Commission Directive 2004/20/EC of 2 March 2004 amending Council Directive 91/414/EEC to include chlorpropham as an active substance (Text with EEA relevance)
Date: 2004-03-02
Institutions: European Commission
Subjects: administrative formalities, confidentiality, exchange of information, marketing standard, plant health product, testing

L 70/32

EN

Official Journal of the European Union

9.3.2004

COMMISSION DIRECTIVE 2004/20/EC

of 2 March 2004

amending Council Directive 91/414/EEC to include chlorpropham as an 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), and in particular Article 6(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

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 (2) establishes a list of active
substances to be assessed, with a view to their possible
inclusion in Annex I to Directive 91/414/EEC. That list
includes chlorpropham.

For chlorpropham, the effects on human health and the
environment have been assessed in accordance with the
provisions laid down in Regulation (EEC) No 3600/92
for a range of uses proposed by the notifiers. Pursuant
to 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
State for the implementation of Commission Regulation
(EEC) No 3600/92 (3), the Netherlands was designated as
rapporteur Member State. The Netherlands submitted
the relevant assessment report and recommendations to
the Commission on 30 April 1996 in accordance with
Article 7(1)(c) of Regulation (EEC) No 3600/92.

This assessment
report has been reviewed by the
Member States and the Commission within the Standing
Committee on the Food Chain and Animal Health.

The review was finalised on 28 November 2003 in the
format of
for chlor-
the Commission review report
propham.

The review for chlorpropham did not reveal any open
questions or concerns, which would have required a
consultation of the Scientific Committee on Plants.

It has appeared from the various examinations made
that plant protection products containing chlorpropham
may be expected to satisfy, in general, the requirements
laid down in Article 5(1)(a) and (b) of Directive 91/414/

EEC, in particular with regard to the uses which were
examined and detailed in the Commission review report.
It is therefore appropriate to include chlorpropham in
Annex I, in order to ensure that in all Member States the
authorisations of plant protection products containing
chlorpropham can be granted in accordance with the
provisions of that directive.

(7)

(8)

(9)

(10)

A reasonable period should be allowed to elapse before
an active substance is included in Annex I in order to
permit Member States and the interested parties to
prepare themselves to meet the new requirements which
will result from the inclusion.

After inclusion, Member States should be allowed a
reasonable period within which to implement the provi-
sions of Directive 91/414/EEC as regards plant protec-
tion products containing chlorpropham, and in particu-
lar, to review existing authorisations to ensure that the
conditions regarding those active substances set out in
Annex I to Directive 91/414/EEC are satisfied. A longer
period should be provided for the submission and assess-
ment of the complete dossier of each plant protection
product in accordance with the uniform principles laid
down in Directive 91/414/EEC.

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

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

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

(1) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commis-

sion Directive 2003/119/EC (OJ L 325, 12.12.2003, p. 41).

(2) OJ L 366, 15.12.1992, p. 10. Regulation as last amended by Regu-

lation (EC) No 2266/2000 (OJ L 259, 13.10.2000, p. 10).

(3) OJ L 107, 28.4.1994, p. 8. Regulation as last amended by Regu-

lation (EC) No 2230/95 (OJ L 225, 22.9.1995, p. 1).

Member States shall adopt and publish by 31 July 2005 at the
latest the laws, regulations and administrative provisions neces-
sary to comply with this Directive. They shall
forthwith
communicate to the Commission the text of those provisions
and a correlation table between those provisions and this Direc-
tive.

9.3.2004

EN

Official Journal of the European Union

L 70/33

They shall apply those provisions from 1 August 2005.

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

ments of Annex III to that Directive. On the basis of that
evaluation, they shall determine whether the product satisfies
the conditions set out in Article 4(1)(b), (c), (d) and (e) of Direc-
tive 91/414/EEC. Where necessary and by 31 January 2009 at
the latest, they shall amend or withdraw the authorisation.

Article 3

Article 4

1. Member States shall review the authorisation for each
plant protection product containing chlorpropham to ensure
that the conditions relating to chlorpropham set out in Annex I
to Directive 91/414/EEC are complied with. Where necessary
and by 31 July 2005 at the latest, they shall amend or with-
draw the authorisation.

2. Member States shall, for each authorised plant protection
product containing chlorpropham 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 January
2005 at the latest, re-evaluate the product in accordance with
the uniform principles provided for in Annex VI to Directive
91/414/EEC, on the basis of a dossier satisfying the require-

This Directive shall enter into force on 1 February 2005.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 2 March 2004.

For the Commission

David BYRNE

Member of the Commission

The following entry shall be added at the end of the table in Annex I to Directive 91/414/EEC:

ANNEX

No

Common name,
identification numbers

‘79

chlorpropham

CAS No 101-21-3

CIPAC No 43

IUPAC name

Purity (1)

Entry into force

Expiration of inclusion

Specific provisions

Isopropyl 3-chlorophe-
nylcarbamate

975 g/kg

1 February 2005

31 January 2015

Only uses as herbicide and sprout suppression may be
authorised.

the implementation of

For
the uniform principles of
Annex VI, the conclusions of the review report on chlor-
propham, and in particular Appendices I and II thereof, as
finalised in the Standing Committee on the Food Chain
and Animal Health on 28 November 2003 shall be taken
into account.
In this overall assessment Member States
should pay particular attention to the protection of opera-
tors, consumers and non-target arthropods. Conditions of
authorisation should include risk mitigation measures,
where appropriate.

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

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