2004D0129 — EN — 01.05.2004 — 001.001 — 1
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►B COMMISSION DECISION
of 30 January 2004
concerning the non-inclusion of certain active substances in Annex I to Council Directive 91/414/
EEC and the withdrawal of authorisations for plant protection products containing these
substances
(notified under document number C(2004) 152)
(Text with EEA relevance)
(2004/129/EC)
(OJ L 37, 10.2.2004, p. 27)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 835/2004 of 28 April 2004 L 127 43 29.4.2004
▼B
COMMISSION DECISION
of 30 January 2004
concerning the non-inclusion of certain active substances in Annex
I to Council Directive 91/414/EEC and the withdrawal of authorisa-
tions for plant protection products containing these substances
(notified under document number C(2004) 152)
(Text with EEA relevance)
(2004/129/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),
as last amended by Commission Directive 2003/119/EC (2), 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 notificationof that Directive, authorise the placing on the market of plantprotection products containing active substances not listed inAnnex 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 programmeof work.
(2) Commission Regulation (EC) No 1112/2002 (3) lays down the
detailed rules for the implementation of the fourth stage of theprogramme of work referred to in Article 8(2) of Directive 91/414/EEC. The active substances of the fourth stage for which a
commitment to further prepare the necessary dossier has not
been notified should not be included in Annex I to Directive91/414/EEC and Member States should withdraw all authorisa-tions for plant protection products containing such activesubstances. Annex I to this Decision lists active substanceswhich fall into this category.
(3) Commission Regulations (EC) No 451/2000 (4) and (EC) No
1490/2002 (5) lay down the detailed rules for the implementation
of the second and third stages of the programme of workreferred to in Article 8(2) of Directive 91/414/EEC. Activesubstances for which no complete dossier has been submitted orfor which notifiers have declared that no dossier will be
submitted within the prescribed time limit should not be
included in Annex I to Directive 91/414/EEC and Member Statesshould withdraw all authorisations for plant protection productscontaining such active substances. Annex I to this Decision listsactive substances which fall into this category.
(4) For some of those active substances information has beenpresented and evaluated by the Commission together with
Member State experts which has shown a need for further use
of the substances concerned. In those cases temporary measuresshould be provided for to enable the development of alternatives.
(5) For the active substances for which there is only a short periodof advance notice for the withdrawal of plant protection productscontaining such substances, it is reasonable to provide for aperiod of grace for disposal, storage, placing on the market and2004D0129 — EN — 01.05.2004 — 001.001 — 2
(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 325, 12.12.2003, p. 41.
(3) OJ L 168, 27.6.2002, p. 14.
(4) OJ L 55, 29.2.2000, p. 25.
(5) OJ L 224, 21.8.2002, p. 23.
▼B
use of existing stocks for a period no longer than 12 months to
allow existing stocks to be used in no more than one furthergrowing. In cases where a longer advance notice period is
provided, such period can be shortened to expire at the end of
the growing season.
(6) 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
The active substances listed in Annex I to this Decision shall not be
included in Annex I to Directive 91/414/EEC.
Article 2
1. Member States shall ensure that authorisations for plant protec-
tion products containing the active substances listed in Annex I to thisDecision are withdrawn by 31 March 2004 at the latest.
2. By derogation from paragraph 1, Member States listed in column
B of Annex II may maintain authorisations for plant protectionproducts containing substances listed in column A of that Annex for
uses listed in column C of that Annex until 30 June 2007 at the latest,
to permit the development of an efficient alternative for the substanceconcerned.
Member States making use of the derogation provided for in the first
subparagraph shall ensure that the following conditions are compliedwith:
(a) the continued use is only accepted so far as it has no harmful effect
on human or animal health and no unacceptable influence on the
environment;
(b) such plant protection products remaining on the market after 31
March 2004 are relabelled in order to match the restricted useconditions;
(c) all appropriate risk mitigation measures are imposed to reduce any
possible risks;
(d) alternatives for such uses are being seriously sought.
3. The Member State concerned shall inform the Commission about
the measures taken in application of paragraph 2, and in particular
about the actions taken pursuant to points (a) to (d), by 31 December2004 at the latest.
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.
Where authorisations shall be withdrawn in accordance with Article
2(1) by 31 March 2004 at the latest, the period shall expire on 31December 2004 at the latest.
Where authorisations shall be withdrawn in accordance with Article
2(2) by 30 June 2007 at the latest, the period shall expire on 31
December 2007 at the latest.
