2004/401/EC: Commission Decision of 26 April 2004 concerning the non-inclusion of mefluidide in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing this substance (Text with EEA relevance) (notified under document number C(2004) 1513)
Date: 2004-04-26
Institutions: European Commission
Subjects: market approval, plant health product, withdrawal from the market

27.4.2004

EN

Official Journal of the European Union

L 123/109

COMMISSION DECISION

of 26 April 2004

concerning the non-inclusion of mefluidide in Annex I to Council Directive 91/414/EEC and the
withdrawal of authorisations for plant protection products containing this substance

(notified under document number C(2004) 1513)

(Text with EEA relevance)

(2004/401/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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.

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,

(4)

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

Whereas:

(1)

(2)

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 of 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.

the third stage of

Regulations (EC) No 451/2000 (2) and (EC) No 1490/
2002 (3) lay down the detailed rules for the implementa-
tion of
the programme of work
referred to in Article 8(2) of Directive 91/414/EEC. For
active substances for which a notifier fails to fulfil its
obligations under the Regulation no completeness check
or evaluation of the dossier shall be performed. For
mefluidide the notifier has not submitted by 23 May
2003 the necessary data lists. Therefore this active
substance should not be included in Annex I to Directive
91/414/EEC and Member States should withdraw all
authorizations for plant protection products containing
mefluidide.

(3)

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,

it

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

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

(2) OJ L 55, 29.2.2000, p. 25. Regulation as last amended by Regu-

lation (EC) No 1044/2003 (OJ L 151, 19.6.2003, p. 32).

(3) OJ L 224, 21.8.2002, p. 23. Regulation as amended by Regulation

(EC) No 1044/2003.

HAS ADOPTED THIS DECISION:

Article 1

Mefluidide shall not be included in Annex I
91/414/EEC.

to Directive

Article 2

Member States shall ensure that:

1. Authorisations for plant protection products containing

mefluidide are withdrawn by 26 October 2004;

2. from 27 April 2004 no authorisations for plant protection
products containing mefluidide are granted or renewed
under the derogation provided for in Article 8(2) of Direc-
tive 91/414/EEC.

Article 3

Any period of grace granted by Member States in accordance
with the provisions of Article 4(6) of Directive 91/414/EEC,
shall be as short as possible and shall expire not later than 26
October 2005.

L 123/110

EN

Official Journal of the European Union

27.4.2004

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 26 April 2004.

For the Commission

David BYRNE

Member of the Commission