# L_2008101EN.01000901.xml

| 11.4.2008 | EN | Official Journal of the European Union | L 101/9 |
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11.4.2008

EN

Official Journal of the European Union

L 101/9

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COMMISSION DECISION

of 4 April 2008

concerning the non-inclusion of azocyclotin, cyhexatin and thidiazuron in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing those active substances

(notified under document number C(2008) 1187)

(Text with EEA relevance)

(2008/296/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 years following the notification of that Directive, authorise 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. |
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(1)

Article 8(2) of Directive 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 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 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the second and third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC. |
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(2)

Commission Regulations (EC) No 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the second and third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC.

| (3) | Azocyclotin, cyhexatin and thidiazuron are substances designated in the third stage programme. |
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(3)

Azocyclotin, cyhexatin and thidiazuron are substances designated in the third stage programme.

| (4) | The sole notifiers for azocyclotin, cyhexatin and thidiazuron informed the Commission on 25 January 2007, 24 January 2007 and 7 February 2007 respectively, that they no longer wished to participate in the programme of work for these active substances, and therefore further information will not be submitted. As a consequence, these active substances should not be included in Annex I to Directive 91/414/EEC. |
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(4)

The sole notifiers for azocyclotin, cyhexatin and thidiazuron informed the Commission on 25 January 2007, 24 January 2007 and 7 February 2007 respectively, that they no longer wished to participate in the programme of work for these active substances, and therefore further information will not be submitted. As a consequence, these active substances should not be included in Annex I to Directive 91/414/EEC.

| (5) | Measures should be taken to ensure that existing authorisations for plant protection products containing azocyclotin, cyhexatin or thidiazuron are withdrawn within a prescribed period and are not renewed and that no authorisations for such products are granted. |
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(5)

Measures should be taken to ensure that existing authorisations for plant protection products containing azocyclotin, cyhexatin or thidiazuron are withdrawn within a prescribed period and are not renewed and that no authorisations for such products are granted.

| (6) | For these active substances for which there is only a short period of advance notice for the withdrawal of plant protection products containing such substances, it is reasonable to provide for a period of grace for disposal, storage, placing on the market and use of existing stocks for a period no longer than 12 months to allow existing stocks to be used in no more than one further growing. In cases where a longer advance notice period is provided, such period can be shortened to expire at the end of the growing season. |
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(6)

For these active substances for which there is only a short period of advance notice for the withdrawal of plant protection products containing such substances, it is reasonable to provide for a period of grace for disposal, storage, placing on the market and use of existing stocks for a period no longer than 12 months to allow existing stocks to be used in no more than one further growing. In cases where a longer advance notice period is provided, such period can be shortened to expire at the end of the growing season.

| (7) | This Decision does not prejudice the submission of an application for azocyclotin, cyhexatin or thidiazuron according to the provisions of Article 6(2) of Directive 91/414/EEC in view of a possible inclusion in its Annex I. |
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(7)

This Decision does not prejudice the submission of an application for azocyclotin, cyhexatin or thidiazuron according to the provisions of Article 6(2) of Directive 91/414/EEC in view of a possible inclusion in its Annex I.

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
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(8)

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

Azocyclotin, cyhexatin and thidiazuron shall not be included in Annex I to Directive 91/414/EEC.

Article 2

Member States shall ensure that:

| (a) | authorisations for plant protection products containing azocyclotin, cyhexatin and thidiazuron are withdrawn by 4 October 2008; |
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(a)

authorisations for plant protection products containing azocyclotin, cyhexatin and thidiazuron are withdrawn by 4 October 2008;

| (b) | from 5 April 2008 no authorisations for plant protection products containing azocyclotin, cyhexatin and thidiazuron are granted or renewed under the derogation provided for in Article 8(2) of Directive 91/414/EEC. |
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(b)

from 5 April 2008 no authorisations for plant protection products containing azocyclotin, cyhexatin and thidiazuron are granted or renewed under the derogation provided for in Article 8(2) of Directive 91/414/EEC.

Article 3

Any period of grace granted by Member States in accordance with Article 4(6) of Directive 91/414/EEC, shall be as short as possible and shall expire not later than 4 October 2009.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 4 April 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission

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(1)  
  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2008/40/EC (OJ L 87, 29.3.2008, p. 5).

1

(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).

2

(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).

3

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