2003/166/EC: Commission Decision of 10 March 2003 concerning the non-inclusion of parathion-methyl 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(2003) 724)
Date: 2003-03-10
Institutions: European Commission
Subjects: dangerous substance, pharmaceutical product, plant health product, withdrawal from the market

L 67/18

EN

Official Journal of the European Union

12.3.2003

COMMISSION

COMMISSION DECISION

of 10 March 2003

concerning the non-inclusion of parathion-methyl 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(2003) 724)

(Text with EEA relevance)

(2003/166/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 2003/
5/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 Regulation (EC) No 2266/
2000 (4), and in particular Article 7(3A)(b) thereof,

Whereas:

(1)

(2)

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
protection products which were already on the market
on 25 July 1993. Detailed rules for the carrying out of
this programme were established in 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), 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.

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 8, 14.1.2003, p. 7.
(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.

(3)

(4)

(5)

(6)

(7)

(8)

(9)

Parathion-methyl
designated in Regulation (EC) No 933/94.

is one of

the 89 active substances

In accordance with Article 7(1)(c) of Regulation (EEC)
No 3600/92,
Italy, being the designated rapporteur
Member State, submitted on 5 April 2001 to the
Commission the report of its assessment of the informa-
tion 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 as
provided for in Article 7(3) of Regulation (EEC) No
3600/92.

The assessment
report prepared by Italy has been
reviewed by the Member States and the Commission
within the Standing Committee on the Food Chain and
Animal Health. This review was finalised on 18 October
2002 in the format of the Commission review report for
parathion-methyl,
in accordance with Article 7(6) of
Regulation (EEC) No 3600/92.

the information
Assessments made on the basis of
submitted have not demonstrated that
it may be
expected that, under the proposed conditions of use,
plant protection products containing parathion-methyl
satisfy in general the requirements laid down in Article
5(1)(a) and (b) of Directive 91/414/EEC.

Parathion-methyl should therefore not be included in
Annex I to Directive 91/414/EEC.

Measures should be taken to ensure that existing author-
isations for plant protection products containing para-
thion-methyl are withdrawn within a prescribed period
and are not renewed and that no new authorisations for
such products are granted.

12.3.2003

EN

Official Journal of the European Union

L 67/19

Member States shall ensure that:

Article 2

(a) authorisations for plant protection products containing
parathion-methyl are withdrawn within a period of six
months from the date of adoption of the present Decision,

(b) from the date of adoption of

the present Decision no
authorisations for plant protection products containing
parathion-methyl are granted or renewed under the deroga-
tion provided for in Article 8(2) of Directive 91/414/EEC.

Article 3

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.

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 10 March 2003.

For the Commission

David BYRNE

Member of the Commission

(10) Any period of grace for disposal, storage, placing on the
market and use of existing stocks of plant protection
products
by
Member States, in accordance with Article 4(6) of Direc-
tive 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.

parathion-methyl

containing

allowed

(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 Direc-
tive 79/117/EEC of 21 December 1978 prohibiting the
placing on the market and use of plant protection
products containing 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
the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

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

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