24.11.2009 Official Journal of the European Union L 309/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS 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 THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37(2), Article 95 and Article 152(4)(b) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Having regard to the opinion of the Committee of the Regions (3), Acting in accordance with the procedure laid down in Article 251 of the Treaty (%), Whereas: (1) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (¥} provides for rules governing plant protection products and the active substances contained in those products. (2)  Following the progress report presented by the Commission under Directive 91/414/EEC, the European () O] C 175, 27.7.2007, p. 44. () O] C 146, 30.6.2007, p. 48. (®) Opinion of the European Parliament of 23 October 2007 (O] C 263 E, 16.10.2008, p. 181), Council Common Position of 15 September 2008 (O] C 266 E, 21.10.2008, p. 1) and European Parliament Position of 13 January 2009 (not yet published in the Official Journal). Council Decision of 24 September 2009. (*) OJ L 230, 19.8.1991, p. 1. () ©) Parliament by its Resolution of 30 May 2002 (°) and the Council in its Conclusions of 12 December 2001 asked the Commission to review Directive 91/414/EEC and identified a number of issues for the Commission to address. In the light of the experience gained from the application of Directive 91/414/EEC and of recent scientific and technical developments, that Directive should be replaced. By way of simplification, the new act should also repeal Council Directive 79/117[/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection  products  containing  certain  active substances (9). To simplify application of the new act and to ensure consistency throughout the Member States, it should take the form of a Regulation. Plant production has a very important place in the Community. One of the most important ways of protecting plants and plant products against harmful organisms, including weeds, and of improving agri- cultural production is the use of plant protection products. Plant protection products can however also have non- beneficial effects on plant production. Their use may involve risks and hazards for humans, animals and the environment, especially if placed on the market without having been officially tested and authorised and if incorrectly used. 0] C 187 E, 7.8.2003, p. 173. oJ L 33, 8.2.1979, p. 36.