COMMISSION DECISION
of 5 December 2008
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
(notified under document number C(2008) 7637)
(Text with EEA relevance)
(2008/934/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 the
market (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 451/2000 (2) and (EC)
No 1490/2002 (3) lay down the detailed rules for the
implementation of the third stage of the programme ofwork referred to in Article 8(2) of Directive 91/414/EECand establish a list of active substances to be assessedwith a view to their possible inclusion in Annex I toDirective 91/414/EEC. That list includes the substancesenumerated in the Annex to this Decision.
(3) Within two months from receipt of the draft assessmentreport the notifiers concerned voluntarily withdrew, inaccordance with Article 11e of Regulation (EC) No1490/2002, their support for the inclusion of thosesubstances.
(4) The Commission has examined the draft assessmentreports, the recommendations from the rapporteurMember States and the comments from other MemberStates and 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 Decisionshould therefore not be included in Annex I toDirective 91/414/EEC.
(6) As the non-inclusion of these substances is not based onthe presence of clear indications of harmful effects as laiddown in Annex VI to Regulation (EC) No 1490/2002,Member States should have the possibility to maintainauthorisations until 31 December 2010, in accordancewith Article 12(3) of Regulation (EC) No 1490/2002.
(7) Any period of grace granted by a Member State for thedisposal, storage, placing on the market and use of
existing stocks of plant protection products containing
the listed substances should be limited to 12 months inorder to allow existing stocks to be used in one furthergrowing season.
(8) This Decision does not prejudice the submission of anew application under Article 6(2) of Directive91/414/EEC and Commission Regulation (EC) No33/2008 of 17 January 2008 laying down detailedrules for the application of Council Directive91/414/EEC as regards a regular and an acceleratedprocedure for the assessment of active substanceswhich were part of the programme of work referred toin Article 8(2) of that Directive but have not beenincluded into its Annex I (
4) in accordance with the accel­
erated procedure provided for in Articles 13 to 22 of
that Regulation.
(9) That procedure allows notifiers whose substance has notbeen included based on their withdrawal, to make a newapplication submitting only the additional data necessaryto address the specific issues that led to the adoption ofthe non-inclusion Decision. The notifier has received thedraft assessment report which identifies those data.EN 11.12.2008 Official Journal of the European Union L 333/11
(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 55, 29.2.2000, p. 25.
(3) OJ L 224, 21.8.2002, p. 23. (4) OJ L 15, 18.1.2008, p. 5.(10) The measures provided for in this Decision are in
accordance with the opinion of the StandingCommittee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1
The substances listed in the Annex to this Decision shall not be
included as active substances in Annex I to Directive91/414/EEC.
Article 2
Member States shall withdraw authorisations for plant
protection products containing one or several of the substanceslisted in the Annex by 31 December 2010 at the latest.Article 3
Any period of grace granted by Member States in accordance
with the provisions of Article 4(6) of Directive 91/414/EECshall expire on 31 December 2011 at the latest.
Article 4
This Decision is addressed to the Member States.
Done at Brussels, 5 December 2008.
For the Commission
Androulla VASSILIOU
Member of the CommissionEN L 333/12 Official Journal of the European Union 11.12.2008ANNEX
List of active substances referred to in Article 1
Active substance Draft assessment report communicated to the notifier on
Acetochlor 14 December 2005
Acrinathrin 8 October 2007
Asulam 28 July 2006Bitertanol 23 March 2006
Bupirimate 7 August 2007
Carbetamide 31 August 2006
Carboxin 28 July 2006
Chloropicrin 19 April 2006
Clethodim 19 April 2006
Cycloxydim 28 February 2007Cyproconazole 15 September 2006
Dazomet 8 October 2007
Diclofop-methyl 10 September 2007
Diethofencarb 24 October 2007
Dithianon 5 February 2007
Dodine 29 March 2007
Ethalfluralin 4 October 2007Etridiazole 7 August 2007
Fenazaquin 23 June 2006
Fenbuconazole 12 May 2006
Fenbutatin oxide 20 April 2007
Fenoxycarb 4 October 2007
Fluazifop-P 10 September 2007
Flufenoxuron 8 November 2007Fluometuron 31 August 2007
Fluquinconazole 22 December 2005
Flurochloridone 27 October 2006
Flutriafol 9 November 2006
Guazatine 8 November 2007
Hexythiazox 18 May 2006
Hymexazol 8 October 2007Isoxaben 9 November 2006
Metaldehyde 1 September 2006EN 11.12.2008 Official Journal of the European Union L 333/13Active substance Draft assessment report communicated to the notifier on
Metosulam 8 October 2007
Myclobutanil 29 March 2006
Oryzalin 4 October 2007
Oxyfluorfen 4 October 2007Paclobutrazol 7 December 2006Pencycuron 1 June 2006Prochloraz 18 June 2007
Propargite 8 October 2007
Pyridaben 7 August 2007Quinmerac 6 July 2007Sintofen 8 November 2007
Tau-fluvalinate 18 June 2007
Tebufenozide 9 June 2006Tefluthrin 4 May 2007Terbuthylazine 8 October 2007Thiobencarb 21 July 2006EN L 333/14 Official Journal of the European Union 11.12.2008