1979L0117 — EN — 23.05.1985 — 003.001 — 1
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►B COUNCILDIRECTIVE
of21December 1978
prohibiting the placing on the market and use of plant protection products containing certain
activesubstances
(79/117/EEC)
(OJ L 33, 8.2.1979, p. 36)
Amended by:
Official Journal
No page date
►M1Commission Directive 83/131/EEC of 14 March 1983 L 91 35 9.4.1983
►M2Commission Directive 85/298/EEC of 22 May 1985 L 154 48 13.6.1985
Amended by:
►A1Act of Accession of Greece L 291 17 19.11.1979
▼B
COUNCILDIRECTIVE
of21December 1978
prohibiting the placing on the market and use of plant protection
productscontainingcertain activesubstances
(79/117/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social
Committee(3),
Whereasplant production hasa very important place in the European
Economic Community;
Whereasthe yield from that production iscontinually being affected by
harmful organisms and weeds; whereas it is absolutely essential to
protect plants against these risks to prevent a fall in yields and thereby
help to ensure the availability of supplies;
Whereasone of the mos t important methodsof protecting plantsand
plant productsand of increas ing the productivity of agriculture istouse plant protection products;
Whereasthe effectsof thes e plant protection productsmay not be
wholly favourable for plant production; whereastheir us e may involverisks for man and the environment since, in the main, they are toxicsubstances or preparations having dangerous effects;
Whereas, in the case of certain plant protection products, these risks
are so great that their use can no longer be wholly or partially toler-ated;
Whereasthe Member Stateshave therefore not only controlled the
marketing of plant protection productsbut have als o introduced, forcertain plant protection products, restrictions or prohibitions of use
covering also their marketing;
Whereas these provisions differ in the various Member States and
result in obstacles to trade which directly affect the establishment and
functioning of the common market;
Whereas it is therefore desirable to eliminate these obstacles by
aligning the relevant provisions laid down in the Member States by
law, regulation or administrative provision;
Whereas it therefore seems justified, as a basic principle, to introduce
prohibitionsof the us e of all plant protection productscontaining activesubstances which, even when properly used for the purpose intended,give rise or are likely to give rise to harmful effects on human oranimal health or to unreasonable adverse effects on the environment;
Whereas for some of these plant protection products national deroga-
tions may, however, be permitted to a limited extent for those useswhere, for ecological reasons, a particular need exists and where the
risk is less than in the case of their other previously sanctioned uses;
Whereas even these derogations should be phased out as soon as less
hazardoustreatmentsbecome available;
Whereas, on the other hand, it is necessary to grant Member States a
limited right to suspend temporarily, on their own authority, prohibi-1979L0117 — EN — 23.05.1985 — 003.001 — 2
(1) OJ No C 200, 26. 8. 1976, p. 10.
(2) OJ No C 30, 7. 2. 1977, p. 38.
(3) OJ No C 114, 11. 5. 1977, p. 16.
▼B
tions of use in the event of an unforeseeable danger threatening plant
production which cannot be contained by other means;
Whereasthe Directive excludesplant protection productsintended for
research and analytical purposes;
Whereas, moreover, it is not appropriate to apply Community provi-
sions to plant protection products intended for export to third
countries, since in general these countries have their own regulations;
Whereasthe implementation of thisDirective and the adaptation of its
Annex to the development of technical and scientific knowledge neces-
sitates a close cooperation between the Commission and Member
States; whereas the procedure — for the present, limited in time — ofthe Standing Committee on Plant Health and involvement of the Scien-tific Committee for Pesticides offers a suitable basis for this,
HAS ADOPTED THIS DIRECTIVE:
Article 1
ThisDirective concernsprohibition of the placing on the market and
use of plant protection products containing certain active substances.
