Commission Regulation (EC) No 771/2004 of 23 April 2004 laying down transitional measures with regard to continued use of plant protection products containing certain active substances following the accession of new Member States to the European Union (Text with EEA relevance)
Date: 2004-04-23
Institutions: European Commission
Subjects: market approval, plant health product

27.4.2004

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 771/2004

of 23 April 2004

laying down transitional measures with regard to continued use of plant protection products
containing certain active substances following the accession of new Member States to the
European Union

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

Several new Member States have informed the Commis-
sion that there are active substances on their market
which were not on the market in the current Member
States.
these active
substances may remain on the market in order to allow
them to be reviewed in the fourth phase of the review
programme.

is appropriate to provide that

It

the Czech
Having regard to the Treaty of Accession of
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia, and in particular Article 2(3)
thereof,

(5)

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

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia, and in particular Article 42 thereof,

HAS ADOPTED THIS REGULATION:

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 the fourth subparagraph of
Article 8(2) thereof,

Article 1

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 2076/2002 (2) and
Commission Decision 2002/928/EC (3), contain provi-
sions for the non-inclusion of certain active substances
in Annex I to Directive 91/414/EEC and for the with-
drawal by Member States of all authorisations for plant
protection products containing those active substances.

Hungary applied for transitional measures for certain
active substances in order to ensure that the production
may be phased out gradually or that a dossier satisfying
the requirements of Directive 91/414/EEC may be
presented.

Any transitional measure necessary to facilitate the tran-
sition from the existing regime in the new Member
States to that resulting from the application of phytosa-
nitary rules shall be limited to a period of three years
following the date of accession.

The Member State specified in column B of Annex I shall
ensure
for plant protection products
containing the active substances listed in column A are with-
drawn at the latest by the date listed in column C.

that authorisations

It shall ensure that the continued use is only accepted as far as
it does not have any harmful effect on human or animal health
and no unacceptable influence on the environment.

Article 2

Member States may authorise or authorise again the placing on
the market of plant protection products containing the active
substances referred to in Annex II until 30 April 2007, unless a
decision is taken before that date not to include the active
substance in Annex I to Directive 91/414/EEC.

Article 3

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

sion Directive 2004/30/EC, (OJ L 77, 13.3.2004, p. 50).

(2) OJ L 319, 23.11.2002, p. 3. Regulation as last amended by Regu-

lation (EC) Nr. 1336/2003, (OJ L 187, 26.7.2003, p. 21).

(3) OJ L 322, 27.11.2002, p. 53.

This Regulation shall take effect subject to and on the date of
entry into force of
the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia.

the Treaty of Accession of

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 April 2004.

For the Commission

David BYRNE

Member of the Commission

ANNEX I

List referred to in Article 1

Column A
Active substance

Column B
Member State

benomyl

beta-cypermethrin

butylate

cycloate

EPTC (ethyl dipropylthiocarbamate)

Hungary

Hungary

Hungary

Hungary

Hungary

Column C
Date

31.12.2005

31.12.2005

30.4.2006

30.4.2006

30.4.2006

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ANNEX II

— (1R)-1,3,3-trimethyl-4,6-dioxatricyclo[3.3.1.02,7]nonane (lineatin)

— (3-benzyloxycarbonyl-methyl)-2-benzothiazolinone (benzolinone)

— (E)-2-Methyl-6-methylene-2,7-octadien-1-ol (myrcenol)

— (E)-2-Methyl-6-methylene-3,7-octadien-2-ol (isomyrcenol)

— (E,Z)-8,10-tetradecadienyl

— 1, 3, 5-tir-(2-hydroxyethyl)-hexa-hydro-s-triazyne

— 1-Methoxy-4-propenylbenzene (anethole)

— 1-Methyl-4-isopropylidenecyclohex-1-ene (terpinolene)

— 2,6,6-Trimethylbicyclo[3.1.1]hept-2-ene (alpha-pinen)

— 2-ethyl-1,6-dioxaspiro (4,4) nonan (chalcogran)

— 2-hydroxyethyl butyl sulfide

— 2-Mercaptobenzothiazole

— 2-methoxy-5-nitrofenol sodium salt

— 2-methoxypropan-1-ol

— 2-methoxypropan-2-ol

— 2-Methyl-6-methylene-2,7-octadien-4-ol (ipsdienol)

— 2-Methyl-6-methylene-7-octen-4-ol (ipsenol)

— 3,7,7-Trimethylbicyclo[4.1.0]hept-3-ene (3-carene)

— 3-Methyl-3-buten-1-ol

— 3-phenyl-2-propenal (cinnamaldehyde)

— 4,6,6-Trimethyl-bicyclo[3.1.1]hept-3-en-ol,((S)-cis-verbenol)

— Agrobacterium radiobacter K 84

— asphalts

— Bacillus subtilis strain IBE 711

— Baculovirus GV

— benzothiadiazole

— biohumus

— calcium carbonate

— calcium polysulphid

— carbon monoxide

— casein

— Chinin hydrochlorid

— citrus extract/grapefruit extract

— conifer needle powder

— Copper complex: 8-hydroxyquinolin with salicylic acid

— cumylphenol

— di-1-p-menthene

— dodecan-1-yl acetate

— ethanedial (glyoxal)

— Ethyl 2,4-decadienoate

— extract from the plants red oak, Prickly pear cactus, fragrant sumac, red mangrove

— extract from Menta piperata

— extract from Equisetum

— extract from tea tree

— fat distillation residues

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— Fatty acids/isobutyric acid

— Fatty acids/isovaleric acid

— Fatty acids/lauric acid

— Fatty acids/valeric acid

— flufenzin

— flumetsulam

— garlic pulp

— hexamethylene tetramine (urotropin)

— ichthyol complex

— iron pyrophosphate

— jasmonic acid

— lactofen

— lanolin

— Methyl p-hydroxybenzoate

— milk albumin

— mustard powder

— N-phenylphthalamic acid

— olein

— p-Hydroxybenzoic acid

— polyvinyl acetate

— propisochlor

— propolis

— Pythium oligandrum

— repellent (by taste) of vegetal and animal origin/extract of food grade/phosphoric acid and fish flour

— repellents (by smell) of animal or plant origin/tall oil

— resins