Commission Directive 1999/1/EC of 21 January 1999 including an active substance (kresoxim-methyl) in Annex I to Council Directive 91/414/EEC concerning the placing of plant protection products on the market (Text with EEA relevance)
Date: 1999-01-21
Institutions: European Commission
Subjects: dangerous substance, marketing, plant health control, plant health product, product safety

28. 1. 1999

EN

Official Journal of the European Communities

L 21/21

COMMISSION DIRECTIVE 1999/1/EC

of 21 January 1999

including an active substance (kresoxim-methyl) in Annex I to Council Directive
91/414/EEC concerning the placing of plant protection products on the market

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

in Annex I to Directive 91/414/EEC will also need to be
amended pursuant to Article 6(1) of that Directive;

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 Commis-
sion Directive 97/73/EC (2), hereinafter referred to as ‘the
Directive', and in particular Article 6(3) thereof,

Whereas in accordance with Article 6(2) of Directive 91/
414/EEC Belgium received on 28 March 1995 an applica-
tion from BASF Aktiengesellschaft, hereinafter referred to
as ‘the applicant', for the inclusion of the active substance
kresoxim-methyl in Annex I to the Directive;

Whereas in accordance with the provisions of Article 6(3)
of
the Directive the Commission confirmed in its
Decision 96/266/EC (3), that the dossier submitted for
kresoxim-methyl could be considered as satisfying,
in
the data and information requirements of
principle,
Annex II, and for plant protection products containing
this active substance, of Annex III to the Directive;

Whereas, in accordance with Article 5(1) of the Directive,
an active substance should be included for a period not
exceeding 10 years in Annex I when it may be expected
that there will not be any harmful effects on human or
animal health or on groundwater or any unacceptable
influence on the environment;

the effects on human
Whereas for kresoxim-methyl,
health and the environment have been assessed,
in
accordance with the provisions of Article 6(2) and (4) of
the Directive, for the uses proposed by the applicant;
whereas Belgium acting as rapporteur Member State has
submitted to the Commission on 15 January 1997 the
assessment report concerned;

Whereas the submitted report has been reviewed by the
Member States and the Commission within the Standing
Committee on Plant Health; whereas this review has been
the
finalised on 16 October 1998 in the format of
Commission review report for kresoxim-methyl; whereas
it may be necessary to update this report to take account
of technical and scientific developments; whereas in such
case the conditions for the inclusion of kresoxim-methyl

(1) OJ L 230, 19. 8. 1991, p. 1.
(2) OJ L 353, 24. 12. 1997, p. 26.
(3) OJ L 91, 12. 4. 1996, p. 74.

Whereas the dossier and the information from the review
have also been submitted to the Scientific Committee for
Plants for consultation; whereas this Committee has given
its opinion on 14 July 1998;

Whereas it has appeared from the assessments made that
plant protection products containing the active substance
concerned may be expected to satisfy in general
the
requirements laid down in Article 5(1)(a), (b) and (3) of the
Directive, in particular with regard to the uses which were
examined; whereas therefore it is necessary to include the
active substance concerned in Annex I, in order to ensure
that
in all Member States the authorisations of plant
protection products containing the active substance
concerned can be granted in accordance with the provi-
sions of the Directive;

Whereas after inclusion a reasonable period is necessary
to permit Member States to implement the provisions of
Directive 91/414/EEC on plant protection products
containing kresoxim-methyl, and in particular to review,
within this period, existing provisional authorisations or
to grant, by the end of this period at the latest, new
authorisations in accordance with the provisions of the
Directive; whereas a longer period may also be required
for plant protection products containing kresoxim-methyl
and other active substances included in Annex I.

Whereas it is appropriate to provide that the finalised
review report (except for confidential information in the
meaning of Article 14 of the Directive) is kept available or
made available by the Member States for consultation by
any interested parties;

Whereas the review report is required for the proper
implementation by the Member States, of several sections
of the uniform principles laid down in Annex VI to the
Directive, where these principles refer to the evaluation of
the Annex II data which were submitted for the purpose
of the inclusion of the active substance in Annex I to the
Directive;

Whereas the measures provided for in this Directive are
in accordance with the opinion of
the Standing
Committee on Plant Health delivered on the 16 October
1998,

L 21/22

EN

Official Journal of the European Communities

28. 1. 1999

HAS ADOPTED THIS DIRECTIVE:

Article 1

Kresoxim-methyl
is hereby designated as an active
substance in Annex I to Directive 91/414/EEC, as set out
in the Annex hereto.

Article 2

1. Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply
with this Directive, at the latest by 31 July 1999.

2. However for plant protection products containing
kresoxim-methyl together with another active substance
included in Annex I to Directive 91/414/EEC, the period
referred to in paragraph 1 is extended to the extent that a
longer implementation period is provided for by the
provisions laid down in the Directive concerning the
inclusion of this other active substance in Annex I to
Directive 91/414/EEC.

3. Member States shall keep available the review report
except for confidential information in the meaning of
Article 14 of the Directive for consultation by any inter-

ested parties or shall make it available to them on specific
request.

4. When Member States adopt
these
shall contain a reference to this Directive or shall be
accompanied by such reference at the time of their offi-
cial publication. The procedure for such reference shall be
laid down by the Member States.

the measures,

Article 3

This Directive shall enter into force on 1 February 1999.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 21 January 1999.

For the Commission

Franz FISCHLER

Member of the Commission

28. 1. 1999

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Official Journal of the European Communities

L 21/23

ANNEX

KRESOXIM-METHYL

1. Identity:

(IUPAC) methyl (E)-2-methoxyimino-2-[2-(o-tolyloxymethyl)phenyl]acetate.

2. Particular conditions to be fulfilled:

2.1. The active substance shall have a minimum purity of 910 g/kg.
2.2. Only uses as fungicide may be authorised.
2.3. Member States shall pay particular attention to the protection of groundwater under vulnerable

conditions.

2.4. For the implementation of the uniform principles of Annex VI, the conclusions of the review report
on kresoxim-methyl, and in particular the Appendices I and II thereof, as finalised in the Standing
Committee on Plant Health on 16 October 1998 shall be taken into account.

3. Expiry date of the inclusion: 31 January 2009.