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9.8.2013 Official
Journal
of
the
European
Union L
214/5
COMMISSION IMPLEMENTING REGULATION (EU) No 767/2013
of 8 August 2013
withdrawing the approval of the active substance bitertanol, 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, and amending Commission Implementing Regulation (EU)
No 540/2011
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(6) Member
States
should
be
provided
with
time
to
withdraw authorisations for plant protection products
containing bitertanol.
Having regard to the Treaty on the Functioning of the European
Union,
(7) The
measures
provided
for
in
this
Regulation
are
in
Having regard to Regulation (EC) No 1107/2009 of the
accordance with the opinion of the Standing
European Parliament and of the Council of 21 October 2009
Committee on the Food Chain and Animal Health,
concerning the placing of plant protection products on the
market and repealing Council Directives 79/117/EEC and
HAS ADOPTED THIS REGULATION:
91/414/EEC ( 1 ), and in particular the second alternative of
Article 21(3) and Article 78(2) thereof,
Article 1
Whereas:
Withdrawal of approval
The approval of the active substance bitertanol is withdrawn.
(1) Commission Implementing Regulation (EU) No
1278/2011 ( 2 ) approved bitertanol as active substance
in accordance with Regulation (EC) No 1107/2009,
Article 2
with the condition that the applicant at whose request
Repeal of Implementing Regulation (EU) No 1278/2011
bitertanol has been approved provides further
confirmatory information on the toxicological relevance
Implementing Regulation (EU) No 1278/2011 is repealed.
of the impurities BUE 1662, thus referred to for
confidentiality reasons, and 3-chlorophenoxy compound
by 30 June 2012.
Article 3
Amendment to Implementing Regulation (EU) No
(2) The
applicant
at
whose
request
bitertanol
had
been
540/2011
approved did not submit any confirmatory information
In Part B of the Annex to Implementing Regulation (EU) No
by the deadline of 30 June 2012. By letter of
540/2011, row 21, bitertanol, is deleted.
11 December 2011 it had already informed the
Commission of its intention not to submit such
information.
Article 4
Transitional measures
(3)
Consequently, it is appropriate to withdraw the approval
of bitertanol.
Member States shall withdraw authorisations for plant
protection products containing bitertanol as active substance
by 1 March 2014.
(4) Implementing
Regulation
(EU)
No
1278/2011
should
therefore be repealed.
Article 5
(5) Commission Implementing Regulation (EU) No
Grace period
540/2011 ( 3 ) should therefore be amended accordingly.
Any grace period granted by Member States in accordance with
Article 46 of Regulation (EC) No 1107/2009 shall be as short
( 1 ) OJ L 309, 24.11.2009, p. 1.
as possible and shall expire 12 months after withdrawal of the
( 2 ) Commission Implementing Regulation (EU) No 1278/2011 of
respective authorisation at the latest.
8 December 2011 approving the active substance bitertanol, 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, and amending the Annex to
Article 6
Commission Implementing Regulation (EU) No 540/2011 and
Commission Decision 2008/934/EC (OJ L 327, 9.12.2011, p. 49).
Entry into force
( 3 ) Commission Implementing Regulation (EU) No 540/2011 of
This Regulation shall enter into force on the twentieth day
25 May 2011 implementing Regulation (EC) No 1107/2009 of
the European Parliament and of the Council as regards the list of
following that of its publication in the Official Journal of the
approved active substances (OJ L 153, 11.6.2011, p. 1).
European Union.

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L 214/6
EN
Official Journal of the European Union
9.8.2013
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 August 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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