Commission Regulation (EC) No 1335/2005 of 12 August 2005 amending Regulation (EC) No 2076/2002 and Decisions 2002/928/EC, 2004/129/EC, 2004/140/EC, 2004/247/EC and 2005/303/EC as regards the time period referred to in Article 8(2) of Council Directive 91/414/EEC and the continued use of certain substances not included in its Annex I   (Text with EEA relevance)
Date: 2005-08-12
Institutions: European Commission
Subjects: dangerous substance, market approval, plant health legislation, plant health product

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COMMISSION REGULATION (EC) No 1335/2005

of 12 August 2005

amending Regulation (EC) No 2076/2002 and Decisions 2002/928/EC, 2004/129/EC, 2004/140/EC,
2004/247/EC and 2005/303/EC as regards the time period referred to in Article 8(2) of Council
Directive 91/414/EEC and the continued use of certain substances not included in its Annex I

(Text with EEA relevance)

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 third and fourth subparagraph
of Article 8(2) thereof,

Whereas:

(1)

(2)

(3)

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 that
are already on the market two years after the date of
notification, except where a decision has been taken
not to include the substance concerned in Annex I.

(4)

Commission Regulations (EEC) No 3600/92 (2) and (EC)
No 451/2000 (3)
lay down the detailed rules for the
implementation of the first and second stages of the
programme of work referred to in Article 8(2) of the
above directive. This programme is ongoing and it has
not been possible yet to complete decision making on a
number of active substances.

As regards the 90 active substances covered by the first
stage of the above programme of work, 67 have been the
subject of a directive or a decision. This leaves 23 active
substances for which work continues. As regards the 53
active substances covered by the second stage of the

(1) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Regulation
(EC) No 396/2005 of the European Parliament and of the Council
(OJ L 70, 16.3.2005, p. 1).

(2) OJ L 366, 15.12.1992, p. 10. Regulation as last amended by Regu-

lation (EC) No 2266/2000 (OJ L 259, 13.10.2000, p. 27).

(3) 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).

above programme of work, one has been the subject of a
decision. This leaves 52 active substances for which work
continues. For the first stage of the work programme, the
Commission organised the peer review, after submission
of the draft assessment report by the Rapporteur Member
State. This cycle of peer
reviews has been finalised
meanwhile and decisions or directives on the last
substances are currently under preparation. For
the
second stage, the peer review comes under the responsi-
the European Food Safety Authority (EFSA),
bility of
which has one year from the submission of the draft
assessment report, to communicate its opinion to the
Commission. As the dates of submission being part of
the arrangements agreed between the Commission and
it is possible to predict when the latest opinion
EFSA,
will become ready. To date, three have been delivered to
the Commission, while the last should be made available
to the Commission at the end of 2005. Consequently,
more time should be allocated to the assessment of the
second stage substances than to those covered by the
first stage which already have passed this part of the
process.

the substances,

for
conclusions of

The Commission’s progress report of 26 July 2001 (4)
explained why progress has not been as good as was
originally anticipated. The main reasons for the delay
were a slow start, due to the identification and priority
classification of
the need to bring
together the necessary resources and to provide more
evaluation and
elaborated procedural
schemes
this
decision-making. Based on the
report the deadline was extended by Commission Regu-
lation (EC) No 2076/2002 (5) for those substances still
under review. Meanwhile, the Commission and Member
States have worked actively to improve the procedures
for assessing active substances, and the considerable
increase rate of decisions over the last years show that
the learning cycle can be considered closed. EFSA, which
bears responsibility in the second stage of the review
programme,
is also entering an operational phase, and
its first opinions have now been delivered. However,
some of the reasons identified in the report of 2001
still apply. These include the further need to make the
best use of the limited resources by appropriate methods
of work-sharing and to ensure that the currently reached
number of yearly decisions is maintained. The initial
slowness, the technical complexity of certain dossiers,
the necessity to obtain the opinion of
independent
scientific circles and other unforeseen factors, have
in a number of cases, the time necessary for
eroded,
the decision-making and the implementing measures.

(4) COM(2001) 444 final.
(5) OJ L 319, 23.11.2002, p. 3. Regulation as last amended by Regu-

lation (EC) No 1765/2004 (OJ L 315, 14.10.2004, p. 26).

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(5)

(6)

(7)

It is envisaged that all the substances covered by the first
and second stage of the above review programme should
be the subject of a specific act adopted before 31
December 2005 (for the first stage) or 30 September
time must be
2006 (for the second stage). However,
allowed for these acts to come into force,
in order to
permit Member States and interested parties to prepare
themselves to meet the new requirements.

For these reasons it is appropriate to extend the transi-
tional period for the first stage by one year and for the
second stage by twenty one months.

(10)

(11)

and should be restricted to the control of harmful
organisms for which no efficient alternatives exist.

(EC) No

and Decisions
Regulation
2002/928/EC,
2004/140/EC,
2004/129/EC,
2004/247/EC and 2005/303/EC should therefore be
amended accordingly.

