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Commission Regulation (EU) 2021/383: Forbidden co-formulants on Plant Protection Products

Commission Regulation (EU) 2021/383: Forbidden co-formulants on Plant Protection Products

According to Regulation (EC) No 1107/2009, co-formulants are described 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 or synergists. Because they are thus equally spread in the environment, it has been agreed that the criteria concerning human health, the environment, ecotoxicity and groundwater should also be relevant to identify unacceptable co-formulants.

Co-formulants are unacceptable in plant protection products if their residues and/or 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 on groundwater or an unacceptable effect on the environment.

The list of unacceptable co-formulants thus should include substances:

  • with a harmonised classification as carcinogens, category 1A or 1B, as mutagens, category 1A or 1B, or as toxic to reproduction, category 1A or 1B;
  • identified as persistent, bioaccumulative and toxic (‘PBT’) or very persistent and very bioaccumulative (‘vPvB’) or persistent organic pollutants (‘POP’) and;
  • of very high concern due to endocrine disrupting properties.

Where the use of those substances is subject to restrictions as co-formulants in plant protection products, they should be added to the list of co-formulants in Annex III to Regulation (EC) No 1107/2009. The current list has been created thanks to the notifications done by Austria, Belgium, France, Germany, Italy, Lithuania, Spain and Norway.

Member States should be provided with sufficient time to review the composition of the plant protection products and adjuvants currently authorised in their territory and to withdraw or amend authorisations for plant protection products and adjuvants containing those co-formulants.

Member States which have granted authorisations for plant protection products or adjuvants containing co-formulants listed in Annex III to Regulation (EC) No 1107/2009, as amended by this Regulation, shall amend or withdraw those authorisations as soon as possible but no later than 24 March 2023.

For further information on this matter, please contact us.

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