HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 30/8
EN
Official Journal of the European Union
2.2.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 87/2012
of 1 February 2012
amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the
active substance clethodim
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
applicant, the Member States and the Commission and
made it available to the public. Taking into account the
comments received from the applicant, the Authority
Having regard to the Treaty on the Functioning of the European
modified its conclusion. It submitted its modified
Union,
conclusion to the applicant, the Member States and the
Commission and made it available to the public on
Having regard to Regulation (EC) No 1107/2009 of the
18 November 2011 ( 5 ).
European Parliament and of the Council of 21 October 2009
concerning the placing of plant protection products on the
market and repealing Council Directives 79/117/EEC and
(5) In
accordance
with
Article
13(1)
of
Regulation
(EC)
No
91/414/EEC ( 1 ), and in particular Article 13(2)(c) thereof,
1107/2009 the Commission invited the applicant to
submit its comments on the review report for clethodim.
The notifier submitted its comments, which have been
Whereas:
carefully examined.
(1) By
Commission
Directive
2011/21/EU
( 2 ) clethodim was
included as active substance in Annex I to Directive
(6) The
addendum
to
the
draft
assessment
report
and
the
91/414/EEC for uses as herbicide on sugar beet. Since
conclusion of the Authority were reviewed by the
the replacement of Directive 91/414/EEC by Regulation
Member States and the Commission within the
(EC) No 1107/2009, this substance is deemed to have
Standing Committee on the Food Chain and Animal
been approved under that Regulation and is listed in Part
Health and were finalised on 9 December 2011 in the
A of the Annex to Commission Implementing Regulation
format of the Commission review report for clethodim.
(EU) No 540/2011 of 25 May 2011 implementing Regu
lation (EC) No 1107/2009 of the European Parliament
and of the Council as regards the list of approved active
substances ( 3 ).
(7) It
has
appeared
from
the
various
examinations
carried
out that the restriction to sugar beets of the use of
plant protection products consisting of or containing
(2) On
14
February
2011
Arysta
LifeScience,
at
whose
clethodim may be lifted.
request clethodim was included in Annex I to Directive
91/414/EEC, submitted an application for an amendment
to the conditions of inclusion of clethodim to allow its
use as a herbicide on crops other than sugar beet. That
(8) The
Annex
to
Implementing
Regulation
(EU)
No
application was accompanied by additional information.
540/2011 should therefore be amended accordingly.
It was submitted to the Netherlands, which had been
designated rapporteur Member State by Commission
Regulation (EC) No 1490/2002 ( 4 ).
(9) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Standing
Committee on the Food Chain and Animal Health,
(3) The
Netherlands
evaluated
the
additional
information
submitted by the applicant and prepared an addendum
to the draft assessment report. It submitted that
addendum to the Commission on 28 March 2011. The
HAS ADOPTED THIS REGULATION:
Netherlands communicated the addendum to the other
Member States and to the European Food Safety
Authority (hereinafter ‘the Authority’) for comments
and forwarded the comments received to the
Article 1
Commission.
Amendment to Implementing Regulation (EU) No
540/2011
(4) The
Authority
organised
a
consultation
of
experts
on
the Part A of the Annex to Implementing Regulation (EU) No
addendum to the draft assessment report. On 15 October
540/2011 is amended in accordance with the Annex to this
2011 the Authority communicated its conclusion to the
Regulation.
( 1 ) OJ L 309, 24.11.2009, p. 1.
( 5 ) Conclusion on the peer review of the pesticide risk assessment of the
( 2 ) OJ L 58, 3.3.2011, p. 49.
active substance clethodim. EFSA Journal 2011; 9(10):2417. [99pp.]
( 3 ) OJ L 153, 11.6.2011, p. 1.
doi:10.2903/j.efsa.2011.2417. Available online: www.efsa.europa.eu/
( 4 ) OJ L 224, 21.8.2002, p. 23.
efsajournal

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EN
2.2.2012 Official
Journal
of
the
European
Union L
30/9
Article 2
Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 February 2012.
For the Commission
The President
José Manuel BARROSO

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L 30/10
ANNEX
In Part A of the Annex to Implementing Regulation (EU) No 540/2011, row 329 on the active substance clethodim is replaced by the following:
Number
Common name,
identification numbers
IUPAC name Purity Date
of
approval Expiration
of
approval Specific
provisions
EN
‘329 Clethodim
(5RS)-2-{(1EZ)-1-[(2E)- ≥ 930 g/kg
1 June 2011 31
May
2021 PART
A

3-chloroallyloxyimino]
CAS No 99129-21-2
propyl}-5-[(2RS)-2-
Impurities:
Only uses as herbicide may be authorised.
CIPAC No 508
(ethylthio)propyl]
toluene max.
PART B
-3-hydroxycyclohex-
4 g/kg
2-en-1-one
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 clethodim,
and in particular Appendices I and II thereof, as finalised in the Standing Committee
on the Food Chain and Animal Health on 9 December 2011 shall be taken into
account.
Off
In this overall assessment Member States shall pay particular attention to the
protection to aquatic organisms, birds and mammals, and shall ensure that conditions
icial
of use include the application of adequate risk mitigation measures.
Jour
The Member States concerned shall request the submission of confirmatory
information, on the basis of most recent scientific knowledge, as regards:
nal
of
— the soil and groundwater exposure assessments,
the
— the residue definition for risk assessment.
European
The Member States concerned shall ensure that the applicant submits such
confirmatory information to the Commission by 31 May 2013.’
Union
2.2.2012

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