2005/788/EC: Commission Decision of 11 November 2005 concerning the non-inclusion of naled in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (notified under document number C(2005) 4351) Text with EEA relevance
Date: 2005-11-11
Institutions: European Commission
Subjects: market approval, plant health legislation, plant health product

12.11.2005

EN

Official Journal of the European Union

L 296/41

COMMISSION DECISION

of 11 November 2005

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

(notified under document number C(2005) 4351)

(Text with EEA relevance)

(2005/788/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

Naled shall not be included as an active substance in Annex I to
Directive 91/414/EEC.

Article 2

Member States shall ensure that:

(a) authorisations

for plant protection products containing

naled are withdrawn by 11 May 2006;

(b) no authorisations for plant protection products containing
naled are granted or renewed from 12 November 2005.

Article 3

Any period of grace granted by Member States in accordance
for the disposal,
with Article 4(6) of Directive 91/414/EEC,
storage, placing on the market and use of existing stocks
shall be as short as possible and shall expire on 11 May
2007 at the latest.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 11 November 2005.

For the Commission

Markos KYPRIANOU
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
fourth subparagraph of
Article 8(2) thereof,

the

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.

Commission Regulations (EC) No 451/2000 (2) and (EC)
No 703/2001 (3)
lay down the detailed rules for the
implementation of the second stage of the programme
of work referred to in Article 8(2) of Directive
91/414/EEC. For the active substance naled, the notifier
informed the Commission on 2 December 2004 that it
no longer wished to seek the inclusion of that substance
in Annex I to Directive 91/414/EEC. Consequently, that
active substance should not be included in that Annex
and Member States should withdraw all authorisations
for plant protection products containing naled.

(3)

A period of grace for disposal, storage, placing on the
market and use of existing stocks should be provided to
allow those stocks to be used in one further growing
season.

(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 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 98, 7.4.2001, p. 6.