
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 June 2007 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 July 2007.
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 fenarimol as an active substance by 30 June 2007. By that date they shall in particular verify that the conditions in Annex I to that Directive relating to fenarimol 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.
2. By derogation from paragraph 1, for each authorised plant protection product containing fenarimol, 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 fenarimol. 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 for products containing fenarimol, where necessary, amend or withdraw the authorisation by 30 June 2008.
Article 4 
This Directive shall enter into force on 1 January 2007.
Article 5 
This Directive is addressed to the Member States.
Done at Brussels, 11 December 2006.
For the Commission
Markos KYPRIANOU
Member of the Commission
ANNEX

The following entries 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
‘148 FenarimolCAS No 60168-88-9 (unstated stereochemistry)CIPAC No 380 (±)-2,4′-dichloro-α-(pyrimidin-5-yl) benzhydryl alcohol 980 g/kg 1 January 2007 30 June 2008 
PART A Only uses as fungicide on the following crops may be authorised:

— Tomatoes,
— peppers in greenhouses,
— aubergines,
— cucumbers in greenhouses,
— melons,
— ornamentals, nursery trees and perennial plants,
at rates not exceeding

— 0,058 kg active substance per hectare per application for tomatoes in field and 0,072 kg active substance per hectare per application for tomatoes in greenhouses,
— 0,072 kg active substance per hectare per application for peppers,
— 0,038 kg active substance per hectare per application for aubergines,
— 0,048 kg active substance per hectare per application for cucumbers,
— 0,024 kg active substance per hectare per application for melons in field and 0,048 kg active substance per hectare per application for melons in greenhouse,
— 0,054 kg active substance per hectare per application for ornamentals, nursery trees and perennial plants in field and 0,042 kg active substance per hectare per application for ornamentals in greenhouses.
The following uses must not be authorised:

— air application,
— knapsack and hand-held applications by amateur 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. Where relevant, an appropriate distance must be kept between treated areas and surface water bodies. This distance may depend on the application or not of drift reducing techniques or devices,
— earthworms. Conditions of authorisation shall include risk mitigation measures, such as the selection of the most appropriate combination of numbers and timing of applications, rates of application, and, if necessary, the degree of concentration of the active substance,
— birds and mammals. Conditions of authorisation shall include risk mitigation measures, such as a judicious timing of the application and the selection of those formulations which, as a result of their physical presentation or the presence of agents that ensure an adequate avoidance, minimise the exposure of the concerned species,
— 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,
— workers, who must wear suitable protective clothing, in particular gloves, if they must enter a treated area before the specific re-entry period has expired.

PART B For the implementation of the uniform principles of Annex VI, the conclusions of the review report on fenarimol, and in particular Appendices I and II thereof, shall be taken into account.
Member States must ensure that the authorisation holders report at the latest on 31 December of each year on incidences of operator health problems. Member States may require that elements, such as sales data and a survey of use patterns, are provided so that a realistic picture of the use conditions and the possible toxicological impact of fenarimol can be obtained.
Member States shall request the submission of further studies to address the potential endocrine disrupting properties of fenarimol within two years after the adoption of the Test Guidelines on endocrine disruption by the Organisation for Economic Cooperation and Development (OECD). They shall ensure that the notifier at whose request fenarimol has been included in this Annex provide such studies to the Commission within two years of the adoption of the above test guidelines.’


