2004/409/EC:Commission Decision of 26 April 2004 recognising in principle the completeness of the dossiers submitted for detailed examination in view of the possible inclusion of ethaboxam in Annex I to Council directive 91/414/EEC
Date: 2004-04-26
Institutions: European Commission
Subjects: United Kingdom, application of EU law, marketing standard, pharmaceutical product, plant health product, report, testing

30.4.2004 

EN 

Official Journal of the European Union 

L 151/25

COMMISSION DECISION 

of 26 April 2004 

recognising in principle the completeness of the dossiers submitted for detailed 
examination in view of the possible inclusion of ethaboxam in Annex I to Council 
directive 91/414/EEC 

(notified under document number C(2004) 1526) 

(Text with EEA relevance) 

(2004/409/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 on the market1, and in particular Article 6(3) thereof, 

Whereas: 

(1) 

Directive 91/414/EEC  provides  for  the  development  of  a  Community  list  of  active 

substances authorised for incorporation in plant protection products. 

(2) 

A dossier for the active substance ethaboxam was submitted by LG Life Sciences Ltd. to the 

authorities of the United Kingdom on 30 September 2003 with an application to obtain its 

inclusion in Annex I to Directive 91/414/EEC. 

(3) 

The  authorities  of  the  United  Kingdom  have  indicated  to  the  Commission  that,  on 

preliminary examination, the dossier for the active substance  concerned appears to satisfy 

the  data  and  information  requirements  set  out  in  Annex II  to  Directive  91/414/EC.  The 

1    OJ  L  230,  19.8.1991,  p.  1.  Directive  as  last  amended  by  Commission  Directive  2004/20/EC  (OJ  L  70, 

9.3.2004, p. 32. 

 
 
   
                                                 
L 151/26

EN 

Official Journal of the European Union 

30.4.2004 

dossier submitted appears also to satisfy the data and information requirements set out in 

Annex III to Directive 91/414/EEC in respect of one plant protection product containing the 

active  substance  concerned.  In  accordance  with  Article  6(2)  of  Directive  91/414/EC,  the 

dossier was subsequently forwarded by the applicant to the Commission and other Member 

States, and was referred to the Standing Committee on the Food Chain and Animal Health. 

(4) 

By  this  Decision  it  should  be  formally  confirmed  at  Community  level  that  the  dossier  is 

considered as satisfying in principle the data and information requirements provided for in 

Annex II  and,  for  at  least  one  plant  protection  product  containing  the  active  substance 

concerned, the requirements set out in Annex III to Directive 91/414/EEC.  

(5) 

This Decision should not prejudice the right of the Commission to request the applicant to 

submit further data or information to the Member State designated as Rapporteur in respect 

of a given substance in order to clarify certain points in the dossier.  

(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  dossier  concerning  the  active  substance  identified  in  the  Annex  to  this  Decision, 

which was submitted to the Commission and the Member States with a view to obtaining 

the inclusion of that substance in Annex I to Directive 91/414/EEC, satisfies in principle 

the data and information requirements set out in Annex II to Directive 91/414/EEC.  

The  dossier  also  satisfies  the  data  and  information  requirements  set  out  in  Annex  III  to 

Directive  91/414/EEC  in  respect  of  one  plant  protection  product  containing  the  active 

substance, taking into account the uses proposed. 

Article 2 

The  rapporteur  Member  State  shall  pursue  the  detailed  examination  for  the  dossier 

concerned  and  shall  report  the  conclusion  of  this  examination  accompanied  by  any 

recommendations  on  the  inclusion  or  non-inclusion  of  the  active  substance  concerned  in 

 
 
 
30.4.2004 

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Official Journal of the European Union 

L 151/27

Annex I of Directive 91/414/EEC and any conditions related thereto to the Commission as 

soon as possible. and by  30 April 2005 at the latest.  

This Decision is addressed to the Member States. 

Article 3 

Done at Brussels, 26 April 2004. 

For the Commission 
 David BYRNE 
Member of the Commission 

__________ 

 
 
 
 
 
 
 
L 151/28

EN 

Official Journal of the European Union 

30.4.2004 

ANNEX 

ACTIVE SUBSTANCE CONCERNED BY THIS DECISION 

No 

1 

Common 
CIPAC 
Number 

Name, 
Identification 

Ethaboxam 
CIPAC-No. not yet 
available 

Applicant 

Date of application  Rapporteur 

Member 

State 

LG Life Sciences Ltd. 

30.09.2003 

UK