Commission Implementing Regulation (EU) 2018/785 of 29 May 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance thiamethoxam (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.

Prohibition of the placing on the market and use of treated seeds

Article 2

Seeds treated with plant protection products containing thiamethoxam shall not be placed on the market or used, except where: (a) the seeds are intended to be used only in permanent greenhouses, and (b) the resulting crop stays within a permanent greenhouse during its entire life cycle.

Transitional measures

Article 3

Member States shall, in accordance with Regulation (EC) No 1107/2009, where necessary amend or withdraw existing authorisations for plant protection products containing thiamethoxam as active substance by 19 September 2018 at the latest.

Grace period

Article 4

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 by 19 December 2018 at the latest.

Amendment to Implementing Regulation (EU) No 485/2013

Article 5

As regards seeds which have been treated with plant protection products containing thiamethoxam, Article 2 of Implementing Regulation (EU) No 485/2013 is deleted.

Entry into force

Article 6

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . However, Article 2 and Article 5 shall apply as of 19 December 2018.

ANNEXSupplementary provisions

ANNEX The text of the column ‘Specific provisions’ of row 140, thiamethoxam, of Part A of the Annex to Implementing Regulation (EU) No 540/2011 is replaced by the following: ‘PART A Only uses as insecticide, in permanent greenhouses or for the treatment of seeds intended to be used only in permanent greenhouses, may be authorised. The resulting crop must stay within a permanent greenhouse during its entire life cycle. PART B 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 thiamethoxam, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 14 July 2006 and the conclusions of the revised addendum of the review report on thiamethoxam as finalised in the Standing Committee on Plants, Animals, Food and Feed on 27 April 2018 shall be taken into account. In this overall assessment Member States must pay particular attention to: — the risk to groundwater; — the risk to aquatic organisms; — the risk to bees and bumble bees released for pollination in permanent greenhouses; — the exposure of bees via the consumption of contaminated water from the permanent greenhouses. Member States shall ensure that the seed coating shall only be performed in professional seed treatment facilities. Those facilities must apply the best available techniques in order to ensure that the release of dust during application to the seed, storage, and transport can be minimised. Conditions of use shall include risk mitigation measures, where appropriate.’