1999/164/EC: Commission Decision of 17 February 1999 concerning the non-inclusion of DNOC of active substance in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing this active substance (notified under document number C(1999) 332) (Text with EEA relevance)
Date: 1999-02-17
Institutions: European Commission
Subjects: dangerous substance, pharmaceutical product, plant health product, withdrawal from the market

2. 3. 1999

EN

Official Journal of the European Communities

L 54/21

COMMISSION DECISION

of 17 February 1999

concerning the non-inclusion of DNOC of active substance in Annex I to
Council Directive 91/414/EEC and the withdrawal of authorisations for plant
protection products containing this active substance

(notified under document number C(1999) 332)

(Text with EEA relevance)

(1999/164/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

main notifier (Elf Atochem Agri SA) as provided for in
Article 7(3) of Regulation (EEC) No 3600/92;

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),

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 (3), as last amended by
Regulation (EC) No 1199/97 (4), and in particular Article
7(3a)(b) thereof,

Whereas Commission Regulation (EC) No 933/94 (5), as
last amended by Regulation (EC) No 2230/95 (6) has laid
down the active substances of plant protection products,
the
designated by the rapporteur Member States for
implementation of Commission Regulation (EEC) No
3600/92 and identified the notifiers
for each active
substance;

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
finalised on 1 December 1998 in the format of
the
Commission review report for DNOC, in accordance with
the provisions of Article 7(6) of Regulation (EC) No 3600/
92;

Whereas it has appeared from the assessments made that
the submitted information has not demonstrated that
plant protection products containing the active substance
concerned satisfy the requirements laid down in Articles
5(1)(a) and (b) and 5(2)(b) of Directive 91/414/EEC, in
particular with regard to acceptable operator exposure and
the exposure of non-target organisms;

Whereas, therefore, it is not possible to include this active
substance in Annex I to Directive 91/414/EEC;

Whereas a limited 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 Directive
91/414/EEC has to be provided;

the 90 active substances
Whereas DNOC is one of
covered by the first
the work programme
stage of
provided for in Article 8(2) of Council Directive 91/
414/EEC;

Whereas this Decision does not prejudice any action the
Commission may undertake at a later stage for this active
substance within the framework of Council Directive 79/
117/EEC (7);

Whereas in accordance with Article 7(1)(c) of Regulation
(EEC) No 3600/92, France, being the designated rappor-
teur Member State, submitted on 30 September 1996 to
the Commission, the report of its assessment of the infor-
mation submitted by the notifiers in accordance with the
provisions of Article 6(1) of this Regulation;

the rapporteur
Whereas on receipt of
Member State, the Commission undertook consultations
with experts of the Member States as well as with the

the report of

(1) OJ L 230, 19. 8. 1991, p. 1.
(2) OJ L 353, 24. 12. 1997, p. 26.
(3) OJ L 366, 15. 12. 1992, p. 10.
(4) OJ L 170, 28. 6. 1997, p. 19.
(5) OJ L 107, 28. 4. 1994, p. 8.
(6) OJ L 225, 22. 9. 1995, p. 1.

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

DNOC is not included as active substance in Annex I to
Directive 91/414/EEC.

(7) OJ L 33, 8. 2. 1979, p. 36.

L 54/22

EN

Official Journal of the European Communities

2. 3. 1999

The Member States shall ensure:

Article 2

1. that

authorisations

for plant protection products
containing DNOC are withdrawn within a period of
six months from the date of notification of the present
Decision;

2. that

from the date of notification of

the present
Decision no authorisations for plant protection prod-
ucts containing DNOC will be granted or renewed
under the derogation provided for in Article 8(2) of
Directive 91/414/EEC.

tive 91/414/EEC, which is as short as possible and not
longer than 15 months from the date of notification of
the present Decision.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 17 February 1999.

Article 3

Member States shall 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 Direc-

For the Commission

Franz FISCHLER

Member of the Commission