3.7.2012 Official Journal of the European Union L 173/3 REGULATIONS COMMISSION IMPLEMENTING REGULATION (EU) No 582/2012 of 2 July 2012 approving the active substance bifenthrin, 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 new application requesting the accelerated procedure to be applied, as provided for in Articles 14 to 19 of Regu- lation (EC) No 33/2008. Union, (4)  The application was submitted to France, which had been Having regard to Regulation (EC) No 1107/2009 of the designated rapporteur Member State by Regulation (EC) European Parliament and of the Council of 21 October 2009 No 1490/2002. The time period for the accelerated concerning the placing of plant protection products on the procedure was respected. The specification of the active market and repealing Council Directives 79/117/EEC and substance and the supported uses are the same as were 91/414/EEC ('), and in particular Article 13(2) and Article 78(2) the subject of Decision 2009/887/EC. That application thereof, also complies with the remaining substantive and procedural requirements of Article 15 of Regulation Whereas: (EC) No 33/2008. (1) In accordance with Article 80(1)(c) of Regulation (EC) No (5)  France evaluated the additional data submitted by the 1107/2009, Council Directive 91/414/EEC (?) is to apply applicant and prepared an additional report. It to active substances for which completeness has been communicated that report to the European Food Safety established in accordance with Article 16 of Commission Authority  (hereinafter ‘the Authority) and to the Regulation (EC) No 33/2008 of 17 January 2008 laying Commission on 6 August 2010. The Authority down detailed rules for the application of Council communicated the additional report to the other Directive 91/414/EEC as regards a regular and an accel- Member States and the applicant for comments and erated procedure for the assessment of active substances forwarded the comments it had received to the which were part of the programme of work referred to in Commission. In accordance with Article 20(1) of Regu- Article 8(2) of that Directive but have not been included lation (EC) No 33/2008 and at the request of the into its Annex I (), with respect to the procedure and the Commission, the Authority presented its conclusion on conditions for approval. Bifenthrin is an active substance bifenthrin to the Commission on 11 May 2011 (7). The for which completeness has been established in draft assessment report, the additional report and the accordance with that Regulation. conclusion of the Authority were reviewed by the Member States and the Commission within the o ) " Standing Committee on the Food Chain and Animal () Commission Regulations (EC) No 451 ,2000 () and (EC) Health and finalised on 1 June 2012 in the format of NO 1490/ 20_02 () lay down the deta1.led rules for the the Commission review report for bifenthrin. implementation of the second and third stages of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active (6)  The additional report by the rapporteur Member State substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list included  bifenthrin. By = Commission  Decision 2009/887[EC (%) it was decided not to include bifenthrin in Annex I to Directive 91/414/EEC. Pursuant to Article 6(2) of Directive 91/414/EEC the original notifier (hereinafter ‘the applicant) submitted a 309, 24.11.2009, p. 1. 230, 19.8.1991, p. 1. and the new conclusion by the Authority concentrate on the concerns that led to the non-inclusion. Those concerns were in particular the potential contamination of groundwater by a major soil degradation product (TFP acid), a possible underestimation of the risk to consumers, due to the limited number of residue data made available and the lack of investigation on the metabolism pattern of the two isomers constituting bifenthrin. As regards ecotoxicology, the risk for (7) European Food Safety Authority; ‘Conclusion on the peer review of () oL (® oL () OJ L 15, 18.1.2008, p. 5. the pesticide risk assessment of the active substance bifenthrin’. () OJ L 55, 29.2.2000, p. 25. EFSA Journal 2011:9(5):2159. 0:8(11): [101 pp.] doi:10.2903/ () OJ L 224, 21.8.2002, p. 23. j.efsa.2011.2159. Available online: www.efsa.europa.eufefsajournal. () OJ L 318, 4.12.2009, p. 41. htm