- Latest available (Revised)
- Point in Time (21/10/2009)
- Original (As adopted by EU)
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 91/414/EEC
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The following Member States belong to this zone:
Denmark, Estonia, Latvia, Lithuania, Finland, Sweden
The following Member States belong to this zone:
Belgium, Czech Republic, Germany, Ireland, Luxembourg, Hungary, Netherlands, Austria, Poland, Romania, Slovenia, Slovakia, United Kingdom
The following Member States belong to this zone:
Bulgaria, Greece, Spain, France, Italy, Cyprus, Malta, Portugal
In principle an active substance, safener or synergist shall only be approved where a complete dossier is submitted.
In exceptional cases an active substance, safener or synergist may be approved even though certain information is still to be submitted where:
the data requirements have been amended or refined after the submission of the dossier; or
the information is considered to be confirmatory in nature, as required to increase confidence in the decision.
Where necessary, the approval may be subject to conditions and restrictions as referred to in Article 6.
Where the rapporteur Member State considers that the dossier provided lacks certain information, to the effect that the active substance could only be approved subject to restrictions, it shall contact the applicant at an early stage to obtain more information which may possibly enable these restrictions to be removed.
The dossiers submitted pursuant to Article 7(1) shall contain the information needed to establish, where relevant, Acceptable Daily Intake (ADI), Acceptable Operator Exposure Level (AOEL) and Acute Reference Dose (ARfD).
In the case of an active substance, safener or synergist for which one or more representative uses includes use on feed or food crops or leads indirectly to residues in food or feed, the dossier submitted pursuant to Article 7(1) shall contain the information necessary to carry out a risk assessment and for enforcement purposes.
The dossier shall in particular:
permit any residue of concern to be defined;
reliably predict the residues in food and feed, including succeeding crops;
reliably predict, where relevant, the corresponding residue level reflecting the effects of processing and/or mixing;
permit a maximum residue level to be defined and to be determined by appropriate methods in general use for the commodity and, where appropriate, for products of animal origin where the commodity or parts of it is fed to animals;
permit, where relevant, concentration or dilution factors due to processing and/or mixing to be defined.
The dossier submitted pursuant to Article 7(1) shall be sufficient to permit, where relevant, an estimate of the fate and distribution of the active substance in the environment, and its impact on non-target species.
An active substance alone or associated with a safener or synergist shall only be approved where it has been established for one or more representative uses that the plant protection product, consequent on application consistent with good plant protection practice and having regard to realistic conditions of use is sufficiently effective. This requirement shall be evaluated in accordance with the uniform principles for evaluation and authorisation of plant protection products referred to in Article 29(6).
Where applicable the documentation submitted shall be sufficient to permit the establishment of the toxicological, ecotoxicological or environmental relevance of metabolites.
By 14 December 2013, the Commission shall present to the Standing Committee on the Food Chain and Animal Health a draft of the measures concerning specific scientific criteria for the determination of endocrine disrupting properties to be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 79(4).
Pending the adoption of these criteria, substances that are or have to be classified, in accordance with the provisions of Regulation (EC) No 1272/2008, as carcinogenic category 2 and toxic for reproduction category 2, shall be considered to have endocrine disrupting properties.
In addition, substances such as those that are or have to be classified, in accordance with the provisions of Regulation (EC) No 1272/2008, as toxic for reproduction category 2 and which have toxic effects on the endocrine organs, may be considered to have such endocrine disrupting properties.
A substance that fulfils all three of the criteria of the points below is a POP.
An active substance, safener or synergist fulfils the persistence criterion where there is evidence that the time it takes for a degradation of 50 % (DT50) in water is greater than 2 months, or that its DT50 in soil is greater than 6 months, or that its DT50 in sediment is greater than 6 months.
An active substance, safener or synergist fulfils the bioaccumulation criterion where there is:
evidence that its bio-concentration factor or bioaccumulation factor in aquatic species is greater than 5 000 or, in the absence of such data, that the partition coefficient n-octanol/water (log Ko/w) is greater than 5, or
evidence that the active substance, safener or synergist present other reasons for concern, such as high bioaccumulation in other non-target species, high toxicity or ecotoxicity.
