COMMISSION REGULATION (EC) No 835/2004
of 28 April 2004
adapting Regulation (EC) No 2076/2002 and Decisions 2002/928/EC, 2004/129/EC, 2004/247/EC
and 2004/248 as regards the continued use of certain active substances not included in Annex I to
Directive 91/414/EEC, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 2(3) thereof,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia, and in particular Article 57 thereof,
Whereas:
(1) Commission Regulation (EC) No 2076/2002 (1) and Commission Decisions 2002/928/EC (2), 2004/
129/EC (3), 2004/247/EC (4) and 2004/248/EC (5) contain provisions for the non-inclusion of certain
active substances in Annex I to Directive 91/414/EEC and for the withdrawal by Member States ofall authorizations for plant protection products containing those active substances. Those actsprovide for derogations permitting the continued use of some of those substances for a limitedperiod of time while alternatives are being developed.
(2) It is necessary to adapt that Regulation and those Decisions by reason of the accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (herein-
after referred to as new Member States), since such derogations are required for the new MemberStates.
(3) Regulation (EC) No 2076/2002 and Decisions 2002/928/EC, 2004/129/EC, 2004/247 and 2004/
248/EC should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EC) No 2076/2002 is amended in accordance with the Annex to this Regulation.
Article 2
Decision 2002/928/EC is amended as follows:
1. In Article 2 the following point c) is added:
‘(c) in relation to the uses listed in column C of the Annex, a Member State specified in column B may
maintain in force authorisations for plant protection products containing benomyl until 30 June2007 provided that it:
(i) ensures that such plant protection products remaining on the market are relabelled in order to
match the restricted use conditions;29.4.2004 L 127/43 Official Journal of the European Union EN
(1) OJ L 319, 23.11.2002, p. 3. Regulation as amended by Regulation (EC) Nr. 1336/2003, 26.7.2003, p. 21.
(2) OJ L 322, 27.11.2002, p. 53.
(3) OJ L 37, 10.2.2004, p. 27.
(4) OJ L 78, 16.3.2004, p. 50.
(5) OJ L 78, 16.3.2004, p. 53.
(ii) imposes all appropriate risk mitigation measures to reduce any possible risks in order to ensure
the protection of human and animal health and the environment; and
(iii) ensures that alternative products or methods for such uses are being seriously sought, in par-
ticular, by means of action plans.
The Member State concerned shall inform the Commission on 31 December 2004 at the latest on
the application of this paragraph and in particular on the actions taken pursuant to points (i), (ii)and (iii) and provide on a yearly basis estimates of the amounts of benomyl used in accordancewith this point.’
2. Article 3 is replaced by the following:
‘Article 3
Any period of grace granted by Member States in accordance with the provisions of Article 4(6) of
Directive 91/414/EEC, shall be as short as possible and:
(a) for the uses for which the authorisation is to be withdrawn within a period of six months from the
adoption of the present Decision expire not later than 18 months from the adoption of the presentDecision;
(b) for the uses for which the authorisation is to be withdrawn by 30 June 2007, shall expire not later
than 31 December 2007.’
3. The following Annex is added:
‘Annex
Column A Column B Column C
Active substance Member State Use
Benomyl Slovakia Lentil, tobacco, sugar beet, rye’
Article 3
In Annex II to Decision 2004/129/EC at the end of the entry for methidathion the following lines are
added:
Cyprus citrus and olive, winter application in deciduous fruit trees
Slovakia Apple, apricot, grape, pear, peach, plum, ornamentals
Article 4
In the Annex to Decision 2004/247/EC the following line is added:
Poland Asparagus, rhubarb, fruit (apple, pear, apricot, peach, plum, cherry, walnut, currant,
gooseberry, raspberry, grape, strawberry)
Article 5
In the Annex to Decision 2004/248/EC the following lines are added:
Hungary Maize
Poland Maize
Article 6
This Regulation shall enter into force subject to and on the date of entry into force of the Treaty of Acces-
sion of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and
Slovakia.29.4.2004 L 127/44 Official Journal of the European Union EN
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 April 2004.
For the Commission
David BYRNE
Member of the Commission29.4.2004 L 127/45 Official Journal of the European Union EN
ANNEX
In Annex II to Regulation (EC) No 2076/2002 the following lines are added:
‘Azaconazole Poland tomato, wound treatment of trees
Bensultap Hungary Potato, sugar beet, cereals, strawberry, poppy, bean,
berries
Poland Potatoes
Bromopropylate Cyprus Citrus
Chlorfenvinphos Poland MushroomCyanazine Latvia oil seed rape
Czech Republic Vining peas
Estonia oil seed rape
Lithuania oilseed rape
Cycloate Poland Red beet, spinachDichlorprop Hungary Cereals, grasses
Fenuron Hungary Sunflower
Furathiocarb Czech Republic Seed treatment of bean, purple clover, Dutch clover,
flax, poppy, cucumber, lucerne, Brassica vegetables
Hexazinone Hungary Forestry
Czech Republic ForestrySlovakia Forestry
Imazapyr Estonia non-crop land
Latvia non-crop land
forestry production for treatment of sites prior to re-
stocking
Lithuania non-crop landPoland non-crop landSlovakia non-crop land
Iminoctadine Poland Tree nurseries
Naptalam Slovakia Cucumber
Poland Cucumber, pumpkin, zucchiniCzech Republic Cucumber
Hungary Cucumber
Oxine-copper Hungary Cereals (seed dressing)Oxycarboxin Cyprus Ornamentals, flowers and turf grass, beans29.4.2004 L 127/46 Official Journal of the European Union EN
Prometryne Hungary Sunflower, potato, carrot, lentil, herbs, sunflower
Slovakia Buckwheat, strawberry, dill, lentil
Latvia carrots, celery, parsley, leek, garlic, onion, carawayCyprus Carrots, celery, peas, onions, garlic, parsley, coriander,
leek, lentils and umbellifer herbs
Estonia peas, beans, carrots, celery, parsley, caraway, leek,
onion, garlic
Poland Carrot, parsley, parsnip, celeriac, dill, leek, garlic,
onion, pea, broad bean, lentils, coriander, caraway,
common madder, peppermint and other herbaceous
plants, gladiolus, tulip, rosa
Lithuania Peas, beans, vetch, caraway, lupine, carrots
Terbacil Poland Peppermint
Terbufos Hungary Maize, sugarbeet, cereals, sunflower, soybean
Terbutryn Slovakia horse bean, green peaThiocyclam Cyprus Potatoes, beans, celery, cucumbers, melons, waterme-
lons, pumpkins, ornamentals
Triforine Czech Republic Chives (seed production) and chrysanthemum’29.4.2004 L 127/47 Official Journal of the European Union EN