98/270/EC: Commission Decision of 7 April 1998 concerning the withdrawal of authorisations for plant protection products containing fenvalerate as an active substance (Text with EEA relevance)
Date: 1998-04-07
Institutions: European Commission
Subjects: health risk, market approval, marketing standard, pharmaceutical product, plant health product, public health

21. 4. 98

EN

Official Journal of the European Communities

L 117/15

COMMISSION DECISION

of 7 April 1998

concerning the withdrawal of authorisations for plant protection products
containing fenvalerate as an active substance

(Text with EEA relevance)

(98/270/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Community,
Having regard to Commission Regulation (EEC) No
3600/92 of 11 December 1992 laying down the detailed
rules for the implementation of the first stage of the
programme of work referred to in Article 8(2) of Council
Directive 91/414/EEC concerning the placing of plant
protection products on the market (1), as last amended by
Regulation (EC) No 1199/97 (2), and in particular Article
6(5) thereof,
Whereas Commission Regulation (EC) No 933/94 (3), as
last amended by Regulation (EC) No 2230/95 (4), has laid
down the active substances of plant protection products
and designated the rapporteur Member States for the
implementation of Regulation (EEC) No 3600/92;
Whereas fenvalerate was one of the 90 active substances
covered by the first
the work programme
stage of
provided for in Article 8(2) of Council Directive 91/
414/EEC (5);
substance the notifiers concerned
Whereas
formally submitted to the designated rapporteur Member
State certain information as required pursuant to Article
6(1) of Regulation (EEC) No 3600/92 to support
the
inclusion of this active substance in Annex I to Directive
91/414/EEC;
Whereas in accordance with Article 6(4) of Regulation
(EEC) No 3600/92 the designated rapporteur Member
State informed the Commission that neither of
the
dossiers submitted satisfied the requirements of Article
6(2) and (3) of the Regulation;
Whereas, in accordance with Article 6(5) of the Regula-
tion, no Member State has informed the Commission of
its wish to secure the inclusion of this active substance in
Annex I to Directive 91/414/EEC;
Whereas it has to be considered that a complete data
package required for the evaluation of this substance will
not be submitted in the framework of
the work
programme; whereas an evaluation and inclusion in
Annex I of this substance is not possible in this frame-

this

for

work; whereas consequently a decision should be taken
with the effect
for plant
protection products containing this active substance are
withdrawn;

that current authorisations

Whereas this Decision does not exclude the possibility
that fenvalerate may in the future be evaluated within the
framework of the provisions for new active substances
provided for in Article 6 of Directive 91/414/EEC;

Whereas this Decision does not prejudice measures of
Member States to grant a period of grace for disposal,
storage, placing on the market and use of existing stocks
in accordance with the provisions of Article 4(6) of Dir-
ective 91/414/EEC;

Whereas the measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

The Member States shall ensure:
1. that

authorisations

for plant protection products
containing fenvalerate are withdrawn within a period
of 12 months from the date of the present Decision;
2. that from the date of the present Decision no author-
for plant protection products containing
isations
fenvalerate will be granted or
the
derogation provided for in Article 8(2) of Directive
91/414/EEC.

renewed under

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 7 April 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 366, 15. 12. 1992, p. 10.
(2) OJ L 170, 28. 6. 1997, p. 19.
(3) OJ L 107, 28. 4. 1994, p. 8.
(4) OJ L 225, 22. 9. 1995, p. 1.
(5) OJ L 230, 19. 8. 1991, p. 1.