An active substance, safener or synergist fulfils the potential for long-range environmental transport criterion where:
measured levels of the active substance, safener or synergist in locations distant from the sources of its release are of potential concern,
monitoring data show that long-range environmental transport of the active substance, safener or synergist, with the potential for transfer to a receiving environment, may have occurred via air, water or migratory species, or
environmental fate properties and/or model results demonstrate that the active substance, safener or synergist has a potential for long-range environmental transport through air, water or migratory species, with the potential for transfer to a receiving environment in locations distant from the sources of its release. For an active substance safener or synergist that migrates significantly through the air, its DT50 in air is to be greater than 2 days.
A substance that fulfils all three of the criteria of the points below is a PBT substance.
An active substance, safener or synergist fulfils the persistence criterion where:
the half-life in marine water is higher than 60 days,
the half-life in fresh or estuarine water is higher than 40 days,
the half-life in marine sediment is higher than 180 days,
the half-life in fresh or estuarine water sediment is higher than 120 days, or
the half-life in soil is higher than 120 days.
Assessment of persistency in the environment shall be based on available half-life data collected under appropriate conditions, which shall be described by the applicant.
An active substance, safener or synergist fulfils the bioaccumulation criterion where the bioconcentration factor is higher than 2 000.
Assessment of bioaccumulation shall be based on measured data on bioconcentration in aquatic species. Data from both freshwater and marine water species can be used.
An active substance, safener or synergist fulfils the toxicity criterion where:
the long-term no-observed effect concentration for marine or freshwater organisms is less than 0,01 mg/l,
the substance is classified as carcinogenic (category 1A or 1B), mutagenic (category 1A or 1B), or toxic for reproduction (category 1A, 1B or 2) pursuant to Regulation (EC) No 1272/2008, or
there is other evidence of chronic toxicity, as identified by the classifications STOT RE 1 or STOT RE 2 pursuant to Regulation (EC) No 1272/2008.
A substance that fulfils both of the criteria of the points below is a vPvB substance.
An active substance, safener or synergist fulfils the ‘very persistent’ criterion where:
the half-life in marine, fresh- or estuarine water is higher than 60 days,
the half-life in marine, fresh- or estuarine water sediment is higher than 180 days, or
the half-life in soil is higher than 180 days.
An active substance, safener or synergist fulfils the ‘very bioaccumulative’ criterion where the bioconcentration factor is greater than 5 000.
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.
An active substance, safener or synergist shall only be approved if, where relevant, a residue definition can be established for the purposes of risk assessment and for enforcement purposes.
An active substance shall only be approved where it has been established for one or more representative uses, that consequently after application of the plant protection product consistent with realistic conditions on use, the predicted concentration of the active substance or of metabolites, degradation or reaction products in groundwater complies with the respective criteria of the uniform principles for evaluation and authorisation of plant protection products referred to in Article 29(6).
An active substance shall be approved as a candidate for substitution pursuant to Article 24 where any of the following conditions are met:
its ADI, ARfD or AOEL is significantly lower than those of the majority of the approved active substances within groups of substances/use categories,
it meets two of the criteria to be considered as a PBT substance,
there are reasons for concern linked to the nature of the critical effects (such as developmental neurotoxic or immunotoxic effects) which, in combination with the use/exposure patterns, amount to situations of use that could still cause concern, for example, high potential of risk to groundwater; even with very restrictive risk management measures (such as extensive personal protective equipment or very large buffer zones),
it contains a significant proportion of non-active isomers,
it is or is to be classified, in accordance with the provisions of Regulation (EC) No 1272/2008, as carcinogen category 1A or 1B, if the substance has not been excluded in accordance with the criteria laid down in point 3.6.3,
it is or is to be classified, in accordance with the provisions of Regulation (EC) No 1272/2008, as toxic for reproduction category 1A or 1B if the substance has not been excluded in accordance with the criteria laid down in point 3.6.4,
if, on the basis of the assessment of Community or internationally agreed test guidelines or other available data and information, reviewed by the Authority, it is considered to have endocrine disrupting properties that may cause adverse effects in humans if the substance has not been excluded in accordance with the criteria laid down in point 3.6.5.
