Authorisation and placing on the market of plant protection products (pesticides)
Case 12/2013/MDC - Opened on Wednesday | 30 January 2013 - Decision on Thursday | 18 February 2016 - Institution concerned European Commission (Friendly solution)
1) The Commission adopted misleading 'review reports' and decisions concerning the active substances for certain pesticides approved through the process of resubmission set out in Regulation (EC) No 33/2008.
2)When evaluating the active substances for certain pesticides through the process of resubmission (Regulation (EC) No 33/2008), the Commission did not apply correctly the provisions of Article 5(1)(b) of Directive 91/414 (which is similar to Article 4(3) of Regulation (EC) No 1107/2009).
 Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I, OJ 2008 L15, p. 5.
 Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, OJ 1991 L 230, p. 1.
 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, OJ 2009 L 309, p. 1.
1) The Commission should reassess all the 'review reports' and decisions on active substances for pesticides which it adopted over the past few years and include in them all facts and information assessed by EFSA in relation to these substances, including those relating to missing data, unfinished risk assessments, and high risks assessed.
2)The Commission should properly assess whether the provisions of Article 5(1)(b) of Directive 91/414 (which is similar to Article 4(3) of Regulation (EC) No 1107/2009) are complied with and it should set up a verification system to check whether Member States adequately impose and enforce mitigation measures in order to guarantee that the risks for the environment are acceptable.