COMMISSION REGULATION (EU) …/…
of XXX
amending Annex III to Regulation (EC) 1107/2009 of the European Parliament and of the Council listing co-formulants which are not accepted for inclusion in plant protection products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC 1 , and in particular Article 27(2) and Article 78(2) thereof,
Whereas:
(1)Co-formulants are described in Article 2(3)(c) of Regulation (EC) No 1107/2009 as substances or preparations which are used or intended to be used in a plant protection product or adjuvant, but are neither active substances nor safeners nor synergists.
(2)Co-formulants are unacceptable in plant protection products if their residues, consequent on application consistent with good plant protection practice, and having regard to realistic conditions of use, have a harmful effect on human or animal health or on groundwater or an unacceptable effect on the environment. Co-formulants are also unacceptable in plant protection products if their use, consequent on application consistent with good plant protection practice, and having regard to realistic conditions of use, have a harmful effect on human or animal health or have an unacceptable effect on plants, plant protection products or the environment. Such unacceptable co‑formulants are to be listed in Annex III to Regulation (EC) No 1107/2009.
(3)Co-formulants are substances or preparations used together with active substances in plant protection products and are thus equally spread in the environment. Therefore, the criteria concerning human health, the environment, ecotoxicity and groundwater, provided for by points 3.6, 3.7, 3.8 and 3.10 of Annex II to Regulation (EC) No 1107/2009, should also be relevant to identify unacceptable co-formulants.
(4)The list of unacceptable co-formulants thus should include substances with a harmonised classification as carcinogens, category 1A or 1B, as cell mutagens, category 1A or 1B, or as toxic to reproduction, category 1A or 1B, in accordance with Annex VI to Regulation (EC) No 1272/2008 2 .
(5)The list of unacceptable co-formulants should further include substances identified as persistent, bioaccumulative and toxic (PBT) or very persistent and very bioaccumulative (vPvB) in accordance with points (d) and (e) of Article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council 3 .
(6)The list of unacceptable co-formulants should also include substances of very high concern due to endocrine disrupting properties in accordance with point (f) of Article 57 of Regulation (EC) No 1907/2006 or substances identified as endocrine disruptors under Regulation (EC) No 528/2012 4 concerning the making available on the market and use of biocidal products or substances identified as persistent organic pollutants (POP) under Regulation (EC) No 850/2004 5 .
(7)Regulation (EC) No 1907/2006 sets out restrictions for certain dangerous substances in its Annex XVII. Where the use of those substances is subject to restrictions as co‑formulants in plant protection products, they should be added to that list of co‑formulants in Annex III to Regulation (EC) No 1107/2009.
(8)Member States have identified unacceptable co-formulants for plant protection products under Council Directive 91/414/EEC 6 and under Article 81 of Regulation (EC) No 1107/2009. Such co-formulants have been notified by Austria, Belgium, France, Germany, Italy, Lithuania, Spain and Norway. Amongst those co-formulants, those with a harmonised classification as carcinogens, category 1A or 1B, as cell mutagens, category 1A or 1B, or as toxic to reproduction, category 1A or 1B, in accordance with Annex VI to Regulation (EC) No 1272/2008, those identified as PBT or vPvB according to points (d) and (e) of Article 57 of Regulation (EC) No 1907/2006, those identified as substances of very high concern due to endocrine disrupting properties in accordance with point (f) of Article 57 of Regulation (EC) No 1907/2006, and those identified as POP under Regulation (EC) No 850/2004 should be listed in Annex III to Regulation (EC) No 1107/2009.
(9)The use of POE tallowamines (CAS No 61791-26-2) in plant protection products containing glyphosate was prohibited by Commission Implementing Regulation (EU) 2016/1313 7 , as concerns were identified in relation to the toxicity of POE tallowamines and their potential to negatively affect human health. Given that those concerns are due to the intrinsic properties of the substances concerned and are thus not limited to formulated products containing glyphosate but are equally valid for formulated products containing other active substances, POE tallowamines should also be added to that list of co-formulants in Annex III to Regulation (EC) No 1107/2009.
(10)The use of PHMB (1600; 1.8), CAS number 27083-27-8 and 32289-58-0, and PHMB (1415; 4.7), CAS number 32289-58-0 and 1802181-67-4, as in-can preservatives in plant protection products would lead to unacceptable effects on human health and in the environment. Commission Implementing Decisions (EU) 2016/109 8 and 2018/619 9 did not approve them as existing active substances for use in biocidal products for product-type 6 (in-can preservatives), amongst other product types due to unacceptable risks for human health and the environment. Therefore PHMB (1600; 1.8) and PHMB (1415; 4.7) should also be added to Annex III to Regulation (EC) No 1107/2009.
(11)Co-formulants to be listed in Annex III to Regulation (EC) No 1107/2009 may also be contained in adjuvants placed on the market. As detailed rules for the authorisation of adjuvants, in accordance with Article 58(2) of Regulation (EC) No 1107/2009, have not yet been established, Member States may continue to apply national provisions as regards adjuvants in accordance with Article 81(3) of that Regulation. As Regulation (EC) No 1107/2009 aims to prevent the placing on the market or use of adjuvants containing prohibited co-formulants, it is necessary to ensure that also adjuvants, to be mixed with plant protection products, do not contain any of those unacceptable co‑formulants.