COMMISSION DECISION
of 12 December 2008
concerning the non-inclusion of carbon monoxide in Annex I to Council Directive 91/414/EEC and
the withdrawal of authorisations for plant protection products containing that substance
(notified under document number C(2008) 8077)
(Text with EEA relevance)
(2008/967/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Community,
Having regard to Council Directive 91/414/EEC of 15 July 1991
concerning the placing of plant protection products on themarket (
1), and in particular the fourth subparagraph of
Article 8(2) thereof,
Whereas:
(1) Article 8(2) of Directive 91/414/EEC provides that a
Member State may, during a period of 12 yearsfollowing the notification of that Directive, authorisethe placing on the market of plant protection productscontaining active substances not listed in Annex I to thatDirective that are already on the market two years afterthe date of notification, while those substances aregradually being examined within the framework of aprogramme of work.
(2) Commission Regulations (EC) No 1112/2002 (2) and (EC)
No 2229/2004 (3) lay down the detailed rules for the
implementation of the fourth stage of the programmeof work referred to in Article 8(2) of Directive
91/414/EEC and establish a list of active substances to
be assessed with a view to their possible inclusion inAnnex I to Directive 91/414/EEC. That list includescarbon monoxide.
(3) For carbon monoxide the effects on human health andthe environment have been assessed in accordance withthe provisions laid down in Regulations (EC) No1112/2002 and (EC) No 2229/2004 for a range ofuses proposed by the notifier. Moreover, those Regu­lations designate the rapporteur Member States whichhave to submit the relevant assessment reports andrecommendations to the European Food SafetyAuthority (EFSA) in accordance with Article 20 of Regu­lation (EC) No 2229/2004. For carbon monoxide the
rapporteur Member State was Italy and all relevant infor­mation was submitted in November 2007.
(4) The Commission examined carbon monoxide inaccordance with Article 24a of Regulation (EC) No
2229/2004. A draft review report for that substance
was reviewed by the Member States and the Commissionwithin the Standing Committee on the Food Chain andAnimal Health and finalised on 26 September 2008 inthe format of the Commission review report.
(5) During the examination of this active substance by theCommittee, taking into account comments received fromMember States, it was concluded that there are clearindications that it may be expected that it has harmfuleffects on human health and in particular the crucialmissing data does not allow to set a reliable andacceptable operator exposure level (AOEL) and suchvalue is necessary to conduct the risk assessment.Moreover, other concerns which were identified by therapporteur Member States in its assessment report are
included in the review report for the substance.
(6) The Commission invited the notifier to submit its
comments on the results of the examination of carbonmonoxide and on its intention or not to further supportthe substance. The notifier submitted its commentswhich have been carefully examined. However, despitethe arguments put forwards by the notifier, theconcerns identified could not be eliminated, andassessments made on the basis of the informationsubmitted have not demonstrated that it may beexpected that, under the proposed conditions of use,plant protection products containing carbon monoxidesatisfy in general the requirements laid down inArticle 5(1)(a) and (b) of Directive 91/414/EEC.
(7) Carbon monoxide should therefore not be included inAnnex I to Directive 91/414/EEC.
(8) Measures should be taken to ensure that authorisationsgranted for plant protection products containing carbonmonoxide are withdrawn within a fixed period of timeand are not renewed and that no new authorisations forsuch products are granted.EN 20.12.2008 Official Journal of the European Union L 344/121
(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 168, 27.6.2002, p. 14.
(3) OJ L 379, 24.12.2004, p. 13.(9) Any period of grace granted by a Member State for the
disposal, storage, placing on the market and use ofexisting stocks of plant protection products containingcarbon monoxide should be limited to 12 months inorder to allow existing stocks to be used in one furthergrowing season, which ensures that plant protectionproducts containing carbon monoxide remain availablefor 18 months from the adoption of this Decision.
(10) This Decision does not prejudice the submission of an
application for carbon monoxide in accordance with
Article 6(2) of Directive 91/414/EEC and CommissionRegulation (EC) No 33/2008 of 17 January 2008laying down detailed rules for the application ofCouncil Directive 91/414/EEC as regards a regular andan accelerated procedure for the assessment of activesubstances which were part of the programme of workreferred to in Article 8(2) of that Directive but have notbeen included into its Annex I (
1), in view of a possible
inclusion in its Annex I.
(11) The measures provided for in this Decision are inaccordance with the opinion of the StandingCommittee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
Carbon monoxide shall not be included as an active substance
in Annex I to Directive 91/414/EEC.Article 2
Member States shall ensure that:
(a) authorisations for plant protection products containing
carbon monoxide are withdrawn by 12 June 2009;
(b) no authorisations for plant protection products containing
carbon monoxide are granted or renewed from the date ofpublication of this Decision.
Article 3
Any period of grace granted by Member States in accordance
with the provisions of Article 4(6) of Directive 91/414/EEC,shall be as short as possible and shall expire on 12 June2010 at the latest.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 12 December 2008.
For the Commission
Androulla VASSILIOU
Member of the CommissionEN L 344/122 Official Journal of the European Union 20.12.2008
(1) OJ L 15, 18.1.2008, p. 5.