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Date: 4-Nov-2024 Category: Not Applicable State: Union Government Country: Europe

Commission Implementing Regulation (EU) 2024/2806 of 31 October 2024 concerning the non-renewal of the approval of the active substance metribuzin, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) No 540/2011 and Commission Implementing Regulation (EU) 2015/408

Issued by European Commission · Directorate-General for Health and Food Safety

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Executive Summary & Key Takeaways

What it means

  • Commission Implementing Regulation (EU) 2024/2806 concerns the non-renewal of the approval of the active substance metribuzin within the European Union.
  • This regulation amends Commission Implementing Regulation (EU) No 540/2011 and Commission Implementing Regulation (EU) 2015/408.
  • The decision is based on concerns identified by the European Food Safety Authority (EFSA), including that metribuzin meets the criteria to be identified as an endocrine disruptor and poses a risk to bees and human health.

Key Changes

  • The approval of the active substance metribuzin is not renewed.
  • Metribuzin is removed from Part A of the Annex to Implementing Regulation (EU) No 540/2011.
  • Metribuzin is removed from the Annex to Implementing Regulation (EU) 2015/408, where it was listed as a candidate for substitution.
  • Member States must withdraw authorisations for plant protection products containing metribuzin by 24 May 2025.
  • Any grace period granted by Member States for plant protection products containing metribuzin shall expire by 24 November 2025.
  • The regulation enters into force on the twentieth day following its publication in the Official Journal of the European Union.

Impact Analysis

Agricultural Sector

  • The impact on specific crops and regions may vary depending on the availability of alternative solutions.

Plant Protection Product Manufacturers and Distributors

  • The non-renewal may impact the revenue and profitability of companies involved in the metribuzin supply chain.

Member States

  • Enforcement of the regulation will be the responsibility of Member States.

Environmental Impact

  • Monitoring the effectiveness of alternative methods and their potential environmental consequences is crucial.

Suggested Action Items

  • Consider the potential for submitting a new application for approval of metribuzin pursuant to Article 7 of Regulation (EC) No 1107/2009, if new data addresses the identified concerns.

