2004/129/EC: Commission Decision of 30 January 2004 concerning the non-inclusion of certain active substances in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (Text with EEA relevance) (notified under document number C(2004) 152)
Date: 2004-01-30
Institutions: European Commission
Subjects: marketing restriction, marketing standard, plant health product, toxic substance

10.2.2004

EN

Official Journal of the European Union

L 37/27

COMMISSION DECISION

of 30 January 2004

concerning the non-inclusion of certain active substances in Annex I to Council Directive 91/414/
EEC and the withdrawal of authorisations for plant protection products containing these
substances

(notified under document number C(2004) 152)

(Text with EEA relevance)

(2004/129/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/
119/EC (2), and in particular the fourth subparagraph of Article
8(2) thereof,

(4)

(5)

Whereas:

(1)

(2)

(3)

Article 8(2) of Directive 91/414/EEC provides that a
Member State may, during a period of 12 years
following the notification of that Directive, authorise the
placing on the market of plant protection products
containing active substances not listed in Annex I to that
Directive that are already on the market two years after
the date of notification, while those substances are
gradually being examined within the framework of a
programme of work.

Commission Regulation (EC) No 1112/2002 (3)
lays
down the detailed rules for the implementation of the
fourth stage of the programme of work referred to in
Article 8(2) of Directive 91/414/EEC. The
active
substances of the fourth stage for which a commitment
to further prepare the necessary dossier has not been
notified should not be included in Annex I to Directive
91/414/EEC and Member States should withdraw all
authorisations for plant protection products containing
such active substances. Annex I to this Decision lists
active substances which fall into this category.

substances

Commission Regulations (EC) No 451/2000 (4) and (EC)
No 1490/2002 (5) lay down the detailed rules for the
implementation of the second and third stages of the
programme of work referred to in Article 8(2) of Direc-
tive 91/414/EEC. Active
for which no
complete dossier has been submitted or for which noti-
fiers have declared that no dossier will be submitted
within the prescribed time limit should not be included
in Annex I to Directive 91/414/EEC and Member States
should withdraw all authorisations for plant protection
products containing such active substances. Annex I to
this Decision lists active substances which fall into this
category.

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 325, 12.12.2003, p. 41.
(3) OJ L 168, 27.6.2002, p. 14.
(4) OJ L 55, 29.2.2000, p. 25.
(5) OJ L 224, 21.8.2002, p. 23.

For some of those active substances information has
been presented and evaluated by the Commission
together with Member State experts which has shown a
need for further use of the substances concerned.
In
those cases temporary measures should be provided for
to enable the development of alternatives.

For the active substances for which there is only a short
period of advance notice for the withdrawal of plant
is
protection products containing such substances,
reasonable to provide for a period of grace for disposal,
storage, placing on the market and use of existing stocks
for a period no longer than 12 months to allow existing
stocks to be used in no more than one further growing.
In cases where a longer advance notice period is
provided, such period can be shortened to expire at the
end of the growing season.

it

(6)

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

HAS ADOPTED THIS DECISION:

Article 1

The active substances listed in Annex I to this Decision shall
not be included in Annex I to Directive 91/414/EEC.

Article 2

1. Member States shall ensure that authorisations for plant
protection products containing the active substances listed in
Annex I to this Decision are withdrawn by 31 March 2004 at
the latest.

2.
By derogation from paragraph 1, Member States listed in
column B of Annex II may maintain authorisations for plant
protection products containing substances listed in column A
of that Annex for uses listed in column C of that Annex until
30 June 2007 at the latest, to permit the development of an
efficient alternative for the substance concerned.

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Official Journal of the European Union

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Member States making use of the derogation provided for in
the first subparagraph shall ensure that the following condi-
tions are complied with:

Where authorisations shall be withdrawn in accordance with
Article 2(1) by 31 March 2004 at the latest, the period shall
expire on 31 December 2004 at the latest.

(a) the continued use is only accepted so far as it has no
harmful effect on human or animal health and no unaccep-
table influence on the environment;

(b) such plant protection products remaining on the market
after 31 March 2004 are relabelled in order to match the
restricted use conditions;

(c) all appropriate risk mitigation measures are imposed to

reduce any possible risks;

(d) alternatives for such uses are being seriously sought.

The Member State concerned shall inform the Commis-
3.
sion about the measures taken in application of paragraph 2,
and in particular about the actions taken pursuant to points (a)
to (d), by 31 December 2004 at the latest.

Article 3

Any period of grace granted by Member States in accordance
with Article 4(6) of Directive 91/414/EEC shall be as short as
possible.

