Opinion of the Advocate General — ECLI:EU:C:2005:481
Date: 2005-07-14
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Provisions governing the Institutions;Principles, objectives and tasks of the Treaties;Approximation of laws;Plant health legislation
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment 1. Approximation of laws – Biocidal products – Directive 98/8 – Prior marketing authorisation – Transitional measures – ‘Standstill’ obligation – None – Member States’ obligations during the transitional period – Obligation not to adopt dispositions liable seriously to undermine the result prescribed by the Directive – Assessment by the national court (Art. 10, second para., EC and Art. 249, third para., EC; European Parliament and the Council Directive 98/8, Art. 16(1)) 2. Agriculture – Approximation of laws – Marketing of plant protection products – Directive 91/414 – Authorisation by a Member State of the placing on the market in its territory of plant protection products containing active substances not referred to in Annex I that were already on the market two years after the date of notification of the directive – Obligation to meet the requirements of Article 4 or 8(3) of the Directive –None (Council Directive 91/414, Art. 8(2)) 3. Approximation of laws – Biocidal products – Directive 98/8 – Prior marketing authorisation – Transitional measures – Scope of Article 16 identical to that of Article 8(2) of Directive 91/414 (European Parliament and the Council Directive 98/8, Art. 16(1); Council Directive 91/414, Art. 8(2)) 4. Agriculture – Approximation of laws – Marketing of plant protection products – Directive 91/414 – Review of those products – Meaning – National rules providing for an evaluation which may have the consequence that the active substance is designated for the purposes of the authorisation or registration by operation of law of the plant protection products containing it – Assessment by the national court – Criteria (Council Directive 91/414, Art. 8(3)) 5. Agriculture – Approximation of laws – Marketing of plant protection products – Directive 91/414 – Review of those products – Authorisation by a Member State of the placing on the market in its territory of plant protection products containing active substances not referred to in Annex I that were already on the market two years after the date of notification of the directive – Requirements concerning the data to be provided – Scope (Council Directive 91/414, Art. 8(3)) 1. Article 16(1) of Directive 98/8/EC concerning the placing of biocidal products on the market, which provides for a transitional period during which Member States are authorised to continue to apply their national systems, even though they do not comply with that directive, is not to be interpreted as constituting a ‘standstill’ obligation. However, the second paragraph of Article 10 EC and the third paragraph of Article 249 EC, and Directive 98/8, require that, during the transitional period prescribed in Article 16(1) of that directive, the Member States refrain from adopting any measures liable seriously to compromise the result prescribed by that directive. It is for the national court to determine whether that is the case of the national provisions the lawfulness of which it is required to examine. (see paras 43-44, operative part 1) 2. Article 8(2) of Directive 91/414 concerning the placing of plant protection products on the market is to be interpreted as meaning that, if a Member State authorises the placing on the market on its territory of plant protection products containing active substances not referred to in Annex I to that directive that were already on the market two years after the date of notification of the directive, it is not required to comply with the provisions of Article 4 or Article 8(3) of that directive. (see para. 57, operative part 2) 3. Article 16(1) of Directive 98/8 concerning the placing of biocidal products on the market, which provides for a transitional period during which Member States are authorised to continue to apply their national systems, even though they do not comply with that directive, has the same meaning as Article 8(2) of Directive 91/414 concerning the placing of plant protection products on the market, which permits a Member State, during a transitional period, to authorise the placing on the market in its territory of plant protection products containing active substances not listed in Annex I that are already on the market two years after the date of notification of the Directive. (see para. 63, operative part 3) 4. A review within the meaning of Directive 91/414 concerning the placing of plant protection products on the market presupposes that the plant protection product at issue has already been the subject of an authorisation and that that authorisation is still valid at the time when the review is carried out. Furthermore, it is apparent upon reading Articles 4(5) and 8(3) of that directive that the purpose of that review is not a re-evaluation of an active substance in isolation but rather a re-evaluation of the final plant protection product and that it is at the initiative of the national authorities and not at the initiative of the individuals concerned that the relevant product is reviewed. It is for the national court to assess whether the evaluation provided for in a provision of national law on pesticides, an evaluation which may have the consequence that the active substance is designated for the purposes of the authorisation or registration by operation of law of the plant protection products containing it, corresponds to all the characteristics of a ‘review’ within the meaning of Article 8(3) of Directive 91/414 and, in particular, to those set out above. (see paras 67-69, operative part 4) 5. Article 8(3) of Directive 91/414 concerning the placing of plant protection products on the market, which provides that, when they review plant protection products containing an active substance not referred to in Annex I that is already on the market two years after the date of notification of that directive and before such review has taken place, Member States are to apply the requirements laid down in Article 4(1)(b)(i) to (v), and (c) to (f) in accordance with national provisions concerning the data to be provided, is to be interpreted as meaning that it contains only provisions relating to the supply of data prior to a review. (see para. 74, operative part 5)