Key Entities Referenced

European Commission: The executive branch of the European Union, responsible for proposing and implementing legislation. European Food Safety Authority (EFSA): An EU agency that provides independent scientific advice on risks related to food and feed safety. Member States: The individual countries that are members of the European Union. Regulation (EC) No 1107/2009: Regulation of the European Parliament and of the Council concerning the placing of plant protection products on the market. Commission Implementing Regulation (EU) No 540/2011: Commission Implementing Regulation implementing Regulation (EC) No 1107/2009 as regards the list of approved active substances. Commission Implementing Regulation (EU) 2015/408: Commission Implementing Regulation on implementing Article 80(7) of Regulation (EC) No 1107/2009 and establishing a list of candidates for substitution. Commission Implementing Regulation (EU) No 844/2012: Commission Implementing Regulation setting out the provisions necessary for the implementation of the renewal procedure for active substances. Commission Implementing Regulation (EU) 2023/918: Commission Implementing Regulation amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of several active substances, including metribuzin. Commission Directive 2007/25/EC: Commission Directive amending Council Directive 91/414/EEC to include dimethoate, dimethomorph, glufosinate, metribuzin, phosmet and propamocarb as active substances. Council Directive 91/414/EEC: Council Directive concerning the placing of plant protection products on the market.
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Official Journal EN of the European Union L series 2024/2806 4.11.2024 COMMISSION IMPLEMENTING REGULATION (EU) 2024/2806 of 31 October 2024 concerning the non-renewal of the approval of the active substance metribuzin, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council, and amending Commission Implementing Regulation (EU) No 540/2011 and Commission Implementing Regulation (EU) 2015/408 (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, 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 91/414/EEC(1), and in particular Article 20(1) and Article 78(2) thereof, Whereas: (1) Commission Directive 2007/25/EC(2) included metribuzin as an active substance in Annex I to Council Directive 91/414/EEC(3). (2) Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011(4). (3) The approval of the active substance metribuzin, as set out in Part A of the Annex to Implementing Regulation (EU) No 540/2011, expires on 15 February 2025. (4) An application for the renewal of the approval of the active substance metribuzin was submitted to Estonia, the rapporteur Member State, and Germany, the co-rapporteur Member State, in accordance with Article 1 of Commission Implementing Regulation (EU) No 844/2012(5)within the time period provided for in that Article. (5) The applicant submitted the supplementary dossiers required to the rapporteur Member State, the co-rapporteur Member State, the Commission and the European Food Safety Authority (‘the Authority’) in accordance with Article 6 of Implementing Regulation (EU) No 844/2012. The application was found to be admissible by the rapporteur Member State. (1) OJ L 309, 24.11.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/1107/oj. (2) Commission Directive 2007/25/EC of 23 April 2007 amending Council Directive 91/414/EEC to include dimethoate, dimethomorph, glufosinate, metribuzin, phosmet and propamocarb as active substances (OJ L 106, 24.4.2007, p. 34, ELI: http://data.europa.eu/eli/dir/ 2007/25/oj). (3) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1, ELI: http://data.europa.eu/eli/dir/1991/414/oj). (4) Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1, ELI: http://data. europa.eu/eli/reg_impl/2011/540/oj). (5) Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market (OJ L 252, 19.9.2012, p. 26, ELI: http://data.europa.eu/eli/reg_impl/2012/844/oj), which continues to apply to the procedure for the renewal of the approval of this active substance pursuant to Article 17 of Commission Implementing Regulation (EU) 2020/1740 of 20 November 2020 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council, and repealing Commission Implementing Regulation (EU) No 844/2012 (OJ L 392, 23.11.2020, p. 20, ELI: http://data.europa.eu/eli/reg_impl/2020/1740/oj). ELI: http://data.europa.eu/eli/reg_impl/2024/2806/oj 1/4EN OJ L, 4.11.2024 (6) The rapporteur Member State prepared a draft renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the Authority and the Commission on 30 September 2019. In its draft renewal assessment report, the rapporteur Member State proposed to not renew the approval of metribuzin. (7) The Authority made the supplementary summary dossier available to the public. The Authority also circulated the draft renewal assessment report to the applicant and to the Member States for comments and launched a public consultation on it. The Authority forwarded the comments received to the Commission. (8) On 25 July 2023, the Authority communicated to the Commission its conclusion(6)on whether metribuzin can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. (9) The Authority identified concerns. In particular, it concluded that metribuzin meets the criteria to be identified as an endocrine disruptor for the thyroid (T)-modality for humans and that it has not been demonstrated that the exposure of humans to that active substance in a plant protection product, under realistic proposed conditions of use, is negligible. Furthermore, the Authority concluded that the bystander and resident exposure estimates exceed the established limit value for all representative uses evaluated, and that the available studies were not sufficient to exclude a high risk to bees. (10) The Authority evaluated whether metribuzin is necessary to control a serious danger to plant health which cannot be contained by other available means including non-chemical