Commission Directive 2011/21/EU of 2 March 2011 amending Council Directive 91/414/EEC to include clethodim as active substance and amending Decision 2008/934/EC Text with EEA relevance

• CELEX: Directive 2011/21/EU
• Articles: 7

Article 1

Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.

Article 2

The line concerning clethodim in the Annex to Decision 2008/934/EC is deleted.

Article 3

Member States shall adopt and publish by 30 November 2011 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 1 December 2011.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 4

1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing clethodim as an active substance by 30 November 2011.

By that date they shall in particular verify that the conditions in Annex I to that Directive relating to clethodim are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.

2.   By way of derogation from paragraph 1, for each authorised plant protection product containing clethodim as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 May 2011 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning clethodim. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.

Following that determination Member States shall:

(a)

in the case of a product containing clethodim as the only active substance, where necessary, amend or withdraw the authorisation by 31 May 2015 at the latest; or

(b)

in the case of a product containing clethodim as one of several active substances, where necessary, amend or withdraw the authorisation by 31 May 2015 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

Article 5

This Directive shall enter into force on 1 June 2011.

Article 6

This Directive is addressed to the Member States.

Schedules & Appendices

ANNEX

ANNEX

The following entry shall be added at the end of the table in Annex I to Directive 91/414/EEC:

No

Common Name, Identification Numbers

IUPAC Name

Purity  ( 1 )

Entry into force

Expiration of inclusion

Specific provisions

‘336

Clethodim

CAS No: 99129-21-2

CIPAC No: 508

(5RS)-2-{(1EZ)-1-[(2E)-3-chloroallyloxyimino]propyl}-5-[(2RS)-2-(ethylthio)propyl]-3-hydroxycyclohex-2-en-1-one

≥ 930 g/kg

Impurities:

toluene max. 4 g/kg

1 June 2011

31 May 2021

PART A

Only uses as herbicide on sugar beet may be authorised.

PART B

For the implementation of the uniform principles of Annex VI the conclusions of the review report on clethodim, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 28 January 2011, shall be taken into account.

In this overall assessment Member States shall pay particular attention to the protection to aquatic organisms, birds and mammals, and shall ensure that conditions of use include the application of adequate risk mitigation measures.

The Member States concerned shall request the submission of confirmatory information, on the basis of most recent scientific knowledge, as regards:

—

the soil and groundwater exposure assessments,

—

the residue definition for risk assessment.

The Member States concerned shall ensure that the applicant submits such confirmatory information to the Commission by 31 May 2013.’

( 1 )   Further details on identity and specification of active substance are provided in the review report.