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15.8.2012 Official
Journal
of
the
European
Union L
218/3
COMMISSION IMPLEMENTING REGULATION (EU) No 735/2012
of 14 August 2012
amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the
active substance potassium hydrogen carbonate
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(3) The
Authority
communicated
its
view
on
potassium
hydrogen carbonate to the notifier, and the Commission
invited it to submit comments on the review report.
Having regard to the Treaty on the Functioning of the European
Union,
(4) It
is
confirmed
that
the
active
substance
potassium
hydrogen carbonate is to be deemed to have been
approved under Regulation (EC) No 1107/2009.
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
market and repealing Council Directives 79/117/EEC and
(5) In
accordance
with
Article
13(2)
of
Regulation
(EC)
No
91/414/EEC (
1107/2009 in conjunction with Article 6 thereof and in

1 ), and in particular Article 13(2)(c) thereof,
the light of current scientific and technical knowledge, it
is necessary to amend the conditions of approval of
potassium hydrogen carbonate. Taking into account the
Whereas:
fact that the use of potassium hydrogen carbonate as
insecticide was assessed by Belgium and has not shown
additional risks, it is appropriate to allow this use in
addition to the use as fungicide.
(1) The
active
substance
potassium
hydrogen
carbonate
was
included in Annex I to Council Directive 91/414/EEC ( 2 )
by Commission Directive 2008/127/EC ( 3 ) in accordance
with the procedure provided for in Article 24b of
(6) The
Annex
to
Implementing
Regulation
(EU)
No
Commission Regulation (EC) No 2229/2004 of
540/2011 should therefore be amended accordingly.
3 December 2004 laying down further detailed rules
for the implementation of the fourth stage of the
programme of work referred to in Article 8(2) of
(7) A
reasonable
period
of
time
should
be
allowed
before
the
Council Directive 91/414/EEC ( 4 ). Since the replacement
application of this Regulation in order to allow Member
of Directive 91/414/EEC by Regulation (EC) No
States, the notifier and holders of authorisations for plant
1107/2009, this substance is deemed to have been
protection products containing potassium hydrogen
approved under that Regulation and is listed in Part A
carbonate to meet the requirements resulting from
of the Annex to Commission Implementing Regulation
amendment to the conditions of the approval.
(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
(8) The
measures
provided
for
in
this
Regulation
are
in
substances ( 5 ).
accordance with the opinion of the Standing
Committee on the Food Chain and Animal Health,
(2) In
accordance
with
Article
25a
of
Regulation
(EC)
No
2229/2004, the European Food Safety Authority, here
HAS ADOPTED THIS REGULATION:
inafter ‘the Authority’, presented to the Commission its
view on the draft review report for potassium hydrogen
carbonate ( 6 ) on 16 December 2011. The draft review
Article 1
report and the view of the Authority were reviewed by
the Member States and the Commission within the
Part A of the Annex to Implementing Regulation (EU) No
Standing Committee on the Food Chain and Animal
540/2011 is amended in accordance with the Annex to this
Health and finalised on 13 July 2012 in the format of
Regulation.
the Commission review report for potassium hydrogen
carbonate.
Article 2
( 1 ) OJ L 309, 24.11.2009, p. 1.
( 2 ) OJ L 230, 19.8.1991, p. 1.
This Regulation shall enter into force on the twentieth day
( 3 ) OJ L 344, 20.12.2008, p. 89.
following that of its publication in the Official Journal of the
( 4 ) OJ L 379, 24.12.2004, p. 13.
European Union.
( 5 ) OJ L 153, 11.6.2011, p. 1.
( 6 ) Conclusion on the peer review of the pesticide risk assessment of the
active substance potassium hydrogen carbonate, EFSA Journal 2012;
10(1):2524. Available online: www.efsa.europa.eu/efsajournal.htm
It shall apply from 1 February 2013.

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L 218/4
EN
Official Journal of the European Union
15.8.2012
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 August 2012.
For the Commission
The President
José Manuel BARROSO

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15.8.2012 Off
ANNEX
In Part A of the Annex to Implementing Regulation (EU) No 540/2011, row 244 on the active substance potassium hydrogen carbonate is replaced by the following:
Number
Common name,
identification numbers
IUPAC name Purity
(1 ) Date
of
approval Expiration
of
approval Specific
provisions
EN
‘244 Potassium
hydrogen
Potassium hydrogen
≥ 99,5 %
1 September
31 August 2019 PART
A

carbonate
carbonate
2009
Impurities:
Only uses as fungicide and insecticide may be authorised.
CAS No 298-14-6
Pb max. 10 mg/kg
PART B
CIPAC No 853
As max. 3 mg/kg
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 potassium hydrogen carbonate (SANCO/2625/2008) and
in particular Appendices I and II thereof, as finalised in the Standing
Committee on the Food Chain and Animal Health on 13 July 2012 shall
be taken into account.
icial
In this overall assessment Member States shall pay particular attention to the
risk to honeybees. Conditions of use shall include, where appropriate, risk
Jour
mitigation measures.’
nal
(1 ) Further details on identity and specification of active substance are provided in their review report.
of
the
European
Union
L
218/5

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Document Outline

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