Article 2
For the purposes of this Directive the following definitions shall apply:
1.Plantprotection products
Active substances and preparations containing one or more active
substances intended:
1.1. to destroy organisms harmful to plants or plant products or to
protect them from such organisms, in so far as such substances
or preparations are not defined in the following provisions;
1.2. to, influence the life processes of plants, other than as a
nutrient;
1.3. to preserve plant products, in so far as such substances or
products are not subject to special Council or Commissionprovisions on preservatives;
1.4. to destroy undesired plants; or1.5. to destroy parts of plants or to prevent undesired growth of
plants.
2.Substances
Chemical elementsand their compounds , asthey occur naturally or
by manufacture.
3.Preparations
Mixtures or solutions composed of two or more substances, or of
micro-organisms or viruses used as plant protection products.
4.Activesubstances
Substances, micro-organisms and viruses, having general or
specific action:
4.1. against harmful organisms; or
4.2. on plants, parts of plants or plant products.
5.Plants
Live plants and live parts of plants, including fresh fruit and seed.
6.Plantproducts
Products, in the unprocessed state or having undergone only simple
preparation such as milling, drying or pressing, derived from
plants, but excluding plants themselves as defined in point 5.
7.Harmfulorganisms1979L0117 — EN — 23.05.1985 — 003.001 — 3
▼B
Pests of plants or of plant products, which belong to the animal or
plant kingdoms, or which are viruses, mycoplasmas or other patho-gens.
8.Animals
Animals belonging to species normally nourished and kept or
consumed by man.
9.Placingonthemarket
Any transfer of possession, whether in return for payment or free
of charge.
10.Environment
The relationship of human beings with water, air, land and all
biological forms.
Article 3
Member States shall ensure that plant protection products containing
one or more of the active substances listed in the Annex may be neitherplaced on the market nor used.
The first paragraph shall not apply to plant protection products which
contain negligible impuritiesbecaus e of the nature of their manufac-turing process, provided that they have no harmful effects on humanbeings, animals or the environment.
Article 4
1. By way of derogation from Article 3, Member Statess hall be
temporarily authorized to permit the placing on the market or the use
within their territory of plant protection productscontaining certain of
the active substances listed in the first column of the Annex in thecases set out in the second column.
2. Member Statess hall inform the other Member Statesand the
Commission of any cases in which paragraph 1 is applied and, if theCommission so requests, shall provide it with details of the extent towhich each such active substance is used.
Article 5
The Directive shall not apply to plant protection products intended for:
(a) purposes of research or analysis; or
(b) export to third countries.
Article 6
1. After consultation by the Commission of the Scientific
Committee on Pesticides set up under Decision 78/436/EEC(
1) the
following shall be adopted in accordance with the procedure laiddown in Article 8:
(a) any amendments necessary within groups A (mercury compounds)
and B (persistent organochlorine compounds) of the substances incolumn 1 of the Annex;
(b) any amendments necessary to column 2 of the Annex. If a deroga-
tion isto be cancelled, prior cons ultation of the ScientificCommittee shall not be necessary, provided that all Member Stateshave informed the Commission that they do not intend or no longer
intend to avail themselves of that derogation. This information may
be supplied to the Standing Committee on Plant Health set upunder Decision 76/894/EEC(
2).
2. Paragraph 1 shall apply for a period of five years as from 1
January 1981.1979L0117 — EN — 23.05.1985 — 003.001 — 4
(1) OJ No L 124, 12. 5. 1978, p. 16.
(2) OJ No L 340, 9. 12. 1976, p. 25.
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The Council, acting unanimously on a proposal from the Commission,
may decide to extend the, period of validity of paragraph 1 or toremove any limit on itsapplication.
3. Any amendmentsto the Annex which are not provided for in
paragraph 1 shall be adopted by the Council acting on a proposal
from the Commission.
4. The Commission shall examine at least every two years whether
and to what extent the second column of the Annex should beamended.
5. All amendments to the Annex shall be made by reason of the
development of scientific and technical knowledge.
