
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 December 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 January 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 2-phenylphenol as active substances by 31 December 2010.By that date they shall in particular verify that the conditions in Annex I to that Directive relating to 2-phenylphenol are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holders of the authorisations have, or have access to, dossiers 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 2-phenylphenol 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 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 2-phenylphenol. 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 2-phenylphenol as the only active substance, where necessary, amend or withdraw the authorisation by 31 December 2014 at the latest; or
(b) in the case of a product containing 2-phenylphenol as one of several active substances, where necessary, amend or withdraw the authorisation by 31 December 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 January 2010.
Article 5 
This Directive is addressed to the Member States.
Done at Brussels, 17 December 2009.
For the Commission
The President
José Manuel BARROSO
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
‘305 2-phenylphenol (including its salts such as the sodium salt)CAS No 90-43-7CIPAC No 246 biphenyl-2-ol ≥ 998 g/kg 1 January 2010 31 December 2019 
PART A Only uses as a post-harvest fungicide for indoor use in closed drench chambers may be authorised.

PART B For the implementation of the uniform principles of Annex VI, the conclusions of the review report on 2-phenylphenol, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 27 November 2009 shall be taken into account.
In this overall assessment Member States must pay particular attention to put in place appropriate waste management practices to handle the waste solution remaining after application, including the cleaning water of the drenching system. Member States permitting the release of waste water into the sewage system shall ensure that a local risk assessment is carried out.
The Member States concerned shall ensure that the notifier submits to the Commission further information on the potential for skin depigmentation for workers and consumers due to possible exposure to the metabolite 2-phenylhydroquinone (PHQ) on citrus peel.
They shall ensure that the notifier provides such information to the Commission by 31 December 2011.
The Member States concerned shall ensure that the notifier submits to the Commission further information to confirm that the analytical method applied in residue trials correctly quantifies the residues of 2-phenylphenol, PHQ and their conjugates.
They shall ensure that the notifier provides such information to the Commission by 31 December 2011.’


