Commission Directive 2004/97/EC of 27 September 2004 amending Commission Directive 2004/60/EC as regards time limits(Text with EEA relevance)
Date: 2004-09-27
Institutions: European Commission
Subjects: market approval, pesticide, plant health legislation

28.9.2004

EN

Official Journal of the European Union

L 301/53

COMMISSION DIRECTIVE 2004/97/EC

of 27 September 2004

amending Commission Directive 2004/60/EC as regards time limits

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Paragraph 2 is replaced by the following:

‘2.
For each authorised plant protection product containing
quinoxyfen as either the only active substance or as one of
several active substances all of which were listed in Annex I to
the latest,
Directive 91/414/EEC by 31 August 2004 at
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
to that Directive. On the
the requirements of Annex III
they shall determine whether the
basis of that evaluation,
product satisfies 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 quinoxyfen as the only
active substance, where necessary, amend or withdraw the
authorisation by 28 February 2006 at the latest; or

(b) in the case of a product containing quinoxyfen as one of
several active substances, where necessary, amend or
withdraw the authorisation by 28 February 2006 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 is addressed to the Member States.

Done at Brussels, 27 September 2004.

For the Commission

David BYRNE
Member of the Commission

Having regard to the Treaty
Community,

establishing the European

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:

Commission Directive 2004/60/EC of 23 April 2004
amending Council Directive 91/414/EEC to include
quinoxyfen as active substance (2) adds that substance
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 that active substance
and in particular to review existing provisional authori-
sations and, to transform those authorisations into full
authorisations, to amend them or to withdraw them in
accordance with that Directive 91/414/EEC.

The time limits for the implementation provided for in
Directive 2004/60/EC are not in line with those for other
new active substances. The approach for all new active
substances under the current review phase should be
harmonised.

(1)

(2)

(3)

(4)

(5)

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Directive are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DIRECTIVE:

Article 1

Article 3 of Directive 2004/60/EC is amended as follows:

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

last amended by
Commission Directive 2004/71/EC (OJ L 127, 29.4.2004, p. 104).

(2) OJ L 120, 24.4.2004, p. 39.

is

It
therefore
2004/60/EC accordingly.

appropriate

to

amend Directive

Article 3

This Directive shall enter into force on 1 September 2004.