11.2.2016   

EN

Official Journal of the European Union

L 35/1

(1)

In accordance with Article 7(1) of Regulation (EC) No 1107/2009, France received on 20 December 2012 an application from Syngenta Crop Protection AG for the approval of the active substance benzovindiflupyr.

(2)

In accordance with Article 9(3) of that Regulation, France, as rapporteur Member State, notified the applicant, the other Member States, the Commission and the European Food Safety Authority (hereinafter ‘the Authority’) of the admissibility of the application on 15 February 2013.

(3)

On 25 March 2014 the rapporteur Member State submitted a draft assessment report to the Commission with a copy to the Authority, assessing whether that active substance can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009.

(4)

The Authority complied with Article 12(1) of Regulation (EC) No 1107/2009. In accordance with Article 12(3) of Regulation (EC) No 1107/2009, it requested that the applicant supply additional information to the Member States, the Commission and the Authority. The assessment of the additional information by the rapporteur Member State was submitted to the Authority in the format of an updated draft assessment report in February 2015.

(5)

On 10 March 2015 the Authority communicated to the applicant, the Member States and the Commission its conclusion on whether the active substance benzovindiflupyr can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 (2). The Authority made its conclusion available to the public.

(6)

On 13 July 2015 the Commission presented to the Standing Committee on Plants, Animals, Food and Feed the review report for benzovindiflupyr and a draft Regulation providing that benzovindiflupyr is approved.

(7)

The applicant was given the possibility to submit comments on the review report.

(8)

It has been established with respect to one or more representative uses of at least one plant protection product containing the active substance, and in particular the uses which were examined and detailed in the Commission review report, that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied. Those approval criteria are therefore deemed to be satisfied.

(9)

The Commission however considers that benzovindiflupyr is a candidate for substitution pursuant to Article 24 of Regulation (EC) No 1107/2009. Benzovindiflupyr is a persistent and toxic substance in accordance with points 3.7.2.1 and 3.7.2.3 respectively, of Annex II to Regulation (EC) No 1107/2009, given that the half-life in soil and fresh water sediment is higher than 120 days and the long-term no-observed effect concentration for freshwater organisms is less than 0,01 mg/L. Benzovindiflupyr therefore fulfils the condition set in the second indent of point 4 of Annex II to Regulation (EC) No 1107/2009.

(10)

It is therefore appropriate to approve benzovindiflupyr as a candidate for substitution.

(11)

In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is necessary to include certain conditions and restrictions. It is, in particular, appropriate to require further confirmatory information.

(12)

In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 (3) should be amended accordingly.

(13)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,