methods. This evaluation included only cases where metribuzin is used to control weeds for pre-emergence and post-emergence herbicide applications. The Authority concluded that an insufficient number of chemical alternatives were available at the time of assessment for all crops evaluated and therefore that in that regard the derogation is scientifically supported in all crops evaluated. The assessment of non-chemical alternatives for the presented uses concluded that a wide range of non-chemical methods are available, despite of the fact that these methods might not have the same efficacy as chemical methods or might have economic limitations. Therefore, the Commission considers that the conditions for the application of the derogation in Article 4(7) of Regulation (EC) No 1107/2009 are not fulfilled. (11) The Commission presented a renewal report and a draft of this Regulation to the Standing Committee on Plants, Animals, Food and Feed on 22 May 2024and on 10 July 2024, respectively. (12) The Commission invited the applicant to submit its comments on the conclusion of the Authority. Furthermore, in accordance with Article 14(1), third subparagraph, of Implementing Regulation (EU) No 844/2012, the Commission invited the applicant to submit comments on the renewal report. The applicant submitted its comments, which have been carefully examined. (13) Despite the arguments put forward by the applicant, the concerns regarding the active substance metribuzin could not be eliminated. (14) Consequently, it has not been established with respect to one or more representative uses of at least one plant protection product containing metribuzin that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied. It is therefore appropriate not to renew the approval of the active substance metribuzin in accordance with Article 20(1), point (b), of that Regulation. (15) Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly. (6) EFSA (European Food Safety Authority), 2023. Peer review of the pesticide risk assessment of the active substance metribuzin. EFSA Journal 2023;21(8):8140 https://doi.org/10.2903/j.efsa.2023.8140. The conclusion was reissued with editorial corrections in the main body of the text and Appendix B on 13 May 2024 to reflect the results of an additional expert consultation. The corrections do not materially affect the contents or outcome of this scientific output. 2/4 ELI: http://data.europa.eu/eli/reg_impl/2024/2806/ojEN OJ L, 4.11.2024 (16) Commission Implementing Regulation (EU) 2015/408(7) listed metribuzin as a candidate for substitution. In the light of the non-renewal of the approval of metribuzin that listing is no longer relevant. Accordingly, metribuzin should be removed from the Annex to Implementing Regulation (EU) 2015/408. (17) Member States should be given sufficient time to withdraw authorisations for plant protection products containing metribuzin. (18) For plant protection products containing metribuzin, where Member States grant any grace period in accordance with Article 46 of Regulation (EC) No 1107/2009, that period should not exceed 12 months from the date of entry into force of this Regulation. (19) Commission Implementing Regulation (EU) 2023/918(8) extended the approval period of metribuzin to 15 February 2025in order to allow the renewal process to be completed before the expiry of the approval period of that active substance. However, given that a decision on the non-renewal of the approval is taken ahead of the expiry date of that extended approval period, this Regulation should apply earlier than that date. (20) This Regulation does not prevent the submission of another application for the approval of metribuzin pursuant to Article 7 of Regulation (EC) No 1107/2009. (21) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, HAS ADOPTED THIS REGULATION: Article 1 Non-renewal of the approval of the active substance The approval of the active substance metribuzin is not renewed. Article 2 Amendment to Implementing Regulation (EU) No 540/2011 In Part A of the Annex to Implementing Regulation (EU) No 540/2011, row 152, on metribuzin, is deleted. Article 3 Amendment to Implementing Regulation (EU) 2015/408 The entry for metribuzin is deleted from the Annex to Implementing Regulation (EU) 2015/408. (7) Commission Implementing Regulation (EU) 2015/408 of 11 March 2015 on implementing Article 80(7) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and establishing a list of candidates for substitution (OJ L 67, 12.3.2015, p. 18, ELI: http://data.europa.eu/eli/reg_impl/2015/408/oj). (8) Commission Implementing Regulation (EU) 2023/918 of 4 May 2023 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances aclonifen, ametoctradin, beflubutamid, benthiavalicarb, boscalid, captan, clethodim, cycloxydim, cyflumetofen, dazomet, diclofop, dimethomorph, ethephon, fenazaquin, fluopicolide, fluoxastrobin, flurochloridone, folpet, formetanate, Helicoverpa armigera nucleopolyhedrovirus, hymexazol, indolylbutyric acid, mandipropamid, metalaxyl, metaldehyde, metam, metazachlor, metribuzin, milbemectin, paclobutrazol, penoxsulam, phenmedipham, pirimiphos-methyl, propamocarb, proquinazid, prothioconazole, S-metolachlor, Spodoptera littoralis nucleopolyhe­ drovirus, Trichoderma asperellum strain T34 and Trichoderma atroviride strain I-1237 (OJ L 119, 5.5.2023, p. 160, ELI: http://data. europa.eu/eli/reg_impl/2023/918/oj). ELI: http://data.europa.eu/eli/reg_impl/2024/2806/oj 3/4EN OJ L, 4.11.2024 Article 4 Transitional measures Member States shall withdraw authorisations for plant protection products containing metribuzin as an active substance by 24 May 2025. Article 5 Grace period Any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall expire by 24 November 2025. Article 6 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 31 October 2024 For the Commission The President Ursula VON DER LEYEN 4/4 ELI: http://data.europa.eu/eli/reg_impl/2024/2806/oj

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