SHORT REPORT OF THE MEETING OF THE STANDING COMMITTEE ON PLANT HEALTH HELD ON 29 JUNE 2001 IN STOCKHOLM

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1 SCPH 3/01 SHORT REPORT OF THE MEETING OF THE STANDING COMMITTEE ON PLANT HEALTH HELD ON 29 JUNE 2001 IN STOCKHOLM President : G. Del Bino All Member States were present. 1 Examination and possible vote on a draft Commission Decision recognising the completeness of the dossier submitted for detailed examination with a view to the possible inclusion of pethoxamid in Annex I to Council Directive 91/414/EEC (Sanco/1120/2001 rev1). Vote : favourable opinion by qualified majority (3 votes abstain). 2 Examination and possible vote on a draft Commission Directive concerning the inclusion of Cyclanilide in Annex 1 to Council Directive 91/414/EEC (Sanco/1285/2000 rev. 6). Commission: At the adoption of the Uniform Principles by Council in 1997, the Council and Commission agreed to the following declaration: The Council and the Commission note that application of this Directive is without prejudice to the legislation in force concerning the protection of workers. The Council and the Commission state that this principle will be unequivocally clarified in Directive 91/414/EEC on the occasion of the first amendment of that Directive. The Commission intends to submit a proposal for such amendment within one year from the date of notification of this Directive. The Commission can for its part confirm its agreement with this declaration (subject to adequate adaptation of the deadline in the declaration). The Commission presented the draft Diretive. Vote : unanimous favourable opinion 3 Examination and possible vote on a draft Commission Directive concerning the inclusion of Pymetrozine in Annex 1 to Council Directive 91/414/EEC (Sanco/1523/2001 rev. 5). The Netherlands: The Dutch delegation is of the opinion that the aged residue study of pymethrozine gives rise to different interpretations with regard to the derivation of K OC values for metabolites. Therefore, in the national evaluation The Netherlands have asked for adsorption studies with the individual metabolites for the assessment of the leaching potential.

2 4 Examination and possible vote on a draft Commission Directive concerning the inclusion of Acibenzolar in Annex 1 to Council Directive 91/414/EEC (Sanco/1945/2000 rev. 7 The Netherlands: The Dutch delegation is of the opinion that during the process of authorisation the results of the dermal penetration study of acibenzolar-s-methyl should be interpreted in the light of the forthcoming guidance document on dermal absorption. This declaratin was supported by Denmark. 5 Examination and possible vote on a draft Commission Directive concerning the inclusion of Pyraflufen in Annex 1 to Council Directive 91/414/EEC (Sanco/1524/2001 rev. 6). 6 Examination and possible vote on a draft Commission Directive concerning the inclusion of Ferric Phosphate in Annex 1 to Council Directive 91/414/EEC (Sanco/1792/2001 rev. 5). 7 Examination and possible vote on a draft Commission Directive concerning the inclusion of Glyphosate in Annex 1 to Council Directive 91/414/EEC (Sanco/1786/2001 rev2). France, supported by several other Member States: The situation of Glyphosate is very specific, regarding data protection. Numerous companies used public information to describe the identity of their source product, and to commercialise preparations. This competition today drives some notifiers to take legal action concerning national and European data regulation. Therefore, the Appendix III is considered as a major background document and France would have preferred its updating before an opinion on the Directive for inclusion in Annex I is made by the Standing Committee for Plant Health. However, we recognise that the glyphosate case is a very tough one, and understand that the elaboration of Appendix III needs more time than with other active substances. 2

