxystrobin, fluazinam, flutolanil, mecoprop-P, mepiquat, metiram, oxamyl and pyraclostrobin (2021/2552(RSP)) 2021/C 474/05 Notice · Grade B
whereas the Commission has failed in Implementing Regulation (EU) 2021/52 to explain the reasons for the extensions other than by stating: Due to the fact that the assessment of those 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;
- P9_TA(2021)0079 Active substances, including dimoxystrobin European Parliament resolution of 11 March 2021 on Commission Implementing Regulation (EU) 2021/52 of 22 January 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances benfluralin, dimoxystrobin, fluazinam, flutolanil, mecoprop-P, mepiquat, metiram, oxamyl and pyraclostrobin (2021/2552(RSP)) 2021/C 474/05 Notice · Grade B
whereas Regulation (EC) No 1107/2009 provides that in the interest of safety the approval period for active substances should be limited in time; whereas the approval period should be proportionate to the possible risks inherent in the use of such substances, but, in the case of the active substances that are subject to Implementing Regulation (EU) 2021/52, it is clear that no such proportionality exists;
- P9_TA(2021)0079 Active substances, including dimoxystrobin European Parliament resolution of 11 March 2021 on Commission Implementing Regulation (EU) 2021/52 of 22 January 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances benfluralin, dimoxystrobin, fluazinam, flutolanil, mecoprop-P, mepiquat, metiram, oxamyl and pyraclostrobin (2021/2552(RSP)) 2021/C 474/05 Notice · Grade B
whereas following the previous extension in 2019 of the approval periods of 10 active substances, including dimoxystrobin, under Implementing Regulation (EU) 2019/2094, the approval of only one of those substances has not been renewed, while under Implementing Regulation (EU) 2021/52, the approval periods of the remaining nine substances have been extended again, many of them for the third or fourth time and two of them for as much as the sixth time;
- P9_TA(2021)0079 Active substances, including dimoxystrobin European Parliament resolution of 11 March 2021 on Commission Implementing Regulation (EU) 2021/52 of 22 January 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances benfluralin, dimoxystrobin, fluazinam, flutolanil, mecoprop-P, mepiquat, metiram, oxamyl and pyraclostrobin (2021/2552(RSP)) 2021/C 474/05 Notice · Grade B
Considers that Implementing Regulation (EU) 2021/52 exceeds the implementing powers provided for in Regulation (EC) No 1107/2009; Considers that Implementing Regulation (EU) 2021/52 does not respect the precautionary principle; Considers that the decision to extend the approval period of dimoxystrobin is not in line with the safety criteria laid down in Regulation (EC) No 1107/2009, and is based neither on evidence that that substance can be used safely, nor on a proven urgent need for that substance in food production in the Union; Calls on the Commission to repeal Implementing Regulation (EU