(1)

Commission Directive 2010/86/EU (2) included haloxyfop-P as active substance in Annex I to Council Directive 91/414/EEC (3) under the condition that the Member States concerned ensure that the notifier at whose request haloxyfop-P was included in that Annex provides further confirmatory information on the risk for groundwater contamination by its soil metabolites.

(2)

Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (4).

(3)

The notifier submitted additional information taking the form of studies with a view to confirm the risk assessment for groundwater to the rapporteur Member State Austria within the time period provided for its submission.

(4)

Austria assessed the additional information submitted by the notifier. It submitted its assessment, in the form of an addendum to the draft assessment report, to the other Member States, the Commission and the European Food Safety Authority, hereinafter ‘the Authority’, on 15 October 2013.

(5)

The Commission consulted the Authority which presented its opinion on the risk assessment of haloxyfop-P on 28 November 2014 (5).

(6)

The Commission considered that the additional information provided by the notifier demonstrated that metabolite DE-535 pyridinone must be considered to be toxicologically relevant and, as a consequence, should not occur in concentrations above the regulatory limit for groundwater of 0,1 μg/l.

(7)

The Commission invited the notifier to submit its comments on the review report for haloxyfop-P.

(8)

The Commission has concluded that the further confirmatory information required has not fully been provided and that an unacceptable risk for groundwater cannot be excluded except by imposing further restrictions.

(9)

It is confirmed that the active substance haloxyfop-P is to be deemed to have been approved under Regulation (EC) No 1107/2009. In order to preclude the occurrence of that metabolite in groundwater in excess of the above limit referred to in recital 6, it is, however, appropriate to amend the conditions of use of this active substance, in particular by setting limits to the rates and frequency of its application.

(10)

The Annex to Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

(11)

Member States should be provided with time to amend or withdraw authorisations for plant protection products containing haloxyfop-P.

(12)

For plant protection products containing haloxyfop-P, where Member States grant any grace period in accordance with Article 46 of Regulation (EC) No 1107/2009, this period should expire at the latest 18 months after the entry into force of this Regulation.

(13)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,