
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 28 February 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 March 2011.
When Member States adopt those provisions, they shall contain a reference to this Directive or shall 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 sulfuryl fluoride as active substance by 28 February 2011. By that date, they shall in particular verify that the conditions in Annex I to that Directive relating to sulfuryl fluoride are met, with the exception of those identified in part B of the entry concerning the 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) of that Directive.
2. By way of derogation from paragraph 1, for each authorised plant protection product containing sulfuryl fluoride 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 August 2010 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 sulfuryl fluoride. 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 sulfuryl fluoride as the only active substance, where necessary, amend or withdraw the authorisation by 29 February 2012 at the latest; or
(b) in the case of a product containing sulfuryl fluoride as one of several active substances, where necessary, amend or withdraw the authorisation by 29 February 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 September 2010.
Article 5 
This Directive is addressed to the Member States.
Done at Brussels, 18 June 2010.
For the Commission
The President
José Manuel BARROSO
ANNEX

In Annex I to Directive 91/414/EEC, the following entry is added at the end of the table:

No Common Name, Identification Numbers IUPAC Name Purity Entry into force Expiration of inclusion Specific provisions
‘311 Sulfuryl fluorideCAS No 002699-79-8CIPAC No 757 Sulfuryl fluoride > 994 g/kg 1 November 2010 31 October 2020 
PART A Only uses as insecticide/nematicide (fumigant) applied by professional users in sealable structures

((a)) which are empty; or
((b)) where conditions of use ensure that consumer exposure is acceptable;
may be authorised.

PART B For the implementation of the uniform principles of Annex VI, the conclusions of the review report on sulfuryl fluoride, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 11 May 2010 shall be taken into account.
In this overall assessment, Member States must pay particular attention to:

— the risk posed by inorganic fluoride through contaminated products, such as flour and bran that remained in the mill machinery during fumigation, or grain stored in silos in the mill. Measures are required to ensure that such products do not enter the food and feed chain,
— the risk to operators and the risk to workers, such as when re-entering a fumigated structure after aeration. Measures are required to ensure that they wear self containing breathing apparatus or other appropriate personal protective equipment,
— the risk to bystanders by applying an appropriate exclusion zone around the fumigated structure.
Conditions of authorisation shall include risk mitigation measures, where appropriate.
The Member States concerned shall ensure that the notifier submits to the Commission further information and in particular, confirmatory data on:

— the mill processing conditions necessary to ensure that residues of fluoride ion in flour, bran and grain do not exceed the natural background levels,
— tropospheric concentrations of sulfuryl fluoride. Measured concentrations should be updated regularly. The limit of detection for the analysis shall be at least 0,5 ppt (equivalent to 2,1 ng sulfuryl fluoride/m3 of tropospheric air),
— estimates of sulfuryl fluoride atmospheric lifetime based on worst case scenario, with respect to the global warming potential (GWP).
They shall ensure that the notifier provides such information to the Commission by 31 August 2012.’

