
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 31 May 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 June 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 chlormequat, copper compounds, propaquizafop, quizalofop-P, teflubenzuron and zeta-cypermethrin as active substances by 31 May 2010.By that date they shall in particular verify that the conditions in Annex I to that Directive relating to chlormequat, copper compounds, propaquizafop, quizalofop-P, teflubenzuron and zeta-cypermethrin 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 chlormequat, copper compounds, propaquizafop, quizalofop-P, teflubenzuron, zeta-cypermethrin 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 30 November 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 chlormequat, copper compounds, propaquizafop, quizalofop-P, teflubenzuron and zeta-cypermethrin 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 chlormequat, copper compounds, propaquizafop, quizalofop-P, teflubenzuron and zeta-cypermethrin as the only active substance, where necessary, amend or withdraw the authorisation by 31 May 2014 at the latest; or
(b) in the case of a product containing chlormequat, copper compounds, propaquizafop, quizalofop-P, teflubenzuron and zeta-cypermethrin as one of several active substances, where necessary, amend or withdraw the authorisation by 31 May 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 December 2009.
Article 5 
This Directive is addressed to the Member States.
Done at Brussels, 23 April 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
‘281 ChlormequatCAS No 7003-89-6 (chlormequat)CAS No 999-81-5 (chlormequat chloride)CIPAC No 143 (chlormequat)CIPAC No 143.302 (chlormequat chloride) 2-chloroethyltrimethylammonium (chlormequat)2-chloroethyltrimethylammonium chloride (chlormequat chloride) ≥ 636 g/kgImpurities:
 1,2-dichloroethane: max 0,1 g/kg (on the dry chlormequat chloride content).
 Chloroethene (vinylchloride): max 0,0005 g/kg (on the dry chlormequat chloride content). 1 December 2009 30 November 2019 
PART A Only uses as plant growth regulator on cereals may be authorised.

PART B In assessing applications to authorise plant protection products containing chlormequat for uses other than in rye and triticale, notably as regards the exposure of consumers, 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 chlormequat, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 January 2009 shall be taken into account.
In this overall assessment Member States must pay particular attention to:

— the operator safety and ensure that conditions of use prescribe the application of adequate personal protective equipment,
— the protection of birds and mammals.
Conditions of authorisation shall include risk mitigation measures, where appropriate.
The Member States concerned shall request the submission of further information on the fate and behaviour (adsorption studies to be performed at 20 °C, recalculation of the predicted concentrations in groundwater, surface water and sediment), the monitoring methods for determination of the substance in animal products and water, and the risk to aquatic organisms, birds and mammals. They shall ensure that the notifier at whose request chlormequat has been included in this Annex provide such information to the Commission by 30 November 2011 at the latest.

282 Copper compounds:   1 December 2009 30 November 2016 
PART A Only uses as bactericide and fungicide may be authorised.

PART B In assessing applications to authorise plant protection products containing copper for uses other than on tomatoes in greenhouses, 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 copper compounds, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 January 2009 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 which 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 operator and worker safety and ensure that conditions of use prescribe the application of adequate personal protective equipment where appropriate,
— the protection of water and non-target organisms. In relation to these identified risks risk mitigation measures, such as buffer zones, should be applied where appropriate,
— the amount of active substance applied and ensure that the authorised amounts, in terms of rates and number of applications, are the minimum necessary to achieve the desired effects.
The concerned Member States shall request the submission of information to further address:

— the risk from inhalation,
— the risk assessment for non-target organisms and for soil and water.
They shall ensure that the notifier at whose request copper compounds have been included in this Annex provides such information to the Commission by 30 November 2011 at the latest.
Member States shall initiate monitoring programmes in vulnerable areas where the contamination of the soil compartment by copper is of concern, in order to set, where appropriate, limitations such as maximum application rates.

Copper hydroxideCAS No 20427-59-2CIPAC No 44.305 Copper (II) hydroxide ≥ 573 g/kg
Copper oxychlorideCAS No 1332-65-6 or 1332-40-7CIPAC No 44.602 Dicopper chloride trihydroxide ≥ 550 g/kg
Copper oxideCAS No 1317-39-1CIPAC No 44.603 Copper oxide ≥ 820 g/kg
Bordeaux mixtureCAS No 8011-63-0CIPAC No 44.604 Not allocated ≥ 245 g/kg
Tribasic copper sulphateCAS No 12527-76-3CIPAC No 44.306 Not allocated ≥ 490 g/kgThe following impurities are of toxicological concern and must not exceed the levels below:
 Lead max 0,0005 g/kg of copper content.
 Cadmium max 0,0001 g/kg of copper content.
 Arsenic max 0,0001 g/kg of copper content.
283 PropaquizafopCAS No 111479-05-1CIPAC No 173 2-isopropylidenamino-oxyethyl (R)-2-[4-(6-chloro-quinoxalin-2-yloxy)phenoxy]propionate ≥ 920 g/kgToluene maximum content 5 g/kg 1 December 2009 30 November 2019 
PART A Only uses as herbicide may be authorised.

