Commission Directive 2004/64/EC of 26 April 2004 amending Commission Directive 2003/84/EC as regards time limits (Text with EEA relevance)
Date: 2004-04-26
Institutions: European Commission
Subjects: market approval, plant health product

L 125/42

EN

Official Journal of the European Union

28.4.2004

COMMISSION DIRECTIVE 2004/64/EC

of 26 April 2004

amending Commission Directive 2003/84/EC as regards time limits

(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)

Commission Directive 2003/84/EC (2) amends Council
Directive 91/414/EEC to include flurtamone, flufenacet,
iodosulfuron, dimethenamid-p, picoxystrobin, fosthiazate
and silthiofam as active substances in Annex I to that
Directive.

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

The timelines for the implementation given in Directive
2003/84/EEC are not in line with the timelines given for
other new active substances. In order to harmonise the
approach for all substances under the current review
phase, any considerable difference between the timelines
applicable for different new active substances should be
avoided.

It is therefore appropriate to amend Directive 2003/84/
EC 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

Article 3 of Directive 2003/84/EC is amended as follows:

Paragraph 2 is replaced by the following:

For

each authorised plant protection product
‘2.
containing flurtamone, flufenacet,
iodosulfuron, dimethe-
namid-p, picoxystrobin, fosthiazate or silthiofam 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 2003 at the latest, Member
States shall 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-
ments of Annex III to that Directive. On the basis of that
evaluation, they shall determine whether the product satis-
fies the conditions set out in Article 4(1)(b), (c), (d) and (e)
of Directive 91/414/EEC.

Following that determination Member States shall:

(a) in the case of a product containing flurtamone, flufe-
nacet,
iodosulfuron, dimethenamid-p, picoxystrobin,
fosthiazate or silthiofam as the only active substance,
where necessary, amend or withdraw the authorisation
by 30 June 2005 at the latest; or

(b) in the case of a product containing flurtamone, flufe-
iodosulfuron, dimethenamid-p, picoxystrobin,
nacet,
several active
silthiofam as one of
fosthiazate or
substances, where necessary, amend or withdraw the
authorisation by 30 June 2005 or by the date fixed for
such an amendment or withdrawal
in the respective
Directive or Directives which added the relevant
substance or substances to Annex I to Directive 91/
414/EEC, whichever is the latest.’

Article 2

This Directive shall enter into force on the twentieth day after
the date of publication.

Article 3

This Directive is addressed to the Member States.

Done at Brussels, 26 April 2004.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 230, 19.08.1991, p. 1. Directive as last amended by Commis-

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

(2) OJ L 247, 30.9.2003, p. 20.