2001/697/EC: Commission Decision of 5 September 2001 concerning the non-inclusion of chlorfenapyr in Annex I to Council Directive 91/414/EEC (Text with EEA relevance) (notified under document number C(2001) 2617)
Date: 2001-09-05
Institutions: European Commission
Subjects: dangerous substance, herbicide, marketing, pharmaceutical product, plant health product

19.9.2001

EN

Official Journal of the European Communities

L 249/19

concerning the non-inclusion of chlorfenapyr in Annex I to Council Directive 91/414/EEC

COMMISSION DECISION

of 5 September 2001

(notified under document number C(2001) 2617)

(Text with EEA relevance)

(2001/697/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 2001/
49/EC (2), and in particular Article 6(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

In accordance with Article 6(2) of Directive 91/414/EEC
(hereinafter referred to as the Directive) Spain received
on 7 July 1995 an application from Cyanamid,
(the
applicant) for the inclusion of the active substance chlor-
fenapyr in Annex I to the Directive.

In accordance with the provisions of Article 6(3) of the
Directive the Commission confirmed in its Decision 96/
521/EC (3) that the dossier submitted for chlorfenapyr
could be considered as satisfying, in principle, the data
and information requirements of Annex II and for a
plant
active
containing
substance, of Annex III to the Directive.

protection

product

this

In accordance with Article 5(1) of the Directive, an
active substance should be included in Annex I for a
period not exceeding 10 years if it may be expected that
neither the use of, or residues from, plant protection
products containing the active substance will have any
harmful effects on human or animal health or on
groundwater or any unacceptable influence on the envir-
onment.

For chlorfenapyr, the effects on human 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. Spain acting as nomi-
nated rapporteur Member State, submitted a draft assess-
ment report concerning the substance to the Commis-
sion 30 November 1998.

(5)

On receipt of the report of the rapporteur Member State,
the Commission undertook consultations with experts
of the Member States as well as with the applicant

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 176, 29.6.2001, p. 61.
(3) OJ L 220, 30.8.1996, p. 21.

Cyanamid as provided for
Directive.

in Article 6(4) of

the

The assessment report prepared by Spain has been
reviewed by the Member States and the Commission
within the Standing Committee on Plant Health. This
review was finalised on 27 April 2001 in the format of a
Commission review report for chlorfenapyr.

Assessments made on the basis of
information
submitted raised further questions particularly with
regard to the fate and behaviour of the substance in the
environment.

The applicant informed the Commission and the rappor-
teur Member State that it no longer wished to participate
in the programme of work for this active substance, and
therefore no further information will be submitted.

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

is not possible to include this active

it

(6)

(7)

(8)

(9)

(10) A period of grace for disposal, storage, placing on the
market and use of existing stocks of plant protection
products containing chlorfenapyr is not necessary for
this active substance as only Belgium had granted a
provisional authorisation for
this active substance.
Belgium has indicated that this authorisation has now
expired and the active substance was never effectively
placed on the market in Belgium.

(11)

(12)

This decision does not prejudice any action the Commis-
sion may undertake at a later stage for this active
substance within the framework of Council Directive
79/117/EEC (4).

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

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

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

L 249/20

EN

Official Journal of the European Communities

19.9.2001

Member States shall ensure that from the date of adoption of the present Decision no provisional
authorisations for plant protection products containing chlorfenapyr are granted as provided for in Article
8(1) of Directive 91/414/EEC.

Article 2

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 5 September 2001.

For the Commission

David BYRNE

Member of the Commission