An active substance shall not be considered of low risk where it is or has to be classified in accordance with Regulation (EC) No 1272/2008 as at least one of the following:
carcinogenic,
mutagenic,
toxic to reproduction,
sensitising chemicals,
very toxic or toxic,
explosive,
corrosive.
It shall also not be considered as of low risk if:
persistent (half-life in soil is more than 60 days),
bioconcentration factor is higher than 100,
it is deemed to be an endocrine disrupter, or
it has neurotoxic or immunotoxic effects.
Where refusal or withdrawal of an authorisation of a plant protection product in favour of an alternative plant protection product or a non-chemical control or prevention method is considered, referred to as ‘substitution’, the alternative must, in the light of scientific and technical knowledge, show significantly lower risk to health or the environment. An assessment of the alternative shall be performed to demonstrate whether it can be used with similar effect on the target organism and without significant economic and practical disadvantages to the user or not.
Further conditions for refusal or withdrawal of an authorisation are as follows:
substitution shall be applied only where other methods or the chemical diversity of the active substances is sufficient to minimise the occurrence of resistance in the target organism;
substitution shall be applied only to plant protection products where their use presents a significantly higher level of risk to human health or the environment; and
substitution shall be applied only after allowing for the possibility, where necessary, of acquiring experience from use in practice, where not already available.
A significant difference in risk shall be identified on a case-by-case basis by the competent authorities. The properties of the active substance and plant protection product, and the possibility of exposure of different population subgroups (professional or non-professional users, bystanders, workers, residents, specific vulnerable groups or consumers) directly or indirectly through food, feed, drinking water or the environment shall be taken into account. Other factors such as the stringency of imposed restrictions on use and prescribed personal protective equipment shall also be considered.
For the environment, if relevant, a factor of at least 10 for the toxicity/exposure ratio (TER) of different plant protection products is considered a significant difference in risk.
Significant practical or economic disadvantage to the user is defined as a major quantifiable impairment of working practices or business activity leading to inability to maintain sufficient control of the target organism. Such a major impairment might be, for example, where no technical facilities for the use of the alternative are available or economically feasible.
Where a comparative assessment indicates that restrictions on and/or prohibitions of use of a plant protection product could cause such disadvantage, then this shall be taken into account in the decision-making process. This situation shall be substantiated.
The comparative assessment shall take authorised minor uses into account.
Acts amending Directive 91/414/EEC | Deadline for transposition |
---|---|
Directive 93/71/EEC | 3 August 1994 |
Directive 94/37/EC | 31 July 1995 |
Directive 94/79/EC | 31 January 1996 |
Directive 95/35/EC | 30 June 1996 |
Directive 95/36/EC | 30 April 1996 |
Directive 96/12/EC | 31 March 1997 |
Directive 96/46/EC | 30 April 1997 |
Directive 96/68/EC | 30 November 1997 |
Directive 97/57/EC | 1 October 1997 |
