HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 309/22
EN
Official Journal of the European Union
19.11.2013
COMMISSION IMPLEMENTING REGULATION (EU) No 1166/2013
of 18 November 2013
amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the
active substance dichlorprop-P
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
an addendum to the draft assessment report, to the other
Member States, the Commission and the European Food
Safety Authority, hereinafter ‘the Authority’, on 22 July
Having regard to the Treaty on the Functioning of the European
2011.
Union,
(5) The
Commission
consulted
the
Authority
which
Having regard to Regulation (EC) No 1107/2009 of the
presented its opinion on the risk assessment of dich
European Parliament and of the Council of 21 October 2009
lorprop-P on 13 November 2012 ( 5 ).
concerning the placing of plant protection products on the
market and repealing Council Directives 79/117/EEC and
91/414/EEC ( 1 ), and in particular the second alternative of
(6) In
the
light
of
the
additional
information
provided
by
the
Article 21(3) and Article 78(2) thereof,
notifier, the Commission considered that the further
confirmatory information required had not fully been
provided and that a high risk for birds and mammals
Whereas:
could not be excluded except by imposing further restric
tions.
(1) Commission
Directive
2006/74/EC
( 2 ) included dich
lorprop-P as active substance in Annex I to Council
(7) The
Commission
invited
the
notifier
to
submit
its
Directive 91/414/EEC ( 3 ), under the condition that the
comments on the review report for dichlorprop-P.
Member States concerned ensure that the notifier at
whose request dichlorprop-P was included in that
Annex provide further confirmatory information on
animal metabolism and the risk assessment on acute
(8)
It is confirmed that the active substance dichlorprop-P is
and short-term exposure for birds and on acute
to be deemed to have been approved under Regulation
exposure for herbivorous mammals.
(EC) No 1107/2009. In order to minimise the exposure
of birds and mammals, it is, however, appropriate to
further restrict the uses of this active substance and to
provide for specific risk mitigation measures for the
(2) Active
substances
included
in
Annex
I
to
Directive
protection of those species.
91/414/EEC are deemed to have been approved under

Regulation (EC) No 1107/2009 and are listed in Part A
of the Annex to Commission Implementing Regulation
(EU) No 540/2011 ( 4 ).
(9) The
Annex
to
Implementing
Regulation
(EU)
No
540/2011 should therefore be amended accordingly.
(3) The notifier submitted additional information with a
view to confirm the risk assessment for birds and
(10) Member States should be provided with time to
mammals for the use in cereals, grassland and grass
withdraw authorisations for plant protection products
seed crops to the rapporteur Member State Denmark
containing dichlorprop-P.
within the time period provided for its submission.
(11) For
plant
protection
products
containing
dichlorprop-P,
(4) Denmark
assessed
the
additional
information
submitted
where Member States grant any grace period in
by the notifier. It submitted its assessment, in the form of
accordance with Article 46 of Regulation (EC) No
1107/2009, this period should, at the latest, expire one
( 1 ) OJ L 309, 24.11.2009, p. 1.
year after the withdrawal or the amendment of the
( 2 ) Commission Directive 2006/74/EC of 21 August 2006 amending
respective authorisations.
Council Directive 91/414/EEC to include dichlorprop-P, metcon
azole, pyrimethanil and triclopyr as active substances (OJ L 235,
30.8.2006, p. 17).
( 3 ) Council Directive 91/414/EEC of 15 July 1991 concerning the
(12) The
measures
provided
for
in
this
Regulation
are
in
placing of plant protection products on the market (OJ L 230,
accordance with the opinion of the Standing
19.8.1991, p. 1).
Committee on the Food Chain and Animal Health,
( 4 ) Commission Implementing Regulation (EU) No 540/2011 of
25 May 2011 implementing Regulation (EC) No 1107/2009 of
the European Parliament and of the Council as regards the list of
( 5 ) EFSA Journal 2012;10(11):2950. Available online: www.efsa.europa.
approved active substances (OJ L 153, 11.6.2011, p. 1).
eu/efsajournal.htm

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EN
19.11.2013 Official
Journal
of
the
European
Union L
309/23
HAS ADOPTED THIS REGULATION:
authorisations for plant protection products containing dich
lorprop-P as active substance by 9 June 2014.
Article 1
Article 3
Amendment to Implementing Regulation (EU) No
540/2011
Period of grace
Part A of the Annex to Implementing Regulation (EU) No
Any grace period granted by Member States in accordance with
540/2011 is amended in accordance with the Annex to this
Article 46 of Regulation (EC) No 1107/2009 shall be as short
Regulation.
as possible and shall expire by 9 June 2015 at the latest.
Article 4
Article 2
Entry into force
Transitional measures
This Regulation shall enter into force on the twentieth day
Member States shall in accordance with Regulation (EC) No
following that of its publication in the Official Journal of the
1107/2009, where necessary amend or withdraw existing
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 November 2013.
For the Commission
The President
José Manuel BARROSO

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L 309/24
EN
Official Journal of the European Union
19.11.2013
ANNEX
The column ‘Specific provisions’ of row 133, dichlorprop-P, of Part A of the Annex to Implementing Regulation (EU) No
540/2011 is replaced by the following:
‘PART A
Only uses as herbicide may be authorised.
As regards cereals, only application in spring may be authorised, at rates not exceeding 800 g active substance per
hectare per application.
Use on grassland shall not be authorised.
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 dichlorprop-P, and in particular Appendices I and II thereof, as finalised in
the Standing Committee on the Food Chain and Animal Health on 23 May 2006 shall be taken into account.
In this overall assessment Member States shall pay particular attention to the protection of birds, mammals, aquatic
organisms and non-target plants.
Conditions of authorisation shall include risk mitigation measures, where appropriate.’

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Document Outline

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