2002/949/EC: Commission Decision of 4 December 2002 concerning the non-inclusion of azafenidin in Annex I to Council Directive 91/414/EEC (Text with EEA relevance) (notified under document number C(2002) 4781)
Date: 2002-12-04
Institutions: European Commission
Subjects: dangerous substance, marketing, pharmaceutical product, plant health legislation, plant health product

5.12.2002

EN

Official Journal of the European Communities

L 328/23

COMMISSION DECISION

of 4 December 2002

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

(notified under document number C(2002) 4781)

(Text with EEA relevance)

(2002/949/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/
81/EC (2), and in particular of Article 6(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

In accordance with Article 6(2) of Directive 91/414/EEC
(hereinafter ‘the Directive’) Spain received on 25 June
1997 an application from Du Pont de Nemours (‘the
the active substance
applicant’)
azafenidin (DPX R 6447) in Annex I to the Directive.

for the inclusion of

that

In accordance with the provisions of Article 6(3) of the
Directive the Commission confirmed in its Decision 98/
242/EC (3)
the dossier submitted for azafenidin
could be considered as satisfying, in principle, the data
and information requirements of Annex II and for a
active
plant
substance, of Annex III to the Directive.

containing

protection

product

this

the Directive, an
In accordance with Article 5(1) of
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 azafenidin, 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
nominated rapporteur Member State, submitted a draft
assessment
report concerning the substance to the
Commission on 23 February 2001.

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 276, 12.10.2002, p. 28.
(3) OJ L 96, 28.3.1998, p. 45.

(5)

(6)

(7)

(8)

(9)

(10)

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 Du Pont
de Nemours as provided for in Article 6(4) of the Direc-
tive.

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.

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

is not possible to include this active

it

Any period of grace for disposal, storage, placing on the
market and use of existing stocks of plant protection
products containing azafenidin allowed by Member
States, in accordance with the provisions of Article 8(1)
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.

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).

It is appropriate to provide that the finalised review
report, except for confidential
information, should be
kept available or made available by the Member States
for consultation by any interested parties.

(11)

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

HAS ADOPTED THIS DECISION:

Article 1

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

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

L 328/24

EN

Official Journal of the European Communities

5.12.2002

Article 2

Article 4

Member States shall ensure that:

1. provisional authorisations for plant protection products
containing azafenidin are withdrawn within a period of 6
months from the date of adoption of the present Decision;

Member States shall keep available the review report for azafe-
nidin, except for confidential information within the meaning
of Article 14 of Directive 91/414/EEC, for consultation by any
interested parties or shall make it available to them on specific
request.

2. from the date of adoption of the present Decision no provi-
sional
products
containing azafenidin will be granted under the derogation
provided for in Article 8(1) of Directive 91/414/EEC.

authorisations

protection

plant

for

This Decision is addressed to the Member States.

Article 5

Article 3

Done at Brussels, 4 December 2002.

Any period of grace granted by Member States 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 Commission

David BYRNE

Member of the Commission