Opinion of the Advocate General — ECLI:EU:C:2018:55
Date: 2018-02-01
Language of the case: Spanish
Subject matter: Agriculture and Fisheries;Approximation of laws;Plant health legislation
Procedure: Reference for a preliminary ruling;Reference for a preliminary ruling - decision unnecessary
Origin: Spain

Summary — Judgment of the Court (Ninth Chamber), 17 May 2018 Agriculture — Approximation of laws — Placing of plant protection products on the market — Directive 2010/28 — Inclusion of certain active substances of those products in Annex I of Directive 91/414 — Obligation on the Member States to amend or withdraw existing authorisations for plant protection products containing metalaxyl— Time-limit — No possibility for extension (Council Directive 91/414, Annex I; Commission Directive 2010/28, Art. 3(1)) Article 3(1) of Commission Directive 2010/28/EU of 23 April 2010 amending Council Directive 91/414/EEC to include the active substance metalaxyl must be interpreted as meaning that the time limit that it lays down, expiring on 31 December 2010, to allow Member State to amend or withdraw, in accordance with Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, existing authorisations for plant protection products containing metalaxyl as an active substance, is a mandatory time limit, which cannot be extended by those Member States. (see para. 41, operative part)