2002/748/EC: Commission Decision of 10 September 2002 amending Decision 98/676/EC as regards fluazolat (Text with EEA relevance) (notified under document number C(2002) 3324)
Date: 2002-09-10
Institutions: European Commission
Subjects: dangerous substance, health control, marketing, pharmaceutical product, plant health product, public health

11.9.2002

EN

Official Journal of the European Communities

L 243/19

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 10 September 2002

amending Decision 98/676/EC as regards fluazolat

(notified under document number C(2002) 3324)

(Text with EEA relevance)

(2002/748/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/
37/EC (2), and in particular Article 6(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

In accordance with Article 6(2) of Directive 91/414/EEC,
the United Kingdom received on 29 September 1997 an
application from Twinagro Ltd. for the inclusion of the
active substance fluazolat in Annex I to Directive 91/
414/EEC.

Commission Decision 98/676/EC (3) confirmed that, on
preliminary examination, the dossier was complete in
in
the sense that it could be considered as satisfying,
principle,
the data and information requirements of
Annex II and Annex III to Directive 91/414/EEC.

Member States were thereby given the possibility to
grant provisional authorisations for plant protection
products containing fluazolat, in accordance with Article
8(1) of Directive 91/414/EEC. No Member State has used
this possibility.

The United Kingdom, as rapporteur Member State, has
indicated to the Commission that a detailed examination
of the dossier revealed that several additional items of
data were still required under Annexes II and III of Direc-
tive 91/414/EEC, in particular in relation to the environ-
mental fate of the active substance and its degradation

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 117, 4.5.2002, p. 10.
(3) OJ L 317, 26.11.1998, p. 47.

products. Accordingly,
considered to be complete.

the dossier can no longer be

The applicant has informed the United Kingdom and the
Commission of its intention not to support the ongoing
evaluation any further and not to submit further data on
the active substance or its degradation products. As a
result, it is clear that the dossier will not be completed
and that
thus be impossible for the United
Kingdom to draft an assessment report concerning flua-
zolat and distribute it to the Commission and other
Member States. The possibility of granting provisional
authorisation for fluazolat should therefore be with-
drawn.

it will

No period of grace for disposal, storage, placing on the
market and use of existing stocks of plant protection
products containing fluazolat is necessary as no Member
State has granted a provisional authorisation for this
active substance.

Decision 98/676/EC should therefore be
accordingly.

amended

The measure provided for in this Decision is in accor-
dance with the opinion of the Standing Committee on
the Food Chain and Animal Health,

(5)

(6)

(7)

(8)

HAS ADOPTED THIS DECISION:

Article 1

In Article 1 of Decision 98/676/EC, point 4 is deleted.

L 243/20

EN

Official Journal of the European Communities

11.9.2002

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 10 September 2002.

For the Commission

David BYRNE

Member of the Commission