
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 bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 September 2010 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
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 
This Directive shall enter into force on 1 May 2010.
Article 4 
This Directive is addressed to the Member States.
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
 ‘MalathionCAS No: 121-75-5CIPAC No: 12 diethyl (dimethoxyphosphinothioylthio)succinateorS-1,2-bis(ethoxycarbonyl)ethyl O,O-dimethyl phosphorodithioateracemate ≥ 950 g/kgImpurities:Isomalathion: not more than 2 g/kg 1 May 2010 30 April 2020 
PART A Only uses as insecticide may be authorised. Authorisations shall be limited to professional users.

PART B For the implementation of the uniform principles of Annex VI, the conclusions of the review report on malathion, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 22 January 2010 shall be taken into account.
In this overall assessment Member States shall pay particular attention to:

— the operator and worker safety: conditions of use shall prescribe the use of adequate personal protective equipment;
— the protection of aquatic organisms: conditions of authorisation shall include risk mitigation measures, where appropriate, such as adequate buffer zones;
— the protection of insectivorous birds and honey bees: conditions of authorisation shall include risk mitigation measures, where appropriate. As regards bees, the necessary indications shall be provided on the labelling and the accompanying instructions as to avoid exposure.
Member States shall ensure that malathion-based formulations are accompanied by the necessary instructions to avoid any risk of formation of isomalathion in excess of the permitted maximum quantities during storage and transport.
Where appropriate, conditions of authorisation shall include further risk mitigation measures.
The Member States concerned shall ensure that the notifier presents to the Commission:

— information confirming the consumer risk assessment and the acute and long-term risk assessment for insectivorous birds;
— information on the quantification of the different potency of malaoxon and malathion.’