3 Nevertheless, we strongly recommend that the Commission should provide this essential element as soon as possible. Commission: The Commission undertakes to ensure that the Appendix III is updated without delay and further undertakes to invite the Standing Committee at a later stage to take note of the updated Appendix III. Germany declares that it will continue to support the Commission in the preparation of the Appendix III. The Netherlands: The Dutch delegation is of the opinion that during the process of authorisation the results of the dermal penetration studies of glyphosate and glyphosate trimesium should be interpreted in the light of the forthcoming guidance document on dermal absorption. Sweden: The uses of glyphosate for preharvest application in cereals and for aquatic use are not, and have never been allowed in Sweden. These uses have been considered not to be in line with the national risk reduction policy on pesticides, with regard to consumer safety, and to the principles of integrated pest management, respectively. Sweden intends to maintain these restrictions. The main purpose of the restrictions on preharvest use is to prevent an unnecessary increased dietary exposure for consumers. 8 Examination and possible vote on a draft Commission Directive concerning the inclusion of Thifensulfuron-methyl in Annex 1 to Council Directive 91/414/EEC (Sanco/1787/2001 rev. 3). 9 Examination and possible vote on a draft Commission Decision concerning the decision on the possible inclusion of certain active substances into Annex I to Council Directive 91/414/EEC (Sanco/1759/2001 rev3). Vote : unanimous favourable opinion. 10 Examination of notifications submitted under the third stage of the work programme under Commission Regulation 451/2000/EC. The SCP took note of the report. 11 Other business 11.1 Funding by the Commission of one participant only to the workgroup meetings of the Standing Committee. Portugal notes that this rule discriminates distant Member States because of high travel costs. The president notes that the decision concerning the funding of participation is a new rule, which is applied generally. He agrees that the expertise to be provided to 3

4 this Committee could justify a derogation from this rule and informs delegations that work is ongoing to achieve such a derogation, which has to be on a case-bycase basis. This will hopefully already be possible for the next meeting of the Committee and in particular for the Working Group Evaluation of the Committee Withdrawal of authorisations for Esfenvalerate in Denmark. The Commission has been informed by a notifier that Denmark intends to withdraw authorisations of esfenvalerate by July A decision on inclusion of esfenvalerate was taken by the Standing Committee on 23 October 2000 and on August this inclusion in Annex I of esfenvalerate will enter into force. Taking such legal action shortly before the entry into force of an already adopted Directive seems unusual in view of Article 10 of the treaty. Denmark notes that the decision was based on a review of a product authorised in Denmark and in particular a risk assessment to aquatic organisms. Denmark does not consider risk mitigation measures would be extensive enough to protect surface water bodies. Denmark reached this decision formally on national rules in the absence of Community legislation in force and notes that the same decision would also have been reached on the basis of the Directive to include esfenvalerate in Annex I : Denmark used the agreed endpoints from the Review Report on esfenvalerate to reach this decision. The decision was based on higher tier studies, for which no strict guidance is provided in the uniform principles. Denmark notes that he decision was not based on any special or accelerated procedure and the treatment was equitable with that of any other product Intentions of the Commission with regard to substances not defended in the second and third stage of the review programme. The Commission observes that the further approach will depend also from the reaction of Parliament and Council to the report to be submitted by July 28, A detailed discussion of this question should therefore be postponed. The measures on which the Committee has given its opinion are subject to the appropriate procedures for formal adoption by the Commission. Alejandro CHECCHI LANG Director 4

5 List of participants Comité Comité phytosanitaire - legislation Date: 29 June 2001 Etat Membre Ministère ou Organisme Nombre de personnes BE Ministry of Agriculture 1 DK Ministry of Environment and Energy 1 DE Bundesministerium für Verbraucherschutz, Ernährung und Landwirtschaft EL Ministry of Agriculture 1 ES Ministerio Agricultura 1 FR Ministry of Agriculture 2 IRL Pesticide Control Service 1 IT Ministero della Sanita 1 L Ministere de l agriculture ASTA 1 NL Ministerie van VROM 1 A Ministerie van LNV 1 Bundesminsterium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft PT Ministry of Agriculture 1 FIN Plant Protection Inspection Centre 1 SV National Chemicals Inspection 4 UK Pesticides Safety Directorate 2 COM 6 N Norwegian Agricultural Inspection Service

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