EN    EN EN 
 EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 
C(2008) final 
Draft 
COMMISSION DECISION 
of 
concerning the non-inclusion of carb on monoxide in Annex I to Council 
Directive 91/414/EEC and the withdrawal of authorisations for plant protection 
products containing that substance 
(Memorandum from Ms A. VASSILIOU) EN 2   EN Draft 
COMMISSION DECISION 
of 
concerning the non-inclusion of carb on monoxide in Annex I to Council 
Directive 91/414/EEC and the withdrawal of authorisations for plant protection 
products containing that substance 
(Text with EEA relevance) 
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty esta blishing the European Community, 
Having regard to Council Directive 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, au thorise the placing on 
the market of plant protection products containing active substances 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 1112/2002
2 and (EC) No 2229/20043 lay down the 
detailed rules for the implementation of th e fourth stage of the programme of 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 incl usion in Annex I to 
Directive 91/414/EEC. That li st includes carbon monoxide. 
                                                 
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. EN 3   EN (3) For carbon monoxide acid the effects on human health and the environment have been 
assessed in accordance with the provision s laid down in Regulations (EC) No 
1112/2002 and (EC) No 2229/2004 for a range of uses proposed by the notifier. 
Moreover, those Regulations de signate the Rapporteur Memb er States which have to 
submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance wi th 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 in accordance with  Article 24a of 
Regulation (EC) No 2229/2004. A draft review report for that substance was reviewed 
by the Member States and the Commissi on within the Standing Committee on the 
Food Chain and Animal Health and finali sed on 26 September 2008 in the format of 
the Commission review report. 
(5) During the examination of this active substance by the Committee, taking into account 
comments received from Member States, it  was concluded that there are clear 
indications that it may be expected that it has harmful effects on human health and in 
particular the crucial missing data does not allow to set a reliable AOEL and such value is necessary to conduct the risk assessment. Moreover, other concerns which were identified by the rapporteur Member St ates in its assessme nt report are included 
in the review report for the substance. 
(6) The Commission invited the notifier to s ubmit its comments on the results of the 
examination of carbon monoxide and on its in tention or not to further support the 
substance. The notifier submitted its comments which have been carefully examined. However, despite the arguments put forwards  by the notifier, the concerns identified 
could not be eliminated, and assessments  made on the basis of the information 
submitted have not demonstrated that it may be expected that, under the proposed 
conditions of use, plant pr otection products containing carbon monoxide satisfy in 
general the requirements laid down in Artic le 5(1)(a) and (b) of  Directive 91/414/EEC. 
(7) Carbon monoxide should therefore not  be included in Annex I to 
Directive 91/414/EEC. 
(8) Measures should be taken to ensure that authorisations grante d for plant protection 
products containing carbon monoxide are withdr awn within a fixed period of time and 
are not renewed and that no new authoris ations for such products are granted. 
(9) Any period of grace granted by a Member Stat e for the disposal, storage, placing on 
the market and use of existing stocks of plant protection products  containing carbon 
monoxide should be limited to 12 months in or der to allow existing stocks to be used 
in one further growing season, which ensures that plant protection products containing 
carbon monoxide remain available for 18 months from the adoption of this Decision. EN 4   EN (10) This Decision does not prejudice the s ubmission of an application for carbon 
monoxide in accordance with Article 6(2)  of Directive 91/414/EEC and Commission 
Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the 
application of Council Direct ive 91/414/EEC as regards a regular and an accelerated 
procedure for the assessment of active subs tances which were part of the programme 
of work referred to in Article 8(2) of that Directive but have not been included into its 
Annex I4, in view of a possible in clusion in its Annex I.  
(11) 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 
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 [INSERT DATE 6 MONTHS FROM THE DATE OF ADOPTION OF 
THIS DECISION];  
(b) no authorisations for plant protecti on products containing carbon monoxide are 
granted or renewed from the date of publication 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 
[INSERT DATA 18 MONTHS FROM ADOPTION OF THIS DECISION]  at the latest. 
Article 4 
This Decision is addressed to the Member States. Done at Brussels, 
 For the Commission 
 Androulla VASSILIOU  Member of the Commission 
                                                
 
4 OJ L 15, 18.1.2008, p. 5.