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6.2.2014 Official
Journal
of
the
European
Union L
36/9
COMMISSION IMPLEMENTING REGULATION (EU) No 108/2014
of 5 February 2014
concerning the non-approval of the active substance potassium thiocyanate, in accordance with
Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the
placing of plant protection products on the market
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
applicant. The designated rapporteur Member State
submitted a draft assessment report on 27 July 2007.
In accordance with Article 11(6) of Commission Regu
lation (EU) No 188/2011 ( 4 ) additional information was
Having regard to the Treaty on the Functioning of the European
requested from the applicant. The applicant informed on
Union,
30 May 2011 that no additional information was
available.
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
(4) The
draft
assessment
report
was
reviewed
by
the
Member
market and repealing Council Directives 79/117/EEC and
States and the European Food Safety Authority (here
91/414/EEC (
inafter ‘the Authority’). The Authority presented to the

1 ), and in particular Article 13(2) thereof,
Commission its conclusion on the pesticide risk
assessment of the active substance potassium thiocya
nate ( 5 ) on 22 October 2012. The Authority identified
Whereas:
several data gaps that would have required further
contributions from the applicant. By letter of
27 September 2013 Koppert B.V. withdrew its appli
cation for the approval of potassium thiocyanate.
(1) In
accordance
with
Article
80(1)(a)
of
Regulation
(EC)
No
1107/2009, Council Directive 91/414/EEC ( 2 ) is to apply,
with respect to the procedure and the conditions for
approval, to active substances for which a decision has
(5) In
accordance
with
Article
8(1)(b)
of
Directive
been adopted in accordance with Article 6(3) of that
91/414/EEC, Member States were given the possibility
Directive before 14 June 2011. For potassium thio
to grant provisional authorisations for plant protection
cyanate the conditions of Article 80(1)(a) of Regulation
products containing potassium thiocyanate for an initial
(EC) No 1107/2009 are fulfilled by Commission Decision
period of three years. Commission Decision
2005/751/EC ( 3 ).
2010/457/EU ( 6 ) allowed Member States to extend
provisional authorisations for potassium thiocyanate for
a period ending on 31 August 2012 at the latest.
Commission Implementing Decision 2012/363/EU (
(2) In
accordance
with
Article
6(2)
of
Directive
91/414/EEC

7 )
the Netherlands received on 6 September 2004 an appli
allowed Member States to extend provisional authori
cation from Koppert Beheer B.V. for the inclusion of the
sations for potassium thiocyanate for a period ending
active substance potassium thiocyanate in Annex I to
on 31 July 2014 at the latest.
Directive 91/414/EEC. Decision 2005/751/EC
confirmed that the dossier was ‘complete’ in the sense
that it could be considered as satisfying, in principle, the
data and information requirements of Annexes II and III
(6) Due
to
the
withdrawal
of
the
application,
potassium
to Directive 91/414/EEC.
thiocyanate should therefore not be approved pursuant
to Article 13(2) of Regulation (EC) No 1107/2009.
( 4 ) Commission Regulation (EU) No 188/2011 of 25 February 2011
(3) For
that
active
substance,
the
effects
on
human
and
laying down detailed rules for the implementation of Council
animal health and the environment have been assessed,
Directive 91/414/EEC as regards the procedure for the assessment
in accordance with the provisions of Article 6(2) and (4)
of active substances which were not on the market 2 years after the
of Directive 91/414/EEC, for the uses proposed by the
date of notification of that Directive (OJ L 53, 26.2.2011, p. 51).
( 5 ) EFSA Journal 2013;11(6):2922. Available online: www.efsa.europa.
eu
( 1 ) OJ L 309, 24.11.2009, p. 1.
( 6 ) Commission Decision 2010/457/EU of 17 August 2010 allowing
( 2 ) Council Directive 91/414/EEC of 15 July 1991 concerning the
Member States to extend provisional authorisations granted for the
placing of plant protection products on the market (OJ L 230,
new active substances Candida oleophila strain O, potassium iodide
19.8.1991, p. 1).
and potassium thiocyanate (OJ L 218, 19.8.2010, p. 24).
( 3 ) Commission Decision 2005/751/EC of 21 October 2005 recog
( 7 ) Commission Implementing Decision 2012/363/EU of 4 July 2012
nising in principle the completeness of the dossiers submitted for
allowing Member States to extend provisional authorisations granted
detailed examination in view of the possible inclusion of ascorbic
for the new active substances bixafen, Candida oleophila strain O,
acid, potassium iodide and potassium thiocyanate in Annex I to
fluopyram, halosulfuron, potassium iodide and potassium thio
Council Directive 91/414/EEC (OJ L 282, 26.10.2005, p. 18).
cyanate and spirotetramat (OJ L 176, 6.7.2012, p. 70).

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L 36/10
EN
Official Journal of the European Union
6.2.2014
(7) Existing
provisional
authorisations
should,
consequently, HAS ADOPTED THIS REGULATION:
be withdrawn and no new authorisations be granted.
Article 1
Non-approval of active substance
(8) Member States should be provided with time to
The active substance potassium thiocyanate is not approved.
withdraw authorisations for plant protection products
containing potassium thiocyanate.
Article 2
Transitional measures
Member States shall withdraw existing authorisations for plant
(9) For
plant
protection
products
containing
potassium
thio
cyanate, where Member States grant any grace period in
protection products containing potassium thiocyanate as active
accordance with Article 46 of Regulation (EC) No
substance by 26 August 2014 at the latest.
1107/2009, this period should expire at the latest 18
months after the entry into force of this Regulation.
Article 3
Grace period
Any grace period granted by Member States in accordance with
(10) This
Regulation
does
not
prejudice
the
submission
of
a
Article 46 of Regulation (EC) No 1107/2009 shall be as short
further application for potassium thiocyanate pursuant to
as possible and shall expire by 26 August 2015 at the latest.
Article 7 of Regulation (EC) No 1107/2009.
Article 4
Entry into force
(11) The
measures
provided
for
in
this
Regulation
are
in
This Regulation shall enter into force on the twentieth day
accordance with the opinion of the Standing
following that of its publication in the Official Journal of the
Committee on the Food Chain and Animal Health,
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 February 2014.
For the Commission
The President
José Manuel BARROSO

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