Commission Directive 2003/79/EC of 13 August 2003 amending Council Directive 91/414/EEC to include Coniothyrium minitans as active substance (Text with EEA relevance)
Date: 2003-08-13
Institutions: European Commission
Subjects: market approval, pesticide, plant health control

L 205/16

EN

Official Journal of the European Union

14.8.2003

COMMISSION DIRECTIVE 2003/79/EC

of 13 August 2003

amending Council Directive 91/414/EEC to include Coniothyrium minitans as active substance

(Text with EEA relevance)

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/
70/EC (2), and in particular Article 6(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

for the inclusion of

In accordance with Article 6(2) of Directive 91/414/EEC
the German authorities received on 10 September 1997
an application from Prophyta GmbH, hereafter referred
to as the applicant,
the active
substance Coniothyrium minitans in Annex I to the Direc-
tive. Commission Decision 98/676/EC (3) confirmed that
the dossier was ‘complete’ in the sense that it could be
considered as satisfying, in principle, the data and infor-
mation requirements of Annexes II and III to Directive
91/414/EEC.

For this active substance, the effects on human health
and the environment have been assessed, in accordance
with the provisions of Article 6(2) and (4) of Directive
91/414/EEC, for the uses proposed by the applicant. The
nominated rapporteur Member State submitted a draft
assessment
report concerning the substance to the
Commission on 13 March 2000.

report was

The draft assessment
reviewed by the
Member States and the Commission within the Standing
Committee on the Food Chain and Animal Health. The
review was finalised on 4 July 2003 in the format of the
Commission review report for Coniothyrium minitans.

The review did not
reveal any open questions or
concerns, which would have required a consultation of
the European Food Safety Authority.

It has appeared from the various examinations made that
plant protection products containing Coniothyrium mini-
tans may be expected to satisfy, in general, the require-
ments laid down in Article 5(1)(a) and (b) of Directive
91/414/EEC in the light of Article 5(3) thereof, in parti-
cular with regard to the uses which were examined and
detailed in the Commission review report. It is therefore
appropriate to include this active substances in Annex I,

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 184, 23.7.2003, p. 9.
(3) OJ L 317, 26.11.1998, p. 47.

in order to ensure that in all Member States the authori-
sations of plant protection products containing this
active substance can be granted in accordance with the
provisions of that Directive.

Although the Uniform Principles have still to be adopted
for micro-organisms, it is appropriate that the Member
States should apply the general provisions of Article 4 of
the Directive when granting authorisations. It is appro-
priate to provide that the finalised review report, except
information within the meaning of
for confidential
Article 14 of Directive 91/414/EEC, is kept available or
made available by the Member States for consultation by
any interested parties.

After inclusion, Member States should be allowed a
reasonable period to implement the provisions of Direc-
tive 91/414/EEC as regards plant protection products
containing Coniothyrium minitans and in particular to
review existing provisional authorisations and, by the
end of
to transform those
authorisations into full authorisations, to amend them or
to withdraw them in accordance with the provisions of
Directive 91/414/EEC.

this period at

the latest,

It is therefore appropriate to amend Directive 91/414/
EEC accordingly.

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

(6)

(7)

(8)

(9)

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 91/414/EEC is amended as set out in the
Annex to this Directive.

Article 2

Member States shall adopt and publish by 30 June 2004 at the
latest the laws, regulations and administrative provisions neces-
sary to comply with this Directive. They shall forthwith inform
the Commission thereof.

They shall apply those provisions from 1 July 2004.

14.8.2003

EN

Official Journal of the European Union

L 205/17

When Member States adopt those provisions, they shall contain
a reference to this Directive or shall be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

the product satisfies the conditions set out in Article 4(1)(b),
(c), (d) and (e) of Directive 91/414/EEC. Where necessary and
by 30 June 2005 at the latest, they shall amend or withdraw
the authorisation for each such plant protection product.

Article 3

Article 4

1. Member States shall review the authorisation for each
plant protection product containing Coniothyrium minitans to
ensure that the conditions relating to this active substance set
out in Annex I to Directive 91/414/EEC are complied with.
Where necessary, they shall amend or withdraw authorisations
in accordance with Directive 91/414/EEC by 30 June 2004 at
the latest.

For each authorised plant protection product containing
2.
Coniothyrium minitans as either the only active substance or as
one of several active substances all of which were listed in
Annex I to Directive 91/414/EEC by 31 December 2004 at the
latest, Member States shall re-evaluate the product on the basis
of a dossier satisfying the requirements of Annex III thereto.
On the basis of that evaluation, they shall determine whether

This Directive shall enter into force on 1 January 2004.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 13 August 2003.

For the Commission

David BYRNE

Member of the Commission

In Annex I the following row is added at the end of the table.

ANNEX

No

Common name,
identification Nos

IUPAC name

Purity (1)

Entry into force

Expiration of inclusion

Specific provisions

‘71

Coniothyrium minitans

Not applicable

Strain
(DSM 9660)

CON/M/91-08

CIPAC No 614

For details on purity and
production control see
Review Report

1 January 2004

31 December 2013

Only uses as fungicide may be authorised.

When granting authorisations,
the
review report on Coniothyrium minitans, and in particular
Appendices I and II thereof, as finalised in the Standing
Committee on the Food Chain and Animal Health on 4
July 2003 shall be taken into account.

the conclusions of

In this overall assessment:
— Member States must pay particular attention to the
operator and worker safety and must ensure that the
conditions of authorisation include appropriate protec-
tive measures.

(1) Further details on identity and specification of active substances are provided in the review report.’

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