1 EN 
 
 2  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels,  
  
Draft 
COMMISSION DECISION 
of 
concerning the non-inclusion of certain active substances in Annex I to Council Directive 
91/414/EEC and the withdrawal of authorisations for plant protection products 
containing these substances 
(Text with EEA relevance) 3 Draft 
COMMISSION DECISION 
of 
concerning the non-inclusion of certain active substances in Annex I to Council Directive 
91/414/EEC and the withdrawal of authorisations for plant protection products 
containing these substances 
(Text with EEA relevance)  
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty esta blishing the European Community, 
Having regard to Council Dir ective 91/414/EEC of 15 July 1991 concerning the placing of 
plant protection products on the market1, and in particular the fourth subparagraph of 
Article 8(2) thereof, 
Whereas: (1) Article 8(2) of Directive 91/414/EEC provi des that a Member State may, during a 
period of 12 years following the notification of  that Directive, authorise the placing on 
the market of plant protection products containing active substa nces not listed in 
Annex I to that Directive that are already on the market two years after the date of 
notification, while those substances are gradually being examined within the framework of a programme of work. 
(2) Commission Regulations (EC) No 451/2000
2 and (EC) No 1490/20023 lay down the 
detailed rules for the implementation of th e third stage of the programme of work 
referred to in Article 8(2) of Directiv e 91/414/EEC and estab lish a list of active 
substances to be assessed with a view to their possibl e inclusion in  Annex I to 
Directive 91/414/EEC. That list includes the substances enumerated  in the Annex to 
this Decision. 
(3) Within two months from receipt of the dr aft assessment report th e notifiers concerned 
voluntarily withdrew, in accordance with Article 11e of Regulation (EC) No 
1490/2002, their support for the incl usion of those substances. 
(4)  The Commission has examined the draft assessment reports, the recommendations 
from the rapporteur Member States and the comments from other Member States and 
                                                 
1 OJ L 230, 19.8.1991, p. 1. Directive as last amended by [INSERT LAST AMENDMENT].  
2  OJ L 55, 29.2.2000, p. 25. Regulation as last amended by Regulation (EC) No 1044/2003 (OJ L 151, 
19.6.2003, p.32). 
3  OJ L 224, 21.8.2002, p. 23. Regulation as last amended by Regulation (EC) No 1095/2007 (OJ L 246, 
21.9.2007, p. 19). 4 has come to the conclusion that Articles 11b and 11f do not apply. Consequently, 
Article 11e applies. 
(5) The substances listed in the Annex to this Decision should therefore not be included in 
Annex I to Directive 91/414/EEC.  
(6) As the non-inclusion of these substances is not based on the presence of clear 
indications of harmful eff ects as laid down in Annex VI of Regulation (EC) No 
1490/2002, Member States should have the possibility to maintain authorisations until 31 December 2010, in accordance with Arti cle 12(3) of Regulation (EC) No 
1490/2002. 
(7) Any period of grace granted by a Member St ate for the disposal, storage, placing on the 
market and use of existing stocks of plant protection products containing the listed substances should be limited to twelve months  in order to allow ex isting stocks to be 
used in one further growing season.  
(8) This Decision does not prejudice the submi ssion of a new application under Article 
6(2) of Directive 91/414/EEC and Co mmission Regulation (EC) No 33/2008 of 17 
January 2008 laying down detailed rules fo r the application of  Council Directive 
91/414/EEC as regards a regular and an accel erated procedure for the assessment of 
active substances which were part of the progr amme of work referred to in Article 8(2) 
of that Directive but have not been included into its Annex I
4 in accordance with the 
accelerated procedure provided for in Ar ticles 13 to 22 of that Regulation. 
(9) That procedure allows notifiers whose substance has not been included based on their 
withdrawal, to make a new application su bmitting only the additional data necessary 
to address the specific issues that led to  the adoption of the non-inclusion Decision. 
The notifier has received the draft assessment report which identifies those data. 
(10) The measures provided for in this Decision are in accordance with the opinion of the 
Standing Committee on the Food Chain and Animal Health, 
 
HAS ADOPTED THIS DECISION: 
Article 1 
The substances listed in the Annex to this Deci sion shall not be include d as active substances 
in Annex I to Directive 91/414/EEC. 
Article 2 
Member States shall withdraw authorisations for plant protection produ cts containing one or 
several of the substances  listed in the Annex by 31 December 2010 at the latest. 
                                                 
4  OJ L 15, 18.1.2008, p. 5. 5 Article 3 
Any period of grace granted by Member Stat es in accordance with the provisions of 
Article 4(6) of Directive 91/414/EEC sha ll expire on 31 Decembe r 2011 at the latest. 
Article 4 
This Decision is addressed to the Member States. 
 Done at Brussels,        F o r  t h e  C o m m i s s i o n  
 Androulla Vassiliou 
 Member of the Commission 6  
ANNEX 
List of active substances referred to in Article 1 
Active Substance 
 Draft assessment report 
communicated to the notifier 
on 
Acetochlor 14 December 2005 
Acrinathrin 08 October 2007 
Asulam 28 July 2006 
Bitertanol 23 March 2006 
Bupirimate 07 August 2007 
Carbetamide 31 August 2006 
Carboxin 28 July 2006 
Chloropicrin 19 April 2006 
Clethodim 19 April 2006 
Cycloxydim 28 February 2007 
Cyproconazole 15 September 2006 
Dazomet 08 October 2007 
Diclofop-methyl 10 September 2007 
Diethofencarb 24 October 2007 
Dithianon 05 February 2007 
Dodine 29 March 2007 
Ethalfluralin 04 October 2007 
Etridiazole 07 August 2007 
Fenazaquin 23 June 2006 
Fenbuconazole 12 May 2006 
Fenbutatin oxide 20 April 2007 
Fenoxycarb 04 October 2007 
Fluazifop-P 10 September 2007 
Flufenoxuron 08 November 2007 
Fluometuron 31 August 2007 7 Fluquinconazole 22 December  2005 
Flurochloridone 27 October 2006 
Flutriafol 09 November 2006 
Guazatine 08 November 2007 
Hexythiazox 18 May 2006 
Hymexazol 08 October 2007 
Isoxaben 09 November 2006 
Metaldehyde 01 September 2006 
Metosulam 08 October 2007 
Myclobutanil 29 March 2006 
Oryzalin 04 October 2007 
Oxyfluorfen 04 October 2007 
Paclobutrazol 07 December 2006 
Pencycuron 01 June 2006 
Prochloraz 18 June 2007 
Propargite 08 October 2007 
Pyridaben 07 Auguts2007 
Quinmerac 06 July 2007 
Sintofen 08 November 2007 
tau-Fluvalinate 18 June 2007 
Tebufenozide 09 June 2006 
Tefluthrin 04 May 2007 
Terbuthylazine 08 October 2007 
Thiobencarb 21 July 2006