
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 2009 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 2009.
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 bifenox, diflufenican, fenoxaprop-P, fenpropidin and quinoclamine as active substances by 30 June 2009.By that date they shall in particular verify that the conditions in Annex I to that Directive relating to bifenox, diflufenican, fenoxaprop-P, fenpropidin and quinoclamine 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 bifenox, diflufenican, fenoxaprop-P, fenpropidin and quinoclamine 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 December 2008 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 bifenox, diflufenican, fenoxaprop-P, fenpropidin and quinoclamine 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 bifenox, diflufenican, fenoxaprop-P, fenpropidin and quinoclamine as the only active substance, where necessary, amend or withdraw the authorisation by 31 December 2012 at the latest; or
(b) in the case of a product containing bifenox, diflufenican, fenoxaprop-P, fenpropidin and quinoclamine as one of several active substances, where necessary, amend or withdraw the authorisation by 31 December 2012 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 January 2009.
Article 5 
This Directive is addressed to the Member States.
Done at Brussels, 30 June 2008.
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/ECC:

No Common name, identification numbers IUPAC name Purity Entry into force Expiration of inclusion Specific provisions
‘186 BifenoxCAS No 42576-02-3CIPAC No 413 Methyl 5-(2,4-dichlorophenoxy)-2-nitrobenzoate ≥ 970 g/kg impurities:
 max. 3 g/kg 2,4-dichlorophenol
 max. 6 g/kg 2,4-dichloroanisole 1 January 2009 31 December 2018 
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 bifenox, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 14 March 2008 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,
— the dietary exposure of consumers to bifenox residues in products of animal origin and in succeeding rotational crops.
The Member States concerned shall request the submission of:

— information on residues of bifenox and its metabolite hydroxy bifenox acid in food of animal origin and on residues of bifenox in rotational crops,
— information to further address the long-term risk to herbivorous mammals arising from the use of bifenox.
They shall ensure that the notifier provides such confirmatory data and information to the Commission within two years from the entry into force of this Directive.

187 DiflufenicanCAS No 83164-33-4CIPAC No 462 2′,4′-difluoro-2-(α,α,α-trifluoro-m-tolyloxy) nicotinanilide ≥ 970 g/kg 1 January 2009 31 December 2018 
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 diflufenican, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 14 March 2008 shall be taken into account.
In this overall assessment Member States must pay particular attention to:

— the protection of aquatic organisms. Risk mitigation measures such as buffer zones shall be applied, where appropriate,
— the protection of non-target plants. Risk mitigation measures such as an in-field no spray buffer zones shall be applied, where appropriate.

188 Fenoxaprop-PCAS No 113158-40-0CIPAC No 484 (R)-2[4-[(6-chloro-2-benzoxazolyl)oxy]-phenoxy]-propanoic acid ≥ 920 g/kg 1 January 2009 31 December 2018 
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 fenoxaprop-P, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 14 March 2008 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 non target plants,
— the presence of the safener mefenpyr-diethyl in formulated products as regards operator, worker and bystander exposure,
— the persistence of the substance and of some of its degradation products in colder zones and areas where anaerobic conditions may occur.
Conditions of authorisation should include risk mitigation measures, where appropriate.

189 FenpropidinCAS No 67306-00-7CIPAC No 520 (R,S)-1-[3-(4-tert-butylphenyl)-2-methylpropyl]-piperidine ≥ 960 g/kg (racemate) 1 January 2009 31 December 2018 
PART A Only uses as fungicide may be authorised.

PART B For the implementation of the uniform principles of Annex VI, the conclusions of the review report on fenpropidin, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 14 March 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 the conditions of authorisation include, where appropriate, risk mitigation measures such as buffer zone.
The Member States concerned shall request the submission of:

— information to further address the long-term risk to herbivorous and insectivorous birds arising from the use of fenpropidin.
They shall ensure that the notifier provides such confirmatory data and information to the Commission within two years from the entry into force of this Directive.

190 QuinoclamineCAS No 2797-51-5CIPAC No 648 2-amino-3-chloro-1,4-naphthoquinone ≥ 965 g/kg impurity:dichlone (2,3-dichloro-1,4-naphthoquinone) max. 15 g/kg 1 January 2009 31 December 2018 
PART A Only uses as herbicide may be authorised.

PART B In assessing applications to authorise plant protection products containing quinoclamine for uses other than ornamentals or nursery plants, 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 quinoclamine, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 14 March 2008 shall be taken into account.
In this overall assessment Member States must pay particular attention to:

— the operator, worker and bystander safety and ensure that conditions of use prescribe the application of adequate personal protective equipment,
— the protection of aquatic organisms,
— the protection of birds and small mammals.
Conditions of use shall include adequate risk mitigation measures, where appropriate.


