Judgment — ECLI:EU:C:2006:170
Date: 2006-03-09
Language of the case: Dutch
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Plant health legislation
Concepts: Plant protection products
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment 1. Agriculture – Approximation of laws – Placing of plant protection products on the market – Directive 91/414 (Council Directive 91/414; Council Decision 2003/199, Art. 2(3)) 2. Agriculture – Approximation of laws – Placing of plant protection products on the market – Directive 91/414 (Council Directive 91/414, Art. 8(2); Council Decision 2003/199, Art. 2(3)) 3. Agriculture – Approximation of laws – Placing of plant protection products on the market – Directive 91/414 (Council Directive 91/414; Council Decision 2003/199, Art. 2(3)) 1. A reading of Article 2(3) of Decision 2003/199 relating to the non-inclusion of aldicarb in Annex I to Directive 91/414 concerning the placing of plant protection products on the market, and the withdrawal of authorisations for plant protection products containing this active substance, which allows Member States to issue new authorisations to place such products on the market, notwithstanding the refusal to include the active substance ‘aldicarb’ in Annex I to Directive 91/414, is both inconsistent with the general scheme and aims of that directive and contrary to the fourth subparagraph of Article 8(2) of that directive, which, where there is a decision not to include an active substance in that annex, requires that Member States ensure that the relevant authorisations are withdrawn or varied within a prescribed period. Such a reading of Article 2(3) of Decision 2003/199 is, moreover, inconsistent with the other language versions of that provision. Article 2(3) of Decision 2003/199 must therefore be interpreted as allowing, under certain conditions, the Member States specified in column A of the annex to that decision to maintain in force until 30 June 2007 authorisations to place plant protection products containing the active substance ‘aldicarb’ on the market for essential uses. (see paras 22-24) 2. Article 2(3) of Decision 2003/199 relating to the non-inclusion of aldicarb in Annex I to Directive 91/414 concerning the placing of plant protection products on the market, which sets the time-limit for the withdrawal of authorisations to place plant protection products containing the active substance ‘aldicarb’ on the market, constitutes a measure for implementing Article 8(2) of that directive. Since Directive 91/414 contains no restriction in that regard, the establishing of different time-limits for the withdrawal of those authorisations in respect of products containing the active substance ‘aldicarb’ on the basis of the uses for which those products are intended cannot be considered to be inconsistent with the provisions of that directive. (see paras 25-27) 3. In adopting Article 2(3) of Decision 2003/199 relating to the non-inclusion of aldicarb in Annex I to Directive 91/414 concerning the placing of plant protection products on the market, and the withdrawal of authorisations for plant protection products containing this active substance, the Council carried out a global assessment of the advantages and drawbacks of the system to be established and that system is not manifestly inappropriate in the light of the objectives pursued. (see para. 32)