2002/479/EC: Commission Decision of 20 June 2002 concerning the non-inclusion of fentin hydroxide in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing this active substance (Text with EEA relevance) (notified under document number C(2002) 2207)
Date: 2002-06-20
Institutions: European Commission
Subjects: chemical salt, market approval, marketing, pharmaceutical product, plant health product

22.6.2002

EN

Official Journal of the European Communities

L 164/43

COMMISSION DECISION

of 20 June 2002

concerning the non-inclusion of fentin hydroxide 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(2002) 2207)

(Text with EEA relevance)

(2002/479/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 2002/
18/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 im-
plementation of the first stage of the program 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 2266/2000 (4), and in par-
ticular 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
examination of the active substances used in plant pro-
tection products which were already on the market on
15 July 1993. Detailed rules for the carrying out of this
programme were established in Commission Regulation
(EEC) No 3600/92.

Commission Regulation (EC) No 933/94 of 27 April
1994 laying down the active substances of plant protec-
tion products and designating the rapporteur Member
States for the implementation of Commission Regulation
(EEC) No 3600/92 (5), as last amended by Regulation
(EC) No 2230/95 (6), has designated the active substances
which should be assessed in the framework of Regula-
tion (EEC) No 3600/92, designated a Member State to
act as rapporteur in respect of the assessment of each
substance and identified the producers of each active
substance who submitted a notification in due time.

Fentin hydroxide is one of the 90 active substances de-
signated in Regulation (EC) No 933/94.

In accordance with Article 7(1)(c) of Regulation (EEC)
No 3600/92, the United Kingdom, being the designated

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 55, 26.2.2002, p. 29.
(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.

rapporteur Member State, submitted on 11 November
1996 to the Commission the report of its assessment of
the information submitted by the notifiers in accordance
with Article 6(1) of that Regulation.

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 main notifier
(Agrevo, now Aventis) as provided for in Article 7(3) of
Regulation (EEC) No 3600/92.

The assessment report prepared by the United Kingdom
has been reviewed by the Member States and the Com-
mission within the Standing Committee on Plant Health.
This review was finalised on 7 December 2001 in the
format of the Commission review report for fentin hy-
droxide, in accordance with Article 7(6) of Regulation
(EEC) No 3600/92.

Assessments made on the basis of the information sub-
mitted have not demonstrated that it may be expected
that, under the proposed conditions of use, plant protec-
tion products containing fentin hydroxide satisfy in gen-
eral the requirements laid down in Article 5(1)(a) and (b)
of Directive 91/414/EEC, in particular with regard to the
safety of operators potentially exposed to fentin hydro-
xide and with regard to its possible impact on non-target
organisms.

Fentin hydroxide should therefore not be included in An-
nex I to Directive 91/414/EEC.

Measures should be taken to ensure that existing authori-
sations for plant protection products containing fentin
hydroxide will be withdrawn within a certain period and
will not be renewed and that no new authorisations for
such products will be granted.

(5)

(6)

(7)

(8)

(9)

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

L 164/44

EN

Official Journal of the European Communities

22.6.2002

(11)

This decision does not prejudice any action the Commis-
sion may undertake at a later stage for this active sub-
stance within the framework of Council Directive 79/
117/EEC of 21 December 1978 prohibiting the placing
on the market and use of plant protection products con-
taining certain active substances (1), as last amended by
the Act of Accession of Austria, Finland and Sweden.

(12)

The measures provided for in this Decision are in accor-
dance with the opinion of the Standing Committee on
Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

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

2. from the date of adoption of this Decision no authorisations
for plant protection products containing fentin hydroxide
will be granted or renewed under the derogation provided
for in Article 8(2) of Directive 91/414/EEC.

Article 3

Any period of grace granted by 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 this Decision.

Article 4

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 20 June 2002.

Member States shall ensure that:

1. authorisations for plant protection products containing fen-
tin hydroxide are withdrawn within a period of six months
from the date of adoption of this Decision;

For the Commission

David BYRNE

Member of the Commission

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