Directive 2000/80/EC | 1 July 2002 |
Directive 2001/21/EC | 1 July 2002 |
Directive 2001/28/EC | 1 August 2001 |
Directive 2001/36/EC | 1 May 2002 |
Directive 2001/47/EC | 31 December 2001 |
Directive 2001/49/EC | 31 December 2001 |
Directive 2001/87/EC | 31 March 2002 |
Directive 2001/99/EC | 1 January 2003 |
Directive 2001/103/EC | 1 April 2003 |
Directive 2002/18/EC | 30 June 2003 |
Directive 2002/37/EC | 31 August 2003 |
Directive 2002/48/EC | 31 December 2002 |
Directive 2002/64/EC | 31 March 2003 |
Directive 2002/81/EC | 30 June 2003 |
Directive 2003/5/EC | 30 April 2004 |
Directive 2003/23/EC | 31 December 2003 |
Directive 2003/31/EC | 30 June 2004 |
Directive 2003/39/EC | 30 September 2004 |
Directive 2003/68/EC | 31 March 2004 |
Directive 2003/70/EC | 30 November 2004 |
Directive 2003/79/EC | 30 June 2004 |
Directive 2003/81/EC | 31 January 2005 |
Directive 2003/82/EC | 30 July 2004 |
Directive 2003/84/EC | 30 June 2004 |
Directive 2003/112/EC | 30 April 2005 |
Directive 2003/119/EC | 30 September 2004 |
Regulation (EC) No 806/2003 | — |
Directive 2004/20/EC | 31 July 2005 |
Directive 2004/30/EC | 30 November 2004 |
Directive 2004/58/EC | 31 August 2005 |
Directive 2004/60/EC | 28 February 2005 |
Directive 2004/62/EC | 31 March 2005 |
Directive 2004/66/EC | 1 May 2004 |
Directive 2004/71/EC | 31 March 2005 |
Directive 2004/99/EC | 30 June 2005 |
Directive 2005/2/EC | 30 September 2005 |
Directive 2005/3/EC | 30 September 2005 |
Directive 2005/25/EC | 28 May 2006 |
Directive 2005/34/EC | 30 November 2005 |
Directive 2005/53/EC | 31 August 2006 |
Directive 2005/54/EC | 31 August 2006 |
Directive 2005/57/EC | 31 October 2006 |
Directive 2005/58/EC | 31 May 2006 |
Directive 2005/72/EC | 31 December 2006 |
Directive 2006/5/EC | 31 March 2007 |
Directive 2006/6/EC | 31 March 2007 |
Directive 2006/10/EC | 30 September 2006 |
Directive 2006/16/EC | 31 January 2007 |
Directive 2006/19/EC | 30 September 2006 |
Directive 2006/39/EC | 31 July 2007 |
Directive 2006/41/EC | 31 January 2007 |
Directive 2006/45/EC | 18 September 2006 |
Directive 2006/64/EC | 31 October 2007 |
Directive 2006/74/EC | 30 November 2007 |
Directive 2006/75/EC | 31 March 2007 |
Directive 2006/85/EC | 31 January 2008 |
Directive 2006/104/EC | 1 January 2007 |
Directive 2006/131/EC | 30 June 2007 |
Directive 2006/132/EC | 30 June 2007 |
Directive 2006/133/EC | 30 June 2007 |
Directive 2006/134/EC | 30 June 2007 |
Directive 2006/135/EC | 30 June 2007 |
Directive 2006/136/EC | 30 June 2007 |
Directive 2007/5/EC | 31 March 2008 |
Directive 2007/6/EC | 31 July 2007 |
Directive 2007/21/EC | 12 December 2007 |
Directive 2007/25/EC | 31 March 2008 |
Directive 2007/31/EC | 1 September 2007 |
Directive 2007/50/EC | 31 May 2008 |
Directive 2007/52/EC | 31 March 2008 |
Directive 2007/76/EC | 30 April 2009 |
Directive 2008/40/EC | 30 April 2009 |
Directive 2008/41/EC | 30 June 2009 |
Directive 2008/45/EC | 8 August 2008 |
Directive 2008/66/EC | 30 June 2009 |
Acts amending Directive 79/117/EEC | Deadline for transposition |
---|---|
Directive 83/131/EEC | 1 October 1984 |
Directive 85/298/EEC | 1 January 1986 |
Directive 86/214/EEC | — |
Directive 86/355/EEC | 1 July 1987 |
Directive 87/181/EEC | 1 January 1988 and 1 January 1989 |
Directive 87/477/EEC | 1 January 1988 |
Directive 89/365/EEC | 31 December 1989 |
Directive 90/335/EEC | 1 January 1991 |
Directive 90/533/EEC | 31 December 1990 and 30 September 1990 |
Directive 91/188/EEC | 31 March 1992 |
Regulation (EC) No 807/2003 | — |
Regulation (EC) No 850/2004 | — |
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