Article 4
This Decision is addressed to the Member States.2004D0129 — EN — 01.05.2004 — 001.001 — 3
▼B
ANNEX I
List of active substances referred to in Article 1
PART A
Substance covered by Commission Regulation (EC) No 703/2001 (second
stage of the programme of work)
Methidathion
PART B
Substances covered by Commission Regulation (EC) No 1490/2002 (third
stage of the programme of work)
CinosulfuronClofencet
Chlorflurenol
Flamprop-MFlurenol
Hexaflumuron
Imazethapyr
Nuarimol
PrimisulfuronPretilachlor
Quinclorac
StreptomycineTridemorph
Triadimefon
PART C
Substances covered by Commission Regulation (EC) No 1112/2002 (fourth
stage of the programme of work)
A.Chemical active substances
(4E-7Z)-4,7-Tridecadien-1-yl-acetate
(4Z-9Z)-7,9-Dodecadien-1-ol
(E)-10-Dodecenyl acetate(Z)-3-Methyl-6-isopropenyl-3,4-decadien-1-yl acetate
(Z)-3-Methyl-6-isopropenyl-9-decen-1-yl acetate
(Z)-5-Dodecen-1-yl acetate
(Z)-7-Tetradecanole
(Z)-9-Tricosene(Z,Z) Octadienyl acetate
2-Propanol
3,7-Dimethyl-2,6-octadienal4-chloro-3-methylphenol
7,8-Epoxi-2-methyl-octadecane
7-Methyl-3-methylene-7-octene-1-yl-propionate
Acridinic bases
Alkyldimethybenzyl ammonium chlorideAlkyldimethylethylbenzyl ammonium chloride
Ammonium hydroxide2004D0129 — EN — 01.05.2004 — 001.001 — 4
▼B
Ammonium sulphate
Barium nitrateBiphenyl
Boric acid
Bromethalin
Calciferol
Calcium cyanide
Calcium oxide
Calcium phosphateChlorhydrate of poly (imino imido biguanidine)
Chlorophylline
Cholecalciferol
Choline chloride
Corn steep liquor
Coumachlor
CoumafurylCoumatetralyl
Crimidine
Difethialone
Dioctyldimethyl ammonium chloride
DiphacinoneEthanethiol
Ethylhexanoate
Flocumafen
Fluoroacetamide
Hydrogen cyanide
Isoval
Lactic acidLauryldimethylbenzylammonium bromide
Lauryldimethylbenzylammonium chloride
Lime phosphate
Methyl-trans-6-nonenoate
Naphtalene
Nitrogen
Octyldecyldimethyl ammonium chlorideOnion extract
Papaine
p-Cresyl acetate
p-Dichlorobenzene
PherodimPhosphoric acid
Plant oils/Coconut oil
Plant oils/Maize oil
Plant oils/Peanut oil
Potassium sorbate
Pronumone2004D0129 — EN — 01.05.2004 — 001.001 — 5
▼B
Propionic acid
Pyranocumarin
Quaternary ammonium compoundsScilliroside
Sebacic acid
SerricorninSodium carbonate
Sodium chloride
Sodium cyanideSodium dimethylarsinate
Sodium hydroxide
Sodium o-benzyl-p-chlorphenoxideSodium propionate
Sodium p-t-amylphenoxide
Sodium tetraborateSoybean extract
Soybean oil, epoxylated
StrychnineTar oils
Thallium sulphate
Thioureatrans-6-Nonen-1-ol
Trimedlure
B.Micro-organisms
Aschersonia aleyrodisAgrotis segetum granulosis virus
Mamestra brassica nuclear polyhedrosis virus
Tomato mosaic virus2004D0129 — EN — 01.05.2004 — 001.001 — 6
▼B
ANNEX II
List of authorisations referred to in Article 2(2)
Column A Column B Column C
Active substance Member State Use
Alkyldimethylbenzyl
ammonium chlorideBelgium Disinfection of mush-
room growth chambers
and equipment
Cinosulfuron Spain Rice
Italy Rice
Flamprop-M Austria Spring wheat, Spring
barley, Winter wheat,Winter barley
Denmark Spring barley
Hexaflumuron Portugal Citrus
Spain Pinus
Methidathion France Apple, pear, plum, citrus
Germany Oil rape seed
Italy OlivesPortugal Apple, pear, peach,
olives, vines, citrus,
mango and custard apple
Spain Citrus, olives
Greece Olives, apples, pears
Cyprus Citrus and olive, winter
application in deciduous
fruit trees
Slovakia Apple, apricot, grape,
pear, peach, plum, orna-
mentals
Pretilachlor France Rice
Italy Rice
Quinclorac Spain Rice
Greece RicePortugal Rice
Italy Rice
Triadimefon Sweden Field grown strawberries
Tomatoes and cucum-
bers under glass2004D0129 — EN — 01.05.2004 — 001.001 — 7
▼M1
▼B