12.8.2011 Official Journal of the European Union L 2077 COMMISSION IMPLEMENTING REGULATION (EU) No 810/2011 of 11 August 2011 approving the active substance kresoxim-methyl, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to 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 (1), and in particular Articles 13(2) and 78(2) thereof, Whereas: 1 In accordance with Article 80(1)(b) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (?) is to apply to active substances listed in Annex I to Commission Regulation (EC) No 737/2007 of 27 June 2007 on laying down the procedure of the renewal of the inclusion of a first group of active substances in Annex I to Council Directive 91/414/EEC and establishing the list of those substances (}), with respect to the procedure and the conditions for approval. Kresoxim-methyl is listed in Annex I to Regulation (EC) No 737/2007. The approval of kresoxim-methyl, as set out in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (¥, expires on 31 December 2011. A notifi- cation was submitted in accordance with Article 4 of Regulation (EC) No 737/2007 for the renewal of the inclusion of kresoxim-methyl in Annex I to Directive 91/414/EEC within the time period provided for in that Article. That notification was found to be admissible by Commission Decision 2008/656/EC of 28 July 2008 on the admissibility of the notifications concerning the renewal of the inclusion in Annex I to Council Directive 91/414[/EEC of the active substances azimsulfuron, azoxystrobin, fluroxypyr, imazalil, kresoxim-methyl, prohexadione and spiroxamine, and establishing the list of the notifiers concerned (%). 309, 24.11.2009, p. 1. 230, 19.8.1991, p. 1. 153, 11.6.2011, p. 1. 214, 9.8.2008, p. 70. () oL (oL () O] L 169, 29.6.2007, p. 10. () oL () oL ) Within the time period provided for in Article 6 of Regulation (EC) No 737/2007, the notifier submitted the data required in accordance with that Article together with an explanation as regards the relevance of each new study submitted. The rapporteur Member State prepared an assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority  (hereinafter ‘the  Authority) and the Commission. In addition to the assessment of the active substance, that report includes a list of the studies the rapporteur Member State relied on for its assessment. The Authority communicated the assessment report to the notifier and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the assessment report available to the public. At the request of the Commission, the assessment report was peer reviewed by the Member States and the Authority. The Authority presented its conclusion on the peer review of the risk assessment of kresoxim- methyl () to the Commission. The assessment report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 17 June 2011 in the format of the Commission review report for kresoxim-methyl. It has appeared from the various examinations made that plant protection products containing kresoxim-methyl may be expected to continue to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular as regards the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve kresoxim-methyl. In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions not provided for in the first inclusion in Annex [ to Directive 91/414/EEC. (°) European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance kresoxim- methyl. EFSA Journal 2010;8(11):1891. [88 pp.]. doi:10.2903/ j.efsa.2010.1891. Available online: www.efsa.europa.eu/efsajournal.