
Article 1 
Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
Article 2 
Member States shall adopt and publish by 30 April 2010 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 1 May 2010.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 3 

1. Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad as active substances by 30 April 2010.By that date they shall in particular verify that the conditions in Annex I to that Directive relating to bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.
2. By way of derogation from paragraph 1, for each authorised plant protection product containing bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 October 2009 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad respectively. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.Following that determination Member States shall:
(a) in the case of a product containing bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad as the only active substance, where necessary, amend or withdraw the authorisation by 30 April 2014 at the latest; or
(b) in the case of a product containing bensulfuron, sodium 5-nitroguaiacolate, sodium o-nitrophenolate, sodium p-nitrophenolate and tebufenpyrad as one of several active substances, where necessary, amend or withdraw the authorisation by 30 April 2014 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.
Article 4 
This Directive shall enter into force on 1 November 2009.
Article 5 
This Directive is addressed to the Member States.
Done at Brussels, 18 February 2009.
For the Commission
Androulla VASSILIOU
Member of the Commission
ANNEX

The following entry shall be added at the end of the table in Annex I to Directive 91/414/EEC:

No Common name, identification numbers IUPAC name Purity Entry into force Expiration of inclusion Specific provisions
‘276 BensulfuronCAS No 83055-99-6CIPAC No 502.201 α-[(4,6-dimethoxypyrimidin-2-ylcarbamoyl)sulfamoyl]-o-toluic acid (bensulfuron)methyl α-[(4,6-dimethoxypyrimidin-2-ylcarbamoyl)sulfamoyl]-o-toluate (bensulfuron-methyl) ≥ 975 g/kg 1 November 2009 31 October 2019 
PART A Only uses as a herbicide

PART B For the implementation of the uniform principles of Annex VI, the conclusions of the review report on bensulfuron, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 8 December 2008 shall be taken into account.
In this overall assessment Member States must pay particular attention to the following:

— the protection of aquatic organisms; in relation to these identified risks, risk mitigation measures, such as buffer zones, shall be applied where appropriate,
— the protection of the groundwater, where the active substance is applied in regions with vulnerable soil and/or climatic conditions.
The Member States concerned shall ensure that the notifier submits to the Commission:

— further studies on the specification,
— information to further address the route and rate of degradation of bensulfuron-methyl under aerobic flooded soil conditions,
— information to address the relevance of metabolites for the consumer risk assessment.
They shall ensure that the notifiers provide such studies to the Commission by 31 October 2011.

277 Sodium 5-nitroguaiacolateCAS No 67233-85-6CIPAC number not allocated Sodium 2-methoxy-5-nitrophenolate ≥ 980 g/kg 1 November 2009 31 October 2019 
PART A Only use as plant growth regulator may be authorised.

PART B For the implementation of the uniform principles of Annex VI, the conclusions of the review report on sodium 5-nitroguaiacolate, sodium o-nitrophenolate and sodium p-nitrophenolate, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 2 December 2008 shall be taken into account.
In this overall assessment Member States must pay particular attention to:

— the specification of the technical material as commercially manufactured must be confirmed and supported by appropriate analytical data. The test material used in the toxicity dossiers should be compared and verified against this specification of the technical material,
— the protection of the operators and workers safety. Authorised conditions of use must prescribe the application of adequate personal protective equipment and risk mitigation measures to reduce the exposure,
— the protection of the groundwater, when the active substance is applied in regions with vulnerable soil and/or climatic conditions. Conditions of authorisation should include risk mitigation measures, where appropriate.
The Member States concerned shall request the submission of further studies to address the risk to groundwater. They shall ensure that the notifiers provide such studies to the Commission by 31 October 2011.