2076/2002

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

opinion

the

the

of

active

containing

26 November

Regulation (EC) No 2076/2002 and Commission
Decisions
2002
2002/928/EC of
concerning the non-inclusion of benomyl
in Annex I
to Council Directive 91/414/EEC and the withdrawal of
authorisations for plant protection products containing
this active substance (1), 2004/129/EC of 30 January
2004 concerning the non-inclusion of certain active
substances in Annex I to Council Directive 91/414/EEC
and the withdrawal of authorisations for plant protection
products containing these substances (2), 2004/140/EC of
11 February 2004 concerning the non-inclusion of
fenthion in Annex I to Council Directive 91/414/EEC
and the withdrawal of authorisations for plant protection
substance (3),
products
this
2004/247/EC of 10 March 2004 concerning the non-
inclusion of simazine in Annex I to Council Directive
91/414/EEC and the withdrawal of authorisations for
active
plant
substance (4) and 2005/303/EC of 31 March 2005
acid,
concerning
dichlorophen,
and
polyoxin in Annex I to Council Directive 91/414/EEC
and the withdrawal of authorisations for plant protection
contain
products
these
provisions
certain active
the non-inclusion of
substances in Annex I to Directive 91/414/EEC and for
the withdrawal by Member States of all authorisations for
plant protection products containing those substances.
for derogations permitting the
Those
some of
continued use of
for a
those substances
limited period of
time while alternatives are being
developed.

non-inclusion
imazamethabenz,

of
cresylic
kasugamycin

containing
for

substances (5)

acts provide

containing

protection

products

this

the

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2076/2002 is amended as follows:

1. Article 1 is replaced by the following:

the

active

‘The time period of 12 years referred to in Article 8(2) of
Directive 91/414/EEC is extended until 31 December 2006
for
assessed in the
substances which are
framework of Regulation (EEC) No 3600/92, until 30
September 2007 for
substances which are
the active
assessed in the framework of the second stage under Regu-
lation (EC) No 451/2000, and until 31 December 2008 for
the active substances which are assessed in the framework of
Regulation (EC) No 1490/2002, unless a decision has been
taken or is taken before the relevant date to include or not
to
include the active substance concerned in Annex I
Directive 91/414/EEC. During those periods Member States
may continue to authorise or authorise again the placing on
the market of plant protection products containing those
active substances,
in accordance with the provisions of
Article 8(2) of Directive 91/414/EEC.’

(8)

Member States have presented new evidence demon-
strating the need for further essential uses. Such infor-
mation has been evaluated by the Commission with
Member State experts.

2. Annex II is amended in accordance with Part I of the Annex

to this Regulation.

(9)

Derogations should only be granted for cases which
appear justified and which do not give rise to concern

(1) OJ L 322, 27.11.2002, p. 53. Decision as amended by Regulation

(EC) No 835/2004 (OJ L 127, 29.4.2004, p. 43).

(2) OJ L 37, 10.2.2004, p. 27. Decision as amended by Regulation (EC)

No 835/2004.

(3) OJ L 46, 17.2.2004, p. 32.
(4) OJ L 78, 16.3.2004, p. 50. Decision as amended by Regulation (EC)

No 835/2004.

(5) OJ L 97, 15.4.2005, p. 38.

Article 2

The Annex to Decision 2002/928/EC is amended in accordance
with Part II of the Annex to this Regulation.

Article 3

The Annex to Decision 2004/129/EC is amended in accordance
with Part III of the Annex to this Regulation.

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Article 4

Article 6

The Annex to Decision 2004/140/EC is amended in accordance
with Part IV of the Annex to this Regulation.

The Annex to Decision 2005/303/EC is amended in accordance
with Part VI of the Annex to this Regulation.

Article 5

The Annex to Decision 2004/247/EC is amended in accordance
with Part V of the Annex to this Regulation.

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Union.

Article 7

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

Done at Brussels, 12 August 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

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ANNEX

Part I

Annex II to Regulation (EC) No 2076/2002 is amended as follows:

1. The line concerning metobromuron is replaced by the following:

‘Metobromuron

Belgium

Spain

France

Germany

Lambs lettuce, bean, potato

Potato

Artichoke, lambs lettuce

Lambs lettuce, bean, tobacco’

2. The line concerning terbufos is replaced by the following:

‘Terbufos

France

Greece

Hungary

Bananas

Sugar beet

Maize, sugar beet, cereals, sunflower, soybean’

3. The following lines are added:

‘Chlormephos

Hexachlorophene

France

Cyprus

Maize, sweet corn

Tomatoes, peppers, cucumbers, pumpkins, water-
melons, melons, ornamentals’

4. The line concerning fenuron is deleted.

The Annex to Decision 2002/928/EC is replaced by the following:

Part II

‘Column A

Active substance

Column B

Member State

Column C

Use

Benomyl

Slowakia

Lentil, tobacco, sugar beet, rye, forest nurseries’

The Annex II to Decision 2004/129/EC is amended as follows:

Part III

1. The line concerning alkyldimethylbenzyl ammonium chloride is replaced by the following:

‘Alkyldimethylbenzyl
ammonium chloride

Belgium

France

Disinfection of mushroom growth chambers and
equipment

Disinfection of
equipment’

surfaces of

greenhouses

and

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2. The line concerning pretilachlor is replaced by the following:

‘Pretilachlor

France

Greece

Italy

Rice

Rice

Rice’

In the Annex to Decision 2004/140/EC the following line is added:

Part IV

‘Cyprus

Bait application in citrus and olives’

In the Annex to Decision 2004/247/EC the line concerning the United Kingdom is replaced by the following:

Part V

‘United Kingdom

Beans, asparagus, rhubarb, hardy ornamental nursery stock, strawberries,
hops’

The Annex to Decision 2005/303/EC is amended as follows:

1. The line concerning dichlorophen is replaced by the following:

Part VI

‘Dichlorophen

France

Ireland

Moss control on amenity turf and hard surfaces,
winter treatment in fruit trees

Moss control in amenity turf and golf greens

United Kingdom

Liverworts and mosses on ornamentals;

Control of
glasshouses surfaces and in nurseries.

fungi and other plant pathogens on

Moss control on managed amenity turf and hard
surfaces’

2. The line concerning imazamethabenz is replaced by the following:

‘Imazamethabenz

France

Greece

Spain

Cereals, minor crops for seed production

Cereals

Cereals’