1979L0117 — EN — 23.10.1990 — 011.001 — 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
►M3Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
►M4Council Directive 86/214/EEC of 26 May 1986 L 152 45 6.6.1986
►M5Council Directive 86/355/EEC of 21 July 1986 L 212 33 2.8.1986
►M6Council Directive 87/181/EEC of 9 March 1987 L 71 33 14.3.1987
►M7Commission Directive 87/477/EEC of 9 September 1987 L 273 40 26.9.1987
►M8Council Directive 89/365/EEC of 30 May 1989 L 159 58 10.6.1989
►M9Commission Directive 90/335/EEC of 7 June 1990 L 162 37 28.6.1990
►M10Council Directive 90/533/EEC of 15 October 1990 L 296 63 27.10.1990
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),
Whereas plant production has a very important place in the European
Economic Community;
Whereas the yield from that production is continually 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;
Whereas one of the most important methods of protecting plants and
plant products and of increasing the productivity of agriculture is touse plant protection products;
Whereas the effects of these plant protection products may not be
wholly favourable for plant production; whereas their use 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;
Whereas the Member States have therefore not only controlled the
marketing of plant protection products but have also 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
prohibitions of the use of all plant protection products containing 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
hazardous treatments become 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 — 23.10.1990 — 011.001 — 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;
Whereas the Directive excludes plant protection products intended for
research and analytical purposes;
Whereas, moreover, it is not appropriate to apply Community provi-
sions to plant protection products intended for export to thirdcountries, since in general these countries have their own regulations;
Whereas the implementation of this Directive 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
This Directive concerns prohibition 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 substancesor 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; or
1.5. to destroy parts of plants or to prevent undesired growth of
plants.
2.Substances
Chemical elements and their compounds, as they 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 fromplants, but excluding plants themselves as defined in point 5.1979L0117 — EN — 23.10.1990 — 011.001 — 3
▼B
7.Harmfulorganisms
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 relationshipof 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 impurities because of the nature of their manufac-
turing process, provided that they have no harmful effects on human
beings, animals or the environment.
Article 4
1. By way of derogation from Article 3, Member States shall be
temporarily authorized to permit the placing on the market or the use
within their territory of plant protection products containing certain of
the active substances listed in the first column of the Annex in thecases set out in the second column.
2. Member States shall inform the other Member States and the
Commission of any cases in which paragraph 1 is applied and, if the
Commission 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 upunder 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 is to be cancelled, prior consultation 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).1979L0117 — EN — 23.10.1990 — 011.001 — 4
(1) OJ No L 124, 12. 5. 1978, p. 16.
(2) OJ No L 340, 9. 12. 1976, p. 25.
▼M4
3. Any amendments to the Annex which are not provided for in
paragraph 1 shall be adopted by the Council acting on a proposalfrom 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 likelyto give rise to:
(a) harmful effects on 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 Statein question may permit the placing on the market and the use of such
product for a maximum period of 120 days. It shall immediately inform
the other Member States and the Commission of its action.
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 this Article is to be followed,
matters shall be referred without delay by the chairman, either on hisown initiative or at the request of a Member State, to the StandingCommittee on Plant Health, hereinafter called ‘the Committee’.
2. Within the Committee the votes of the Member States shall be
weighted as provided 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 onsuch measures within a time limit set by the chairman having regard
to the urgency of the matter. Opinions shall be adopted by a majority
of►
M3fifty-four ◄votes.
4. The Commission shall adopt the measures and implement them
forthwith where they are in accordance with the opinion of the
Committee. Where they are not in accordance with the opinion of theCommittee, or if no opinion is delivered, the Commission shall withoutdelay propose to the Council the measures to be adopted. The Councilshall adopt the measures by a qualified majority.
If the Council has not adopted any measures within three months of the
proposal being submitted to it, the Commission shall adopt the
proposed measures and implement them forthwith.
Article 9
The Member States shall, not later than 1 January 1981, bring into
force the laws, regulations and administrative provisions necessary tocomply with this Directive. They shall immediately inform theCommission thereof.1979L0117 — EN — 23.10.1990 — 011.001 — 5
▼B
▼B
Article 10
This Directive is addressed to the Member States.1979L0117 — EN — 23.10.1990 — 011.001 — 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 As a paint to treat Nectria galligena (canker) on
pomaceous fruit trees after harvesting 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 compounds4. Alkyl mercury compounds ►
M9 ◄
5. Alkoxyalkyl and aryl mercury compounds ►M1 ◄
►M2 ◄
►M2 ◄
►M9Seed treatment cereals ◄
B.Persistentorgano-chlorinecompounds
1. Aldrin ►M9 ◄
2. Chlordane
3. Dieldrin
4. DDT ►M1 ◄
►M2 ◄
►M1 ◄
5. Endrin ►M9 ◄
►M2 ◄
6. HCH containing less than 99·0 % of the
gamma isomer
7. Heptachlor ►M1 ◄
8. Hexachlorobenzene1979L0117 — EN — 23.10.1990 — 011.001 — 7
▼B
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
9. Camphechlor
►M6C.Othercompounds
1. Ethylene oxide ◄
►M62. Nitrofen
3. 1,2-Dibromoethane4. 1,2-Dichloroethane ◄
►
M105. Dinoseb, its acetate and salts
6. Binapacryl
7. Captafol8. Dicofol containing less than 78 % of
p.p.
1-dicofol or more than 1 g/kg DDT
and DDT related compounds
9. (a) Maleic hydrazide and its salts, other
than its choline, potassium and
sodium salts;
(b) Choline, potassium and sodium salts
of maleic hydrazide containing more
than 1 mg/kg of free hydrazine
expressed on the basis of the acid
equivalent
10. Quintozene containing more than 1 g/kg
of HCB or more than 10 g/kg
pentachlorobenzene ◄(a) pathogen reduction of the following dried
vegetables, intended for incorporation in
food preparations which do not undergo full
cooking treatment prior to consumption
— asparagus
— onions— leeks— mushrooms
(b) pathogen reduction of dried herbs and
spices (
1)
(c) pathogen reduction of dried herbs intended
exclusively for marketing without further
processing as medicinal products
(d) pathogen reduction of cocoa powder and
cake
(e) fumigation of tobacco leaf►
M8Derogations (a), (d), and (e) shall expire
on 31 December 1989 at the latest and deroga-
tions (b) and (c) on 31 December 1990 at the
latest◄
(1) Plants and plant products rich in essential oils and aromatic principles mainly used as condiments because of
their characteristic taste1979L0117 — EN — 23.10.1990 — 011.001 — 8
▼M1
▼M5