Commission Implementing Regulation (EU) 2021/824 of 21 May 2021 amending Implementing Regulations (EU) No 540/2011 and (EU) No 820/2011 as regards the conditions of approval of the active substance terbuthylazine (Text with EEA relevance)

Amendment to Implementing Regulation (EU) No 820/2011

Article 1

Annex I to Implementing Regulation (EU) No 820/2011 is amended in accordance with Annex I to this Regulation.

Amendment to Implementing Regulation (EU) No 540/2011

Article 2

The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

Transitional measures

Article 3

Member States shall, where necessary, withdraw or amend authorisations for plant protection products containing terbuthylazine as an active substance by 14 December 2021.

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 14 June 2022.

Entry into force

Article 5

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

ANNEX ISupplementary provisions

ANNEX I Annex I to Implementing Regulation (EU) No 820/2011 is replaced by the following: ‘ANNEX I Common Name, Identification Numbers IUPAC Name Purity  ( 1 ) Date of approval Expiration of approval Specific provisions Terbuthylazine CAS No 5915-41-3 CIPAC No 234 N2-tert-butyl-6-chloro-N4-ethyl-1,3,5-triazine-2,4-diamine ≥ 950 g/kg The following impurities are of toxicological concern and must not exceed the following levels in the technical material: — Propazine: maximum of 9 g/kg — Atrazine: maximum of 1 g/kg — Simazine: maximum of 9 g/kg 1 January 2012 31 December 2024 PART A Only uses as herbicide may be authorised. Use shall be limited to one application every three years on the same field at a maximum dose of 850 g terbuthylazine per hectare. 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 terbuthylazine, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 17 June 2011 and updated by the Standing Committee on Plants, Animals, Food and Feed on 24 March 2021 shall be taken into account. In this overall assessment Member States shall pay particular attention to: — the consumer risk assessment from exposure to metabolites of terbuthylazine, — the protection of groundwater, when the active substance is applied in regions with vulnerable soil and/or climatic conditions, — the risk to mammals and earthworms. Conditions of use shall include risk mitigation measures and the obligation to carry out monitoring programmes to verify potential groundwater contamination in vulnerable zones, where appropriate ( 1 )   Further details on identity and specification of active substance are provided in the review report..’

ANNEX IISupplementary provisions

ANNEX II Entry 16, on terbuthylazine, in Part B of the Annex to Implementing Regulation (EU) No 540/2011 is replaced by the following: No Common Name, Identification Numbers IUPAC Name Purity  ( 1 ) Date of approval Expiration of approval Specific provisions ‘16 Terbuthylazine CAS No 5915-41-3 CIPAC No 234 N2-tert-butyl-6-chloro-N4-ethyl-1,3,5-triazine-2,4-diamine ≥ 950 g/kg The following impurities are of toxicological concern and must not exceed the following levels in the technical material: — Propazine: maximum of 9 g/kg — Atrazine: maximum of 1 g/kg — Simazine: maximum of 9 g/kg 1 January 2012 31 December 2024 PART A Only uses as herbicide may be authorised. Use shall be limited to one application every three years on the same field at a maximum dose of 850 g terbuthylazine per hectare. 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 terbuthylazine, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 17 June 2011 and updated by the Standing Committee on Plants, Animals, Food and Feed on 24 March 2021 shall be taken into account. In this overall assessment Member States shall pay particular attention to: — the consumer risk assessment from exposure to metabolites of terbuthylazine, — the protection of groundwater, when the active substance is applied in regions with vulnerable soil and/or climatic conditions, — the risk to mammals and earthworms. Conditions of use shall include risk mitigation measures and the obligation to carry out monitoring programmes to verify potential groundwater contamination in vulnerable zones, where appropriate.’ ( 1 )   Further details on identity and specification of active substance are provided in the review report.