2005/303/EC: Commission Decision of 31 March 2005 concerning the non-inclusion of cresylic acid, dichlorophen, imazamethabenz, kasugamycin and polyoxin in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (notified under document number C(2005) 975) (Text with EEA relevance)
Date: 2005-03-31
Institutions: European Commission
Subjects: dangerous substance, exchange of information, labelling, marketing standard, plant health product, withdrawal from the market

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COMMISSION

COMMISSION DECISION

of 31 March 2005

concerning the non-inclusion of cresylic acid, dichlorophen,
imazamethabenz, kasugamycin and
polyoxin in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for
plant protection products containing these substances

(notified under document number C(2005) 975)

(Text with EEA relevance)

(2005/303/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 the fourth subparagraph of Article
8(2) thereof,

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 to 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.

Commission Regulation (EC) No 451/2000 (2)
and
Commission Regulation (EC) No 1490/2002 (3)
lay
down the detailed rules for the implementation of the
the programme of work
second and third stages of
referred to in Article 8(2) of Directive 91/414/EEC. For
active substances for which a notifier fails to fulfil
its
obligations under
these Regulations no completeness
check or evaluation of the dossier shall be performed.
imazamethabenz, kasu-
For cresylic acid, dichlorophen,
gamycin and polyoxin either no complete dossier has
been submitted or the notifier has declared that no
dossier will be submitted within the prescribed time

limit. As a consequence, these active substances should
not be included in Annex I to Directive 91/414/EEC and
Member States should withdraw all authorisations for
plant protection products containing these substances.

to provide

For the active substances for which there is only a short
period of advance notice for the withdrawal of plant
protection products containing such substances,
is
reasonable
for
a period of grace
for
disposal, storage, placing on the market and use of
than 12
existing stocks for a period of no longer
months to allow existing stocks to be used in no more
than one further growing season. In cases where a longer
advance notice period is provided, such period can be
shortened to expire at the end of the growing season.

it

imazamethabenz, kasugamycin and
For dichlorophen,
polyoxin, information has been presented and evaluated
by the Commission together with Member State experts
which has shown a need for further use of the substance
concerned. In such cases temporary measures should be
provided for to enable the development of alternatives.

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

in this Decision are in
Standing
the

opinion

the

of

(3)

(4)

(5)

HAS ADOPTED THIS DECISION:

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

last amended by
Commission Directive 2004/58/EC (OJ L 120, 24.4.2004, p. 26).
(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 last amended by Regu-

lation (EC) No 1744/2004 (OJ L 311, 8.10.2004, p. 23).

Article 1

Cresylic acid, dichlorophen, imazamethabenz, kasugamycin and
polyoxin shall not be included in Annex I
to Directive
91/414/EEC.

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Article 2

(d) alternatives for such uses are being seriously sought.

Member States shall ensure that:

1. Authorisations

for plant protection products containing
imazamethabenz, kasugamycin

cresylic acid, dichlorophen,
or polyoxin are withdrawn by 30 September 2005.

2. From 15 April 2005 no authorisations for plant protection
products containing cresylic acid, dichlorophen,
imaza-
methabenz, kasugamycin or polyoxin are granted or
renewed under the derogation provided for in Article 8(2)
of Directive 91/414/EEC.

3. By derogation from point 1, Member States listed in column
B of
the Annex may maintain authorisations for plant
protection products containing substances listed in column
A for uses listed in column C of that Annex until 30 June
2007 at the latest, to permit the development of an efficient
alternative for the substance concerned.

Member States making use of the derogation provided for in
the first
the following
conditions are complied with:

subparagraph shall ensure that

(a)

the continued use is only accepted so far as it has no
harmful effects on human or animal health and no unac-
ceptable influence on the environment;

(b) such plant protection products remaining on the market
after 30 September 2005 are relabelled in order to
match the restricted use conditions;

(c) all appropriate risk mitigation measures are imposed to

reduce any possible risks;

4. The Member State concerned shall inform the Commission
about the measures taken in application of point 3, and in
particular about the actions taken pursuant to points (a) to
(d), by 31 March 2005 at the latest.

Article 3

Any period of grace granted by Member States in accordance
with Article 4(6) of Directive 91/414/EEC, shall be as short as
possible.

Where authorisations shall be withdrawn in accordance with
Article 2(1) by 30 September 2005 at the latest, the period
shall expire on 30 September 2006 at the latest.

Where authorisations shall be withdrawn in accordance with
Article 2(3) by 30 June 2007 at the latest, the period shall
expire on 31 December 2007 at the latest.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 31 March 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

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ANNEX

LIST OF AUTHORISATIONS REFERRED TO IN ARTICLE 2(2)

Column A

Active substance

Column B

Member State

Column C

Use

Dichlorophen

Ireland

Moss control in amenity turf and golf greens

United Kingdom

Liverworts and mosses on ornamentals

Imazamethabenz

Kasugamycin

Polyoxin

Greece

Spain

Greece

Hungary

Spain

Greece

Spain

Control of fungi and other plant pathogens on
glasshouses surfaces and in nurseries on crop
standing areas

Moss control on managed amenity turf and hard
surfaces

Cereals

Cereals

Prevention of bacterial diseases on tobacco,
tomatoes, cucumbers, citrus, beans and orna-
mentals

Pome fruits (apple, pear, quince), sweet pepper,
hot pepper, tomato, cucumber

Prevention of bacterial diseases on tomatoes,
cypresses
cucumbers, apple and pear
(also fungal diseases), strawberries and French
beans

trees,

Prevention of fungal diseases on strawberries

Prevention of bacterial and fungal diseases on
tomatoes, marrows and cucumbers, bushes and
herbaceous ornamentals, cotton and raspberry
bush