6. An active substance shall be included in the Annex if, even when
properly applied for the purpose intended, its use gives rise or is likely
to give rise to:
(a) harmful effectson human or animal health;
(b) unreasonable adverse effects on the environment.
Article 7
1. If it appears necessary, because of an unforeseeable danger threa-
tening plant production which cannot be contained by other means, touse in a Member State a plant protection product containing one ormore of the active substances listed in the Annex, the Member State
in question may permit the placing on the market and the use of such
product for a maximum period of 120 days. It shall immediately informthe other Member Statesand the Commis s ion of itsaction.
2. It shall be established without delay in accordance with the proce-
dure laid down in Article 8 whether and, if so, under what conditionsthe action taken by the Member State pursuant to paragraph 1 may becontinued or repeated.
Article 8
1. Where the procedure laid down in thisArticle isto be followed,
matterss hall be referred without delay by the chairman, either on his
own initiative or at the request of a Member State, to the Standing
Committee on Plant Health, hereinafter called ‘the Committee’.
2. Within the Committee the votesof the Member Statess hall be
weighted asprovided for in Article 148 (2) of the Treaty. The chairmanshall not vote.
3. The Commission representative shall submit a draft of the
measures to be adopted. The Committee shall deliver its opinion on
such measures within a time limit set by the chairman having regard
to the urgency of the matter. Opinionss hall be adopted by a majorityof►
A1forty-five ◄votes.
4. The Commission shall adopt the measures and implement them
forthwith where they are in accordance with the opinion of theCommittee. Where they are not in accordance with the opinion of theCommittee, or if no opinion is delivered, the Commission shall without
delay propose to the Council the measures to be adopted. The Council
shall adopt the measures by a qualified majority.
If the Council hasnot adopted any meas ureswithin three monthsof the
proposal being submitted to it, the Commission shall adopt theproposed measures and implement them forthwith.
Article 9
The Member Statess hall, not later than 1 January 1981, bring into
force the laws, regulations and administrative provisions necessary tocomply with thisDirective. They s hall immediately inform theCommission thereof.1979L0117 — EN — 23.05.1985 — 003.001 — 5
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Article 10
This Directive is addressed to the Member States.1979L0117 — EN — 23.05.1985 — 003.001 — 6
▼B
ANNEX
Names of active substances or groups of active
substances referred to in Article 3Cases in which placing on the market or use are
permitted in accordance with Article 4
A.Mercury compounds
1. Mercuric oxide Asa paint to treat Nectria galligena (canker) on
pomaceousfruit treesafter harves ting and until
budding
2. Mercurous chloride (calomel) (a) Against Plasmodiophora on Brassicae
(b) Treatment of onion seeds and plants against
Sclerotium
►M2 ◄
3. Other inorganic mercury compounds
4. Alkyl mercury compounds(a) ►M1Dipping of seed potatoes ◄
(b) Treatment of basic and prebasic cereal seed,
except maize, and sugar beet seed
5. Alkoxyalkyl and aryl mercury compounds ►M1 ◄
►M2 ◄
►M2 ◄
►M1(c)◄Seed treatment of cereals, beet,
flax and rape
B.Persistentorgano-chlorinecompounds
1. Aldrin (a) ►M2Treatment of growing media of
container-grown ornamentalsagains t
Otiorrynchus ◄
(b) Treatment of potatoesgrown in former
pastureland against Agriotes in Ireland and
the United Kingdom
(c) Treatment of narcissi which have to remain
two or three yearsin the ground agains t
Merodon equestris, Eumerus strigatus and
Eumerustuberculatus
2. Chlordane
3. Dieldrin
4. DDT ►M1 ◄
►M2 ◄
►M1 ◄
5. Endrin (a) ►M2Asan acaricide on cyclamen ◄
►M2 ◄
6. HCH containing less than 99·0 % of the
gamma isomer
7. Heptachlor ►M1 ◄
8. Hexachlorobenzene
9. Camphechlor1979L0117 — EN — 23.05.1985 — 003.001 — 7
▼M1