Regulation (EC) No 1107/2009 of the European Parliament and of the CouncilShow full title

3.8. Ecotoxicology U.K.

3.8.1. An active substance, safener or synergist shall only be approved if the risk assessment demonstrates risks to be acceptable in accordance with the criteria laid down in the uniform principles for evaluation and authorisation of plant protection products referred to in [F1 Article 29(6)(a) in relation to the relevant constituent territory] under realistic proposed conditions of use of a plant protection product containing the active substance, safener or synergist. The assessment must take into account the severity of effects, the uncertainty of the data, and the number of organism groups which the active substance, safener or synergist is expected to affect adversely by the intended use. U.K.

Textual Amendments

F1 Words in Annex 2 point 3.8.1 substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 14(3)(m) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

3.8.2. An active substance, safener or synergist shall only be approved if, on the basis of the assessment of [F2 nationally] or internationally agreed test guidelines, it is not considered to have endocrine disrupting properties that may cause adverse effects on non-target organisms unless the exposure of non-target organisms to that active substance in a plant protection product under realistic proposed conditions of use is negligible. U.K.

Textual Amendments

F2 Words in Annex 2 point 3.8.2 substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 14(3)(n)(i) (with Sch. 1) (as amended by S.I. 2019/1410, regs. 1(2), 6(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)

[F3 From [X1 10 November 2018], an active substance, safener or synergist shall be considered as having endocrine disrupting properties that may cause adverse effects on non-target organisms if, based on points (1) to (4) of the third paragraph, it is a substance that meets all of the following criteria, unless there is evidence demonstrating that the adverse effects identified are not relevant at the (sub)population level for non-target organisms:

(1)

it shows an adverse effect in non-target organisms, which is a change in the morphology, physiology, growth, development, reproduction or life span of an organism, system or (sub)population that results in an impairment of functional capacity, an impairment of the capacity to compensate for additional stress or an increase in susceptibility to other influences;

(2)

it has an endocrine mode of action, i.e. it alters the function(s) of the endocrine system;

(3)

the adverse effect is a consequence of the endocrine mode of action.

Editorial Information

X1 Substituted by Corrigendum to Commission Regulation (EU) 2018/605 of 19 April 2018 amending Annex II to Regulation (EC) No 1107/2009 by setting out scientific criteria for the determination of endocrine disrupting properties (Official Journal of the European Union L 101 of 20 April 2018).

Textual Amendments

F3 Inserted by Commission Regulation (EU) 2018/605 of 19 April 2018 amending Annex II to Regulation (EC) No 1107/2009 by setting out scientific criteria for the determination of endocrine disrupting properties (Text with EEA relevance).

The identification of an active substance, safener or synergist as having endocrine disrupting properties that may cause adverse effects on non-target organisms in accordance with the second paragraph shall be based on all of the following points:

(1)

all available relevant scientific data (in vivo studies or adequately validated alternative test systems predictive of adverse effects in humans or animals; as well as in vivo, in vitro, or, if applicable, in silico studies informing about endocrine modes of action):

(a)

scientific data generated in accordance with internationally agreed study protocols, in particular, those listed in [F4 guidance issued] in accordance with this Regulation;

(b)

other scientific data selected applying a systematic review methodology, in particular following guidance on literature data listed in [F5 guidance issued] in accordance with this Regulation;

(2)

an assessment of the available relevant scientific data based on a weight of evidence approach in order to establish whether the criteria set out in the second paragraph are fulfilled; in applying the weight of evidence determination, the assessment of the scientific evidence shall consider all of the following factors:

(a)

both positive and negative results, discriminating between taxonomic groups (e.g. mammals, birds, fish, amphibians) where relevant;

(b)

the relevance of the study design for the assessment of the adverse effects and its relevance at the (sub)population level, and for the assessment of the endocrine mode of action;

(c)

the adverse effects on reproduction, growth/development, and other relevant adverse effects which are likely to impact on (sub)populations. Adequate, reliable and representative field or monitoring data and/or results from population models shall as well be considered where available;

(d)

the quality and consistency of the data, considering the pattern and coherence of the results within and between studies of a similar design and across different taxonomic groups;

(e)

the concept of the limit dose and international guidelines on maximum recommended doses and for assessing confounding effects of excessive toxicity;

(3)

using a weight of evidence approach, the link between the adverse effect(s) and the endocrine mode of action shall be established based on biological plausibility, which shall be determined in the light of current scientific knowledge and under consideration of internationally agreed guidelines;

(4)

Adverse effects that are non-specific secondary consequences of other toxic effects shall not be considered for the identification of the substance as endocrine disruptor with respect to non-target organisms.]

Textual Amendments

F4 Words in Annex 2 point 3.8.2 substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 14(3)(n)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Annex 2 point 3.8.2 substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 14(3)(n)(ii) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)

3.8.3. An active substance, safener or synergist shall be approved only if it is established following an appropriate risk assessment on the basis of [F6 nationally] or internationally agreed test guidelines, that the use under the proposed conditions of use of plant protection products containing this active substance, safener or synergist: U.K.

• will result in a negligible exposure of honeybees, or

• has no unacceptable acute or chronic effects on colony survival and development, taking into account effects on honeybee larvae and honeybee behaviour.

Textual Amendments

F6 Word in Annex 2 point 3.8.3 substituted (31.12.2020) by The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/556), regs. 1(1), 14(3)(o) (with Sch. 1); 2020 c. 1, Sch. 5 para. 1(1)