2000/817/EC: Commission Decision of 27 December 2000 concerning the non-inclusion of permethrin 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(2000) 4140) (Text with EEA relevance)
Date: 2000-12-27
Institutions: European Commission
Subjects: dangerous substance, marketing, marketing standard, pharmaceutical product, plant health product, withdrawal from the market

L 332/114

EN

Official Journal of the European Communities

28.12.2000

COMMISSION DECISION

of 27 December 2000

concerning the non-inclusion of permethrin 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(2000) 4140)

(Text with EEA relevance)

(2000/817/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 Commission Directive 2000/
68/EC (2), and in particular the fourth subparagraph of Article
8(2) thereof,

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 Commission Regulation (EC) No
2266/2000 (4) and in particular Article 7(3a)b) thereof,

Whereas:

(1)

(2)

(3)

(4)

Article 8(2) of Directive 91/414/EEC provided for the
Commission to carry out a programme of work for the
the active substances used in plant-
examination of
protection products which were already on the market
on 15 July 1993. Detailed rules for the carrying out of
this programme were established in Commission Regula-
tion (EEC) No 3600/92.

Commission Regulation (EC) No 933/94 (5) of 27 April
1994, as last amended by Regulation (EC) No 2230/
95 (6) has designated the active substances which should
be assessed in the framework of Regulation (EEC) No
3600/92, designated a Member State to act as rappor-
teur in respect of the assessment of each substance and
identified the producers of each active substance who
submitted a notification in due time in accordance with
Article 4(2) of Regulation (EEC) No 3600/92.

Permethrin is one of the 90 active substances designated
in Regulation (EC) No 933/94.

In accordance with Article 7(1)(c) of Regulation (EEC)
No 3600/92, Ireland, being the designated rapporteur
Member State, submitted on 10 June 1998 to the
Commission the report of its assessment of the informa-

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 276, 28.10.2000, p. 41.
(3) OJ L 366, 15.12.1992, p. 10.
(4) OJ L 259, 13.10.2000, p. 27.
(5) OJ L 107, 28.4.1994, p. 8.
(6) OJ L 225, 22.9.1995, p. 1.

(5)

(6)

(7)

(8)

(9)

tion submitted by the notifiers in accordance with the
provisions of Article 6(1) of this Regulation.

The assessment report prepared by Ireland was reviewed
by the Member States and the Commission within the
Standing Committee on Plant Health. This review was
finalised on 13 July 2000 in the format of the Commis-
sion review report for permethin,
in accordance with
Article 7(6) of Regulation (EEC) No 3600/92.

It has appeared from the assessments made that the
submitted information is not sufficient to demonstrate
that, under the proposed conditions of use, plant-protec-
tion 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.

All notifiers informed the Commission and the rappor-
teur Member State that they no longer wished to partici-
pate in the programme of work for this active substance.
Therefore,
information which would be
required to demonstrate that permethrin fully complies
with the requirements of Directive 91/414/EEC will not
be submitted.

the further

Therefore,
substance in Annex I to Directive 91/414/EEC.

is not possible to include this active

it

Technical evidence has been provided indicating that
limited further use of permethrin in forestry could be
allowed whilst research is ongoing in order to find effi-
cient alternatives providing that appropriate risk mitiga-
tion measures are taken.

(10) Any period of grace for disposal, storage, placing on the
market and use of existing stocks of plant-protection
products containing permethrin allowed by Member
States, in accordance with the provisions of Article 4(6)
of Directive 91/414/EEC should be limited to a period
no longer than 18 months to allow existing stocks to be
used in no more than one further growing season.

(11)

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).

(7) OJ L 33, 8.2.1979, p. 36.

28.12.2000

EN

Official Journal of the European Communities

L 332/115

(12)

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

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

Article 2

The Member States shall ensure:

1. that authorisations for all uses of plant-protection products
containing permethrin are withdrawn within a period of six
months from the date of adoption of the present Decision
except for the uses referred to in paragraph 2;

2. that the authorisations for uses of plant-protection products
containing permethrin in young plants for forestry are with-
drawn not later than on 25 July 2003;

3. that from the date of the present Decision no authorisations
for plant-protection products containing permethrin will be
granted or renewed under the derogation provided for in
Article 8(2) of Directive 91/414/EEC, except for the uses
referred to in paragraph 2.

Article 3

Any period of grace granted by a Member State in accordance
with the provisions of Article 4(6) of Directive 91/414/EEC,
shall be as short as possible and not longer than 18 months
from the date of adoption of the present Decision. For the uses
referred to in Article 2(2) the period of grace shall expire not
later than on 31 December 2003.

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 27 December 2000.

For the Commission

David BYRNE

Member of the Commission