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)

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 notification of that Directive, authorise the placing on the market of plant protection products containing active substances not listed in Annex 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 programme of work.

(2) Commission Regulation (EC) No 1112/2002(3) lays down the detailed rules for the implementation of the fourth stage of the programme 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 Directive 91/414/EEC and Member States should withdraw all authorisations for plant protection products containing such active substances. Annex I to this Decision lists active substances which 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 work referred to in Article 8(2) of Directive 91/414/EEC. Active substances for which no complete dossier has been submitted or for 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 States should withdraw all authorisations for plant protection products containing such active substances. Annex I to this Decision lists active substances which fall into this category.

(4) For some of those active substances information has been presented 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 measures should be provided for to enable the development of alternatives.

(5) For the active substances for which there is only a short period of advance notice for the withdrawal of plant protection products containing such substances, it is reasonable to provide for a period of grace for disposal, storage, placing on the market and use of existing stocks for a period no longer than 12 months to allow existing stocks to be used in no more than one further growing. 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 protection products containing the active substances listed in Annex I to this Decision 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 protection products 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 substance concerned.

Member States making use of the derogation provided for in the first subparagraph shall ensure that the following conditions are complied with:

(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 use conditions;

(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 December 2004 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 31 December 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.

Done at Brussels, 30 January 2004.

For the Commission

David Byrne

Member of the Commission

(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.

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)

Cinosulfuron

Clofencet

Chlorflurenol

Flamprop-M

Flurenol

Hexaflumuron

Imazethapyr

Nuarimol

Primisulfuron

Pretilachlor

Quinclorac

Streptomycine

Tridemorph

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-octadienal

4-chloro-3-methylphenol

7,8-Epoxi-2-methyl-octadecane

7-Methyl-3-methylene-7-octene-1-yl-propionate

Acridinic bases

Alkyldimethybenzyl ammonium chloride

Alkyldimethylethylbenzyl ammonium chloride

Ammonium hydroxide

Ammonium sulphate

Barium nitrate

Biphenyl

Boric acid

Bromethalin

Calciferol

Calcium cyanide

Calcium oxide

Calcium phosphate

Chlorhydrate of poly (imino imido biguanidine)

Chlorophylline

Cholecalciferol

Choline chloride

Corn steep liquor

Coumachlor

Coumafuryl

Coumatetralyl

Crimidine

Difethialone

Dioctyldimethyl ammonium chloride

Diphacinone

Ethanethiol

Ethylhexanoate

Flocumafen

Fluoroacetamide

Hydrogen cyanide

Isoval

Lactic acid

Lauryldimethylbenzylammonium bromide

Lauryldimethylbenzylammonium chloride

Lime phosphate

Methyl-trans-6-nonenoate

Naphtalene

Nitrogen

Octyldecyldimethyl ammonium chloride

Onion extract

Papaine

p-Cresyl acetate

p-Dichlorobenzene

Pherodim

Phosphoric acid

Plant oils/Coconut oil

Plant oils/Maize oil

Plant oils/Peanut oil

Potassium sorbate

Pronumone

Propionic acid

Pyranocumarin

Quaternary ammonium compounds

Scilliroside

Sebacic acid

Serricornin

Sodium carbonate

Sodium chloride

Sodium cyanide

Sodium dimethylarsinate

Sodium hydroxide

Sodium o-benzyl-p-chlorphenoxide

Sodium propionate

Sodium p-t-amylphenoxide

Sodium tetraborate

Soybean extract

Soybean oil, epoxylated

Strychnine

Tar oils

Thallium sulphate

Thiourea

trans-6-Nonen-1-ol

Trimedlure

B. Micro-organisms

Aschersonia aleyrodis

Agrotis segetum granulosis virus

Mamestra brassica nuclear polyhedrosis virus

Tomato mosaic virus

ANNEX II

List of authorisations referred to in Article 2(2)

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