Where authorisations shall be withdrawn in accordance with
Article 2(2) by 30 June 2007 at the latest, the period shall
expire on 31 December 2007 at the latest.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 30 January 2004.

For the Commission

David BYRNE

Member of the Commission

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Official Journal of the European Union

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ANNEX I

List of active substances referred to in Article 1

PART A

Substance covered by Commission Regulation (EC) No 703/2001 (second stage of the programme of work)

Methidathion

Substances covered by Commission Regulation (EC) No 1490/2002 (third stage of the programme of work)

PART B

Cinosulfuron

Clofencet

Chlorflurenol

Flamprop-M

Flurenol

Hexaflumuron

Imazethapyr

Nuarimol

Primisulfuron

Pretilachlor

Quinclorac

Streptomycine

Tridemorph

Triadimefon

PART C

Substances covered by Commission Regulation (EC) No 1112/2002 (fourth stage of the programme of work)

A. Chemical active substances

(4E-7Z)-4,7-Tridecadien-1-yl-acetate

(4Z-9Z)-7,9-Dodecadien-1-ol

Boric acid

Bromethalin

Calciferol

(E)-10-Dodecenyl acetate

Calcium cyanide

(Z)-3-Methyl-6-isopropenyl-3,4-decadien-1-yl acetate

Calcium oxide

(Z)-3-Methyl-6-isopropenyl-9-decen-1-yl acetate

Calcium phosphate

(Z)-5-Dodecen-1-yl acetate

Chlorhydrate of poly (imino imido biguanidine)

(Z)-7-Tetradecanole

(Z)-9-Tricosene

(Z,Z) Octadienyl acetate

2-Propanol

3,7-Dimethyl-2,6-octadienal

4-chloro-3-methylphenol

7,8-Epoxi-2-methyl-octadecane

Chlorophylline

Cholecalciferol

Choline chloride

Corn steep liquor

Coumachlor

Coumafuryl

Coumatetralyl

7-Methyl-3-methylene-7-octene-1-yl-propionate

Crimidine

Acridinic bases

Difethialone

Alkyldimethybenzyl ammonium chloride

Dioctyldimethyl ammonium chloride

Alkyldimethylethylbenzyl ammonium chloride

Ammonium hydroxide

Ammonium sulphate

Barium nitrate

Biphenyl

Diphacinone

Ethanethiol

Ethylhexanoate

Flocumafen

Fluoroacetamide

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Hydrogen cyanide

Isoval

Lactic acid

Lauryldimethylbenzylammonium bromide

Lauryldimethylbenzylammonium chloride

Lime phosphate

Methyl-trans-6-nonenoate

Naphtalene

Nitrogen

Octyldecyldimethyl ammonium chloride

Onion extract

Papaine

p-Cresyl acetate

p-Dichlorobenzene

Pherodim

Phosphoric acid

Plant oils/Coconut oil

Plant oils/Maize oil

Plant oils/Peanut oil

Potassium sorbate

Pronumone

Propionic acid

Pyranocumarin

Sebacic acid

Serricornin

Sodium carbonate

Sodium chloride

Sodium cyanide

Sodium dimethylarsinate

Sodium hydroxide

Sodium o-benzyl-p-chlorphenoxide

Sodium propionate

Sodium p-t-amylphenoxide

Sodium tetraborate

Soybean extract

Soybean oil, epoxylated

Strychnine

Tar oils

Thallium sulphate

Thiourea

trans-6-Nonen-1-ol

Trimedlure

B. Micro-organisms

Aschersonia aleyrodis

Agrotis segetum granulosis virus

Quaternary ammonium compounds

Mamestra brassica nuclear polyhedrosis virus

Scilliroside

Tomato mosaic virus

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ANNEX II

List of authorisations referred to in Article 2(2)

Column A

Column B

Active substance

Member State

Column C

Use

Alkyldimethylbenzyl ammo-
nium chloride

Belgium

Disinfection of mushroom growth chambers and equip-
ment

Cinosulfuron

Flamprop-M

Hexaflumuron

Methidathion

Pretilachlor

Quinclorac

Triadimefon

Spain

Italy

Austria

Denmark

Portugal

Spain

France

Germany

Italy

Portugal

Spain

Greece

France

Italy

Spain

Greece

Portugal

Italy

Sweden

Rice

Rice

Spring wheat, Spring barley, Winter wheat, Winter barley

Spring barley

Citrus

Pinus

Apple, pear, plum, citrus

Oil rape seed

Olives

Apple, pear, peach, olives, vines, citrus, mango and custard
apple

Citrus, olives

Olives, apples, pears

Rice

Rice

Rice

Rice

Rice

Rice

Field grown strawberries

Tomatoes and cucumbers under glass