
Article 1 
Annex I to Directive 91/414/EEC is amended in accordance with the Annex to this Directive.
Article 2 
Member States shall adopt and publish by 30 November 2011 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 December 2011.
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 carbendazim as an active substance by 1 December 2011.By that date they shall in particular verify that the conditions in Annex I to that Directive relating to carbendazim 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 carbendazim 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 1 June 2011 at the latest, Member States shall, where necessary, re-evaluate the products, to take into account developments occurred in the scientific and technical knowledge and 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 carbendazim. On the basis of that evaluation, they shall determine whether the product still 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, where necessary, amend or withdraw the authorisation by 1 December 2013.
Article 4 
This Directive shall enter into force on 1 June 2011.
Article 5 
This Directive is addressed to the Member States.
Done at Brussels, 10 May 2011.
For the Commission
The President
José Manuel BARROSO
ANNEX

In Annex I to Directive 91/414/EEC, row No 149 is replaced by the following:

No Common name, identification numbers IUPAC name Purity Entry into force Expiration of inclusion Specific provisions
‘149 CarbendazimCAS No 10605-21-7CIPAC No 263 Methyl benzimidazol-2-ylcarbamate ≥ 980 g/kgRelevant impurities
 2-amino-3-hydroxyphenazine (AHP): not more than 0,0005 g/kg
 2,3-diaminophenazine (DAP): not more than 0,003 g/kg 1 June 2011 30 November 2014 
PART A Only uses as fungicide on the following crops may be authorised:

— cereals,
— rape seed,
— sugar and fodder beet,
— maize,
at rates not exceeding:

— 0,25 kg active substance per hectare per application for cereals and rape seed,
— 0,075 kg active substance per hectare per application for sugar and fodder beet,
— 0,1 kg active substance per hectare per application for maize.
The following uses must not be authorised:

— air application,
— knapsack and handheld applications neither by amateur nor by professional users,
— home gardening.
Member States shall ensure that all appropriate risk mitigation measures are applied. Particular attention must be paid to the protection of:

— aquatic organisms. Appropriate drift mitigation measures must be applied to minimise the exposure of surface water bodies. This should include keeping a distance between treated areas and surface water bodies alone or in combination with the use of drift-reducing techniques or devices,
— earthworms and other soil macro-organisms. Conditions of authorisation shall include risk mitigation measures, such as the selection of the most appropriate combination of numbers and timing of application, and, if necessary, the degree of concentration of the active substance,
— birds (long-term risk). Depending on the results of the risk assessment for specific uses, targeted mitigation measures to minimise the exposure may become necessary,
— operators, who must wear suitable protective clothing, in particular gloves, coveralls, rubber boots and face protection or safety glasses during mixing, loading, application and cleaning of the equipment, unless the exposure to the substance is adequately precluded by the design and construction of the equipment itself or by the mounting of specific protective components on such equipment.

PART B For the implementation of the uniform principles of Annex VI, the conclusions of the review report on carbendazim, and in particular Appendices I and II thereof, shall be taken into account.
The Member States concerned shall request that the applicant provides the following to the Commission:

— by 1 December 2011 at the latest, information as regards the toxicological and ecotoxicological relevance of the impurity AEF037197,
— by 1 June 2012 at the latest, the examination of the studies included in the list in the draft re-assessment report of 16 July 2009 (Volume 1, Level 4 “Further information”, pp. 155-157),
— by 1 June 2013 at the latest, information on the fate and behaviour (route of aerobic degradation in soil) and the long-term risk to birds.’