278 Sodium o-nitrophenolateCAS No 824-39-5CIPAC number not allocated Sodium 2-nitrophenolate; sodium o-nitrophenolate ≥ 980 g/kgThe following impurities are of toxicological concern:
 Phenol
Max content: 0,1 g/kg
 2,4 dinitrophenol
max content: 0,14 g/kg
 2,6 dinitrophenol
max content: 0,32 g/kg 1 November 2009 31 October 2019 
PART A Only use as plant growth regulator may be authorised.

PART B For the implementation of the uniform principles of Annex VI, the conclusions of the review report on sodium 5-nitroguaiacolate, sodium o-nitrophenolate and sodium p-nitrophenolate, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 2 December 2008 shall be taken into account.
In this overall assessment Member States must pay particular attention to:

— the specification of the technical material as commercially manufactured must be confirmed and supported by appropriate analytical data. The test material used in the toxicity dossiers should be compared and verified against this specification of the technical material,
— the protection of the operators and workers safety. Authorised conditions of use must prescribe the application of adequate personal protective equipment and risk mitigation measures to reduce the exposure,
— the protection of the groundwater, when the active substance is applied in regions with vulnerable soil and/or climatic conditions. Conditions of authorisation should include risk mitigation measures, where appropriate.
The Member States concerned shall request the submission of further studies to address the risk to groundwater. They shall ensure that the notifiers provide such studies to the Commission by 31 October 2011.

279 Sodium p-nitrophenolateCAS No 824-78-2CIPAC number not allocated Sodium 4-nitrophenolate; sodium p-nitrophenolate ≥ 998 g/kgThe following impurities are of toxicological concern:
 Phenol
max content: 0,1 g/kg
 2,4 dinitrophenol
max content: 0,07 g/kg
 2,6 dinitrophenol
max content: 0,09 g/kg 1 November 2009 31 October 2019 
PART A Only use as plant growth regulator may be authorised.

PART B For the implementation of the uniform principles of Annex VI, the conclusions of the review report on sodium 5-nitroguaiacolate, sodium o-nitrophenolate and sodium p-nitrophenolate, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 2 December 2008 shall be taken into account.
In this overall assessment Member States must pay particular attention to:

— the specification of the technical material as commercially manufactured must be confirmed and supported by appropriate analytical data. The test material used in the toxicity dossiers should be compared and verified against this specification of the technical material,
— the protection of the operators and workers safety. Authorised conditions of use must prescribe the application of adequate personal protective equipment and risk mitigation measures to reduce the exposure,
— the protection of the groundwater, when the active substance is applied in regions with vulnerable soil and/or climatic conditions. Conditions of authorisation should include risk mitigation measures, where appropriate.
The Member States concerned shall request the submission of further studies to address the risk to groundwater. They shall ensure that the notifiers provide such studies to the Commission by 31 October 2011.

280 TebufenpyradCAS No 119168-77-3CIPAC No 725 N-(4-tert-butylbenzyl)-4-chloro-3-ethyl-1-methylpyrazole-5-carboxamide ≥ 980 g/kg 1 November 2009 31 October 2019 
PART A Only uses as acaricide and insecticide may be authorised.

PART B In assessing applications to authorise plant protection products containing tebufenpyrad in formulations other than water soluble bags Member States shall pay particular attention to the criteria in Article 4(1)(b), and shall ensure that any necessary data and information is provided before such an authorisation is granted.
For the implementation of the uniform principles of Annex VI, the conclusions of the review report on tebufenpyrad, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 2 December 2008 shall be taken into account.
In this overall assessment Member States must pay particular attention to:

— the operator and worker safety and ensure that conditions of use prescribe the application of adequate personal protective equipment,
— the protection of aquatic organisms and must ensure that conditions of authorisation include risk mitigation measures such as buffer zones, where appropriate,
— the protection of insectivorous birds and must ensure that the conditions of authorisation include, where appropriate, risk mitigation measures.
The Member States concerned shall ensure that the notifier submits to the Commission:

— further information confirming that no relevant impurities are present,
— information to further address the risk to insectivorous birds.
They shall ensure that the notifier provides such information to the Commission by 31 October 2011.’


