This draft Commission Implementing Regulation provides that the approval of the active substance cypermethrin is renewed in accordance with Regulation (EC) No 1107/2009. It is however, necessary to include certain conditions and restrictions for spray applications outdoors to ensure the required protection level for aquatic organisms and non-targeted arthropods including bees is met.
Existing authorised plant protection products containing cypermethrin will be reviewed in accordance with the conditions and restrictions set in this act. The conditions and restrictions are based on the first evaluation of the substance for use as a pesticide active substance in the European Union under Regulation (EC) No 1107/2009. The substance was formerly approved under Directive 91/414/EEC.
In order for an active substance to be approved in accordance with Regulation (EC) No 1107/2009 (concerning the placing of plant protection products on the market), it must be demonstrated that the substance is not harmful to human health, animal health or the environment. Criteria are listed in Article 4 of the Regulation (and also detailed in Annex II thereto) which must be met to enable approval.
During the evaluation and peer-review of cypermethrin, a number of concerns and areas that could not be finalised were identified. These are detailed in the conclusion of the European Food Safety Authority (EFSA). In its Statement on risk mitigation measures on cypermethrin published on 4 October 2019, EFSA presented the levels of the necessary drift reduction and the measures that would be needed to demonstrate low risk to the nontarget organisms, in particular aquatic organisms and non-target arthropods, including bees.
This means that cypermethrin meets the approval criteria as outlined in Regulation (EC) No 1107/2009 only if appropriate mitigation measures to ensure the required protection level for aquatic organisms, non-targeted arthropods including bees are put in place for spray applications outdoors.
Existing authorisations will need to be amended or withdrawn following renewal of authorisation in accordance with Article 43 of Regulation (EC) No 1107/2009.
This decision only concerns the placing on the market of this substance and does not affect the Maximum Residue Levels (MRLs) for residues of the concerned active substance. Any action on MRLs will be subject to notification under the SPS procedure.
This draft Commission Implementing Regulation was also notified under the TBT Agreement in notice G/TBT/N/EU/825.
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