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 Directiv e 91/414/EEC provides 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 co ntaining active substances not listed in 
Annex I to that Directive th at 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 Regulatio ns (EC) No 1112/2002
2 and (EC) No 2229/20043 lay down 
the detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Direct ive 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 list  includes the substances ad ded in the A nnex to this 
Decision. 
(3) Within two months from receipt of th e draft assessment report the notifiers 
concerned voluntarily withdrew, in accordan ce with Article 24e of Regulation (EC) 
No 2229/2004, their support for the in clusion of those substances. 
(4) The Commission has examined the draft a ssessment reports, the recommendations 
from the rapporteur Member States and th e comments from other Member States 
and has come to the conclusion that  Articles 24b and 24f do not apply. 
Consequently, Article 24e applies. 
                                                
 
1 OJ L 230, 19.8.1991, p. 1. Directive as last amended by [INSERT LAST AMENDMENT].  
2 OJ L 168, 27.6.2002, p. 14.  
3 OJ L 379, 24.12.2004, p. 13 as last amended by Reg. (EC) 1095/2007 (OJ L 246, 21.09.2007, p.19) 4 (5) The substances listed in th e Annex to this Decision shoul d 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 VII of Regulation (EC) No 
2229/2004, Member States should have the po ssibility to mainta in authorisations 
until 31 December 2010, in accordance with Ar ticle 25(3) of Regulation (EC) No 
2229/2004. 
(7) Any period of grace granted by a Member Stat e for the disposal, storage, placing on the 
market and use of existing stocks of plan t protection products containing the listed 
substances should be limited to  twelve months in order to allow existing stocks to be 
used in one further growing season.  
(8) This Decision does not prejud ice the submission of a ne w application under Article 
6(2) of Directive 91/414/EEC. 
(9) Articles 13 to 22 of Commission Regulati on (EC) No 33/2008 of 17 January 2008 
laying down detailed rules for the applic ation of Council Directive 91/414/EEC as 
regards a regular and an accelerated pr ocedure for the assessment of active 
substances which were part of  the programme of work referr ed to in Article 8(2) of 
that Directive but have not been included into its Annex I provide for an accelerated 
procedure for such new application. That pr ocedure allows notifiers whose substance 
has not been included based on their wit hdrawal, to make a new application in 
accordance with the accelerated procedur e set out in Commission Regulation (EC) 
33/2008. When submitting the new applicatio n under this procedure notifiers are 
allowed to submit only the additional data ne cessary to address the specific issues 
for which a need for further information wa s identified during the risk assessment. 
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. 
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. 5 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 
1- Decanol 07 April 2008 
6- Benzyladenine 25 February 2008 
Aluminium sulphate  31 March 2008 
Azadirachtin 18 February 2008 
Bromadiolone 11 July 2008 
Ethoxyquin 13 March 2008 
Fatty alcohols  03 April 2008 
Indolylacetic acid  13 March 2008  
Indolylbutyric acid 13 March 2008  
Lime sulphur 31 March 2008 
Naphthylacetic acid 03 March 2008 
1- Naphthylacetamide 03 March 2008 
Propisochlor 16 May 2008 
Quassia 17 March 2008 
Zinc phosphide  11 July 2008