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European Union - Final Regulatory Action
Chlorates CAS number:
10326-21-3, 3811-04-9, 7775-09-9
Date circular:
12/12/2013

Chemical name: Chlorates

Final regulatory action has been taken for the category: Pesticide

Final regulatory action: The chemical is Banned

Use or uses prohibited by the final regulatory action:

All applications as a plant protection product.

Pesticide use or uses that remain allowed:

Not relevant.

The final regulatory action was based on a risk or hazard evaluation: Yes

Summary of the final regulatory action:

It is prohibited to place on the market or use plant protection products containing chlorate. Chlorate is not included in the list of approved active substances under Regulation (EC) No. 1107/2009 concerning the placing of plant protection products on the market, which replaces Directive 91/414/EEC.
As of 18 November 2008 no authorisations for plant protection products containing chlorate were allowed to be granted or renewed by the Member States and all uses of plant protection products containing chlorate were prohibited as of 10 May 2010 at the latest.

The reasons for the final regulatory action were relevant to: Human health and environment

Summary of known hazards and risks to human health:

It was concluded that it was not demonstrated that it may be expected that plant protection products containing chlorate (including Mg, Na, K chlorates) satisfy in general the requirements laid down in Article 5 (1) (a) and (b) of Directive 91/414/EEC.
The evaluation raised concerns about the potential harmful effects on human health with regard to the unacceptable exposure of operators. Besides, information was considered insufficient to establish a definitive AOEL.
With regard to the assessment of the operator risk for non-professional applicators applying the product after dilution with water and use of a water can or pre-pressure manual sprayer, the Draft Assessment Report mentions that, considering the provisional AOEL and dermal absorption rate, an application rate of 250 kg/ha, 1000 l/ha, a treatment surface of 100 m2 and a treatment time of 0.5 h, the estimation of the exposure is higher than the AOEL in the UK-POEM model, but can be acceptable for the operator (52% of AOEL) in the BBA model, with gloves during mixing/loading step.

Expected effect of the final regulatory action in relation to human health:

Reduction of risk from the use of plant protection products containing chlorates.

Summary of known hazards and risks to the environment:

It was concluded that it was not demonstrated that it may be expected that plant protection products containing chlorate (including Mg, Na, K chlorates) satisfy in general the requirements laid down in Article 5 (1) (a) and (b) of Directive 91/414/EEC.
The evaluation identified the need for further data to assess the leaching of a relevant metabolite of chlorate to groundwater. The Draft Assessment Report mentions that the potential lixiviation to groundwater was not provided by the notifier. It was requested to perform a lysimeter study, considering the potential lixiviation of sodium chlorate, chlorite and chloride (the concentration of chloride in drinking water should not exceed the indicative value of 250 mg/l-1 according to Council Directive 98/83/EC on the quality of water intended for human consumption). Furthermore it was mentioned that the route and rate of degradation of sodium chlorate in water and water-sediment system could not be assessed because final reports of the different studies were not provided.

Expected effect of the final regulatory action in relation to the environment:

Reduction of risk from the use of plant protection products containing chlorates.

Date of entry into force of the final regulatory action: 10/05/2010

Complete entry into force of all provisions of Commission Decision 2008/865/EC of 10 November 2008 was 10 May 2010.