Commission Implementing Regulation (EU) 2015/232 of 13 February 2015 amending and correcting Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance copper compounds Text with EEA relevance

Amendment to Implementing Regulation (EU) No 540/2011

Article 1

Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.

Transitional measures

Article 2

Member States shall in accordance with Regulation (EC) No 1107/2009, where necessary, amend or withdraw existing authorisations for plant protection products containing copper compounds as active substance by 6 September 2015.

Grace period

Article 3

Any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall be as short as possible and shall expire on 6 September 2016 at the latest.

Entry into force

Article 4

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

ANNEXSupplementary provisions

ANNEX In Part A of the Annex to Implementing Regulation (EU) No 540/2011, row 277 on the active substance Copper Compounds is replaced by the following: Number Common Name, Identification Numbers IUPAC Name Purity Date of approval Expiration of approval Specific provisions ‘277 Copper compounds:     1 December 2009 31 January 2018 PART A Only uses as bactericide and fungicide may be authorised. PART B In assessing applications to authorise plant protection products containing copper for uses other than on tomatoes in greenhouses, Member States shall pay particular attention to the criteria in Article 4(3) of Regulation (EC) No 1107/2009, and shall ensure that any necessary data and information is provided before such an authorisation is granted. For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on copper compounds, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 January 2009, shall be taken into account. In this overall assessment Member States shall pay particular attention to: — the specification of the technical material as commercially manufactured which must be confirmed and supported by appropriate analytical data. The test material used in the toxicity dossiers should be compared and verified against this specification of the technical material, — the operator and worker safety and ensure that conditions of use prescribe the application of adequate personal protective equipment where appropriate, — the protection of water and non-target organisms. In relation to these identified risks risk mitigation measures, such as buffer zones, should be applied where appropriate, — the amount of active substance applied and ensure that the authorised amounts, in terms of rates and number of applications, are the minimum necessary to achieve the desired effects and do not cause any unacceptable effect on the environment taking into account background levels of copper at the application site. The notifiers shall present to the Commission, the Authority and the Member States a monitoring programme for vulnerable areas where the contamination of the soil and water (including sediments) by copper is a concern or may become one. That monitoring programme shall be submitted by 31 July 2015. The interim results of such monitoring programme shall be submitted as interim report to the Rapporteur Member State, the Commission and the Authority by 31 December 2016. Final results shall be submitted by 31 December 2017.’ Copper hydroxide CAS No 20427-59-2 CIPAC No 44.305 Copper (II) hydroxide ≥ 573 g/kg Copper oxychloride CAS No 1332-65-6 or 1332-40-7 CIPAC No 44.602 Dicopper chloride trihydroxide ≥ 550 g/kg Copper oxide CAS No 1317-39-1 CIPAC No 44.603 Copper oxide ≥ 820 g/kg Bordeaux mixture CAS No 8011-63-0 CIPAC No 44.604 Not allocated ≥ 245 g/kg Tribasic copper sulphate CAS No 12527-76-3 CIPAC No 44.306 Not allocated ≥ 490 g/kg The following impurities are of toxicological concern and must not exceed the levels below (expressed in g/g):   Lead max 0,0005 g/g of copper content;   Cadmium max 0,0001 g/g of copper content;   Arsenic max 0,0001 g/g of copper content.