WRITTEN QUESTION P-2829/00 by Dorette Corbey (PSE) to the Commission. Temporary authorisation for certain plant protection products.
Date: 2000-09-04
Institutions: European Parliament, Provisional data
Subjects: intra-EU trade, market approval, pharmaceutical product

C 103 E/226

Official Journal of the European Communities

EN

3.4.2001

The Honourable Member(cid:146)s fourth question refers to restrictions on the sales of cross-channel day return
tickets.
If this question refers to a practice actually being applied by an operator or operators, the
Commission would be grateful for further information about the practice, in order to enable it to give
the Honourable Member an informed and considered reply.

The Commission understands the Honourable Member(cid:146)s final question as stating that goods previously sold
as duty-free goods continue to be sold at (tax inclusive) prices substantially below those offered on land
and that for that reason sales of these goods have not fallen. The Commission is unable to confirm that
such is the case and would therefore be most grateful
if the Honourable Member could provide the
information on which he has based his statement.

(2001/C 103 E/265)

WRITTEN QUESTION P-2829/00

by Dorette Corbey (PSE) to the Commission

(4 September 2000)

Subject: Temporary authorisation for certain plant protection products

Regulation (EC) No 451/2000 (1) is concerned with implementation of the second and third stages of the
crop protection directive (91/414/EEC) (2). Article 15, second subparagraph, of the regulation specifies that
temporary measures may be taken to permit certain plant protection products if there is technical evidence
of the need for the use of these products and if there are no efficient alternatives.

1. What are the reasons for Article 15, second subparagraph, of the regulation, and what is its purpose?

Does the Commission feel that it can allow Member States, pursuant to Article 15, to authorise
2.
products which do not satisfy the criteria laid down in the uniform principles concerning the marketing of
plant protection products?

If so, does the Commission agree that this is an infringement of the relevant directives and that there

3.
is a need to amend the directives?

If the Commission wishes to create a legal basis for temporary measures, how will it guarantee that

4.
temporary measures are not taken for reasons of business economics?

How will the Commission guarantee that temperature measures do not impede, but encourage,

5.
innovation?

Is the Commission aware of the Dutch government(cid:146)s bill to amend the Pesticides Act of 1962
6.
(agriculturally essential crop protection products) (27076)? The bill proposes permitting, or continuing to
permit, plant protection products which are essential for agricultural purposes. The Netherlands is the only
Member State which will apply this criterion. Does this criterion conform with European rules, both now
and in the near future? Does the Commission think that the Dutch example will be followed by other
Member States?

(1) OJ L 55, 29.2.2000, p. 25.
(2) OJ L 230, 19.8.1991, p. 1.

Answer given by Mr Byrne on behalf of the Commission

(29 September 2000)

1. and 2.
Council Directive 91/414/EEC of 15 July 1991, concerning the placing of plant protection
products on the market sets up a harmonised framework for the authorisation, placing on the market, use
and control of plant protection products in the Community.

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Official Journal of the European Communities

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One of the basic principles of the Directive is the development of a Community list of accepted active
substances in Annex I to the Directive.

Article 8 (2) of Directive 91/414/EEC provides for a derogation during a period of 12 years (until 25 July
2003) for Member States to continue to authorise plant protection products containing active substances
not included in Annex I of the Directive on the basis of the general safety requirements of Article 4 of the
Directive and national data requirements. During this period the Commission shall
implement a pro-
gramme for gradual examination of the active substances. By July 2001 the Commission shall present to
the Parliament and to the Council a progress report on the programme. Depending on the conclusions of
this report it may be decided to extend, for certain substances, the above mentioned deadline for a period
to be determined.

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), provides for the
evaluation of a first list of 90 important and widely used active substances in agriculture. In fact, it is
estimated that these 90 substances represent about 30 % of the total use of plant protection products in
agriculture. This programme permitted the development of expertise and mutual confidence-building in
Member States and the Commission. This programme continues.

Commission Regulation (EC) No 451/2000 of 28 February 2000 laying down the detailed rules for the
implementation of the second and third stages of the work programme referred to in Article 8(2) of
Council Directive 91/414/EEC covers most of the remaining active substances in different steps. Strict
deadlines are provided for industry to notify these active substances.

It was expected that the number of active substances on the market would be reduced significantly because
industry would not be prepared to defend all the active substances still on the market. This has been
confirmed in the meantime since at least 200 active substances will not be defended. More definitive
results will be available at the end of December 2000 and will be included in the progress report of the
Commission.

for the active substances which are not adequately notified, the
The Regulation also provides that
Commission will adopt a Regulation in order not to include such substances in Annex I and obliging
Member States to withdraw from the market plant protection products containing such active substances
by 25 July 2003.

The withdrawal from the market of a large number of active substances in a short time period may create
problems, e.g. because no plant protection product would be available any more for certain crops or for an
effective resistance management. In order to allow time to develop alternatives, the review Regulation
provides that, if necessary and on a case by case basis, the Commission may take appropriate temporary
measures for uses for which additional technical evidence has been provided demonstrating the essential
need for further use of the active substance and that there is no efficient alternative.

3., 4. and 5.
The Commission will, when preparing proposals for the implementation of Article 15 of
Regulation (EC) No 451/2000, examine the legal basis for such temporary measures. Such temporary
measures will only be further prepared when the seriousness of the problem has been demonstrated.

The Commission is aware of

6.
to change the Dutch legislation concerning plant
protection products. The Netherlands can continue to apply national criteria until a Community decision
on the active substance is taken at which time the uniform principles will have to be applied. The
Commission is not aware of the fact that other Member States would apply the same criteria as those
proposed in the Netherlands.

the proposal

(1) OJ L 366, 15.12.1992.