Commission Regulation (EC) No 835/2004 of 28 April 2004 adapting Regulation (EC) No 2076/2002 and Decisions 2002/928/EC, 2004/129/EC, 2004/247/EC and 2004/248 as regards the continued use of certain active substances not included in Annex I to Directive 91/414/EEC, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (Text with EEA relevance)
Date: 2004-04-28
Institutions: European Commission
Subjects: dangerous substance, market approval, marketing, pharmaceutical product, plant health product, withdrawal from the market

29.4.2004

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COMMISSION REGULATION (EC) No 835/2004

of 28 April 2004

adapting Regulation (EC) No 2076/2002 and Decisions 2002/928/EC, 2004/129/EC, 2004/247/EC
and 2004/248 as regards the continued use of certain active substances not included in Annex I to
Directive 91/414/EEC, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

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 57 thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 2076/2002 (1) and Commission Decisions 2002/928/EC (2), 2004/
129/EC (3), 2004/247/EC (4) and 2004/248/EC (5) contain provisions for the non-inclusion of certain
active substances in Annex I to Directive 91/414/EEC and for the withdrawal by Member States of
all authorizations for plant protection products containing those active substances. Those acts
provide for derogations permitting the continued use of some of those substances for a limited
period of time while alternatives are being developed.

It is necessary to adapt that Regulation and those Decisions by reason of the accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (herein-
after referred to as new Member States), since such derogations are required for the new Member
States.

Regulation (EC) No 2076/2002 and Decisions 2002/928/EC, 2004/129/EC, 2004/247 and 2004/
248/EC should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EC) No 2076/2002 is amended in accordance with the Annex to this Regulation.

Article 2

Decision 2002/928/EC is amended as follows:

1. In Article 2 the following point c) is added:

‘(c) in relation to the uses listed in column C of the Annex, a Member State specified in column B may
maintain in force authorisations for plant protection products containing benomyl until 30 June
2007 provided that it:

(i) ensures that such plant protection products remaining on the market are relabelled in order to

match the restricted use conditions;

(1) OJ L 319, 23.11.2002, p. 3. Regulation as amended by Regulation (EC) Nr. 1336/2003, 26.7.2003, p. 21.
(2) OJ L 322, 27.11.2002, p. 53.
(3) OJ L 37, 10.2.2004, p. 27.
(4) OJ L 78, 16.3.2004, p. 50.
(5) OJ L 78, 16.3.2004, p. 53.

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(ii) imposes all appropriate risk mitigation measures to reduce any possible risks in order to ensure

the protection of human and animal health and the environment; and

(iii) ensures that alternative products or methods for such uses are being seriously sought, in par-

ticular, by means of action plans.

The Member State concerned shall inform the Commission on 31 December 2004 at the latest on
the application of this paragraph and in particular on the actions taken pursuant to points (i), (ii)
and (iii) and provide on a yearly basis estimates of the amounts of benomyl used in accordance
with this point.’

2. Article 3 is replaced by the following:

‘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:
(a) for the uses for which the authorisation is to be withdrawn within a period of six months from the
adoption of the present Decision expire not later than 18 months from the adoption of the present
Decision;

(b) for the uses for which the authorisation is to be withdrawn by 30 June 2007, shall expire not later

than 31 December 2007.’

3. The following Annex is added:

‘Annex

Column A

Column B

Active substance

Member State

Column C

Use

Benomyl

Slovakia

Lentil, tobacco, sugar beet, rye’

In Annex II to Decision 2004/129/EC at the end of the entry for methidathion the following lines are
added:

Article 3

Cyprus

Slovakia

citrus and olive, winter application in deciduous fruit trees

Apple, apricot, grape, pear, peach, plum, ornamentals

In the Annex to Decision 2004/247/EC the following line is added:

Article 4

Poland

Asparagus, rhubarb, fruit (apple, pear, apricot, peach, plum, cherry, walnut, currant,
gooseberry, raspberry, grape, strawberry)

In the Annex to Decision 2004/248/EC the following lines are added:

Article 5

Hungary

Poland

Maize

Maize

This Regulation shall enter into force subject to and on the date of entry into force of the Treaty of Acces-
sion of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and
Slovakia.

Article 6

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

Done at Brussels, 28 April 2004.

For the Commission

David BYRNE

Member of the Commission

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In Annex II to Regulation (EC) No 2076/2002 the following lines are added:

ANNEX

‘Azaconazole

Bensultap

Bromopropylate

Chlorfenvinphos

Cyanazine

Cycloate

Dichlorprop

Fenuron

Poland

Hungary

Poland

Cyprus

Poland

Latvia

tomato, wound treatment of trees

Potato, sugar beet, cereals, strawberry, poppy, bean,
berries

Potatoes

Citrus

Mushroom

oil seed rape

Czech Republic

Vining peas

Estonia

Lithuania

Poland

Hungary

Hungary

oil seed rape

oilseed rape

Red beet, spinach

Cereals, grasses

Sunflower

Furathiocarb

Czech Republic

Seed treatment of bean, purple clover, Dutch clover,
flax, poppy, cucumber, lucerne, Brassica vegetables

Hexazinone

Hungary

Czech Republic

Imazapyr

Iminoctadine

Naptalam

Oxine-copper

Oxycarboxin

Slovakia

Estonia

Latvia

Lithuania

Poland

Slovakia

Poland

Slovakia

Poland

Czech Republic

Hungary

Hungary

Cyprus

Forestry

Forestry

Forestry

non-crop land

non-crop land
forestry production for treatment of sites prior to re-
stocking

non-crop land

non-crop land

non-crop land

Tree nurseries

Cucumber

Cucumber, pumpkin, zucchini

Cucumber

Cucumber

Cereals (seed dressing)

Ornamentals, flowers and turf grass, beans

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Prometryne

Terbacil

Terbufos

Terbutryn

Thiocyclam

Hungary

Slovakia

Latvia

Cyprus

Estonia

Poland

Lithuania

Poland

Hungary

Slovakia

Cyprus

Sunflower, potato, carrot, lentil, herbs, sunflower

Buckwheat, strawberry, dill, lentil

carrots, celery, parsley, leek, garlic, onion, caraway

Carrots, celery, peas, onions, garlic, parsley, coriander,
leek, lentils and umbellifer herbs

peas, beans, carrots, celery, parsley, caraway,
onion, garlic

leek,

leek, garlic,
Carrot, parsley, parsnip, celeriac, dill,
onion, pea, broad bean,
lentils, coriander, caraway,
common madder, peppermint and other herbaceous
plants, gladiolus, tulip, rosa

Peas, beans, vetch, caraway, lupine, carrots

Peppermint

Maize, sugarbeet, cereals, sunflower, soybean

horse bean, green pea

Potatoes, beans, celery, cucumbers, melons, waterme-
lons, pumpkins, ornamentals

Triforine

Czech Republic

Chives (seed production) and chrysanthemum’