PART B For the implementation of the uniform principles of Annex VI, the conclusions of the review report on propaquizafop, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 January 2009 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 which 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 operator safety and ensure that conditions of use prescribe the application of adequate personal protective equipment,
— the protection of aquatic organisms and non-target plants and ensure that conditions of authorisation include risk mitigation measures such as buffer zones, where appropriate,
— the protection of non-target arthropods and 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 on the relevant impurity Ro 41-5259,
— information to further address the risk to aquatic organisms and to non-target arthropods.
They shall ensure that the notifier provides such information to the Commission by 30 November 2011.

284 Quizalofop-P:   1 December 2009 30 November 2019 
PART A Only uses as herbicide may be authorised.

PART B For the implementation of the uniform principles of Annex VI, the conclusions of the review report on quizalofop-P, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 January 2009 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 which 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 operator and worker safety and ensure that conditions of use prescribe the application of adequate personal protective equipment,
— the protection of non-target plants and ensure that conditions of authorisation include risk mitigation measures such as buffer zones, where appropriate.
Conditions of authorisation shall include risk mitigation measures, where appropriate.
The Member States concerned shall ensure that the notifier submits to the Commission further information on the risk to non-target arthropods.
They shall ensure that the notifier provides such information to the Commission by 30 November 2011.

Quizalofop-P-ethylCAS No 100646-51-3CIPAC No 641.202 ethyl (R)-2-[4-(6-chloroquinoxalin-2-yloxy)phenoxy]propionate ≥ 950 g/kg
Quizalofop-P-tefurylCAS No 119738-06-6CIPAC No 641.226 (RS)-Tetrahydrofurfuryl (R)-2-[4-(6-chloroquinoxalin-2-yloxy)phenoxy]propionate ≥ 795 g/kg
285 TeflubenzuronCAS No 83121-18-0CIPAC No 450 1-(3,5-dichloro-2,4-difluorophenyl)-3-(2,6-difluorobenzoyl)urea ≥ 970 g/kg 1 December 2009 30 November 2019 
PART A Only uses as insecticide in glasshouses (on artificial substrate or closed hydroponic systems) may be authorised.

PART B In assessing applications to authorise plant protection products containing teflubenzuron for uses other than on tomatoes in greenhouses, 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 teflubenzuron, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 January 2009 shall be taken into account.
In this overall assessment Member States must pay particular attention to:

— the operator and workers safety and ensure that conditions of use prescribe the application of adequate personal protective equipment, where appropriate,
— the protection of aquatic organisms. Releases from glasshouse application must be minimised and, in any case, should not have the potential to reach in significant levels water bodies in the vicinity,
— the protection of bees which should be prevented from accessing the glasshouse,
— the protection of pollinator colonies purposely placed in the glasshouse,
— the safe disposal of condensation water, drain water and substrate in order to preclude risks to non-target organisms and contamination of surface water and groundwater.
Conditions of authorisation shall include risk mitigation measures, where appropriate.

286 Zeta-cypermethrinCAS No 52315-07-8CIPAC No 733 Mixture of the stereoisomers (S)-α-cyano-3-phenoxybenzyl (1RS,3RS;1RS,3SR)-3-(2,2-dichlorovinyl)-2,2 dimethylcyclopropanecarboxylate where the ratio of the (S);(1RS,3RS) isomeric pair to the (S);(1RS,3SR) isomeric pair lies in the ratio range 45-55 to 55-45 respectively ≥ 850 g/kgImpurities:
 toluene: max 2 g/kg
 tars: max 12,5 g/kg 1 December 2009 30 November 2019 
PART A Only uses as insecticide may be authorised.

PART B In assessing applications to authorise plant protection products containing zeta-cypermethrin for uses other than in cereals, notably as regards the exposure of consumers to mPBAldehyde, a degradation product that may be formed during processing, 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 zeta-cypermethrin, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 23 January 2009 shall be taken into account.
In this overall assessment Member States must pay particular attention to:

— the operator safety and ensure that conditions of use prescribe the application of adequate personal protective equipment, where appropriate,
— the protection of birds, aquatic organisms, bees, non-target arthropods and non-target soil macro-organisms.
Conditions of authorisation shall include risk mitigation measures, where appropriate.
The Member States concerned shall request the submission of further information on the fate and behaviour (aerobic degradation in soil), the long-term risk to birds, aquatic organisms and non-target arthropods. They shall ensure that the notifier at whose request zeta-cypermethrin has been included in this Annex provide such information to the Commission by 30 November 2011 at the latest.’


