2006/797/EC: Commission Decision of 22 November 2006 concerning the non-inclusion of ammonium sulphamate, hexaconazole, sodium tetrathiocarbonate and 8-hydroxyquinoline in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these active substances (notified under document number C(2006) 5535)   (Text with EEA relevance)
Date: 2006-11-22
Institutions: European Commission
Subjects: market approval, pesticide, plant health control, withdrawal from the market

L 324/8

EN

Official Journal of the European Union

23.11.2006

COMMISSION

COMMISSION DECISION

of 22 November 2006

concerning the non-inclusion of ammonium sulphamate, hexaconazole, sodium tetrathiocarbonate
and 8-hydroxyquinoline in Annex I to Council Directive 91/414/EEC and the withdrawal of
authorisations for plant protection products containing these active substances

(notified under document number C(2006) 5535)

(Text with EEA relevance)

(2006/797/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 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 1490/2002 (3) lay down the detailed rules for the
implementation of the second and third stages of the
programme of work 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 Regu-
the
lations no completeness check or evaluation of

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

last amended by

Commission Directive 2004/20/EC (OJ L 70, 9.3.2004, p. 32).
(2) OJ L 55, 29.2.2000, p. 25. Regulation as amended by Regulation

(EC) No 1044/2003 (OJ L 151, 19.6.2003, p. 32).

(3) OJ L 224, 21.8.2002, p. 23. Regulation as amended by Regulation

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

(3)

(4)

(5)

dossier shall be performed. For ammonium sulphamate,
hexaconazole, sodium tetrathiocarbonate and 8-hydroxy-
quinoline no complete dossier has been submitted within
the prescribed time limit. Therefore it has not been
demonstrated that, under the proposed conditions of
use, plant protection products containing these active
laid
substances
of Directive
down
91/414/EEC. As a consequence, these active substances
should not be
to Directive
91/414/EEC and Member States should withdraw all
authorisations for plant protection products containing
these substances.

requirements
(b)

included in Annex I

satisfy in general

in Article

5(1)(a)

and

the

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
existing stocks for a period no longer than 12 months
to allow existing stocks to be used in no more than one
further growing. 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

For sodium tetrathiocarbonate and 8-hydroxyquinoline
information has been presented and evaluated by the
Commission together with Member States
experts
which has shown a need for further use of the substances
concerned. It is therefore justified in the present circum-
stances to prescribe under strict conditions aimed at
minimising risk a longer period for the withdrawal of
existing authorisations for the limited uses considered
as essential
for which no efficient alternatives appear
currently to be available.

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

in this Decision are in
Standing
the

opinion

the

of

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Official Journal of the European Union

L 324/9

HAS ADOPTED THIS DECISION:

(c) all appropriate risk mitigation measures are imposed to

Article 1

reduce any possible risks;

Ammonium sulphamate, hexaconazole, sodium tetrathiocar-
bonate and 8-hydroxyquinoline shall not be included in
Annex I to Directive 91/414/EEC.

Article 2

Member States shall ensure that:

(a) Authorisations for plant protection products containing
ammonium sulphamate, hexaconazole, sodium tetrathiocar-
bonate and 8-hydroxyquinoline are withdrawn by 22 May
2007;

(b) From 23 November 2006 no authorisations for plant
protection products containing ammonium sulphamate,
hexaconazole, sodium tetrathiocarbonate and 8-hydroxyqui-
noline are granted or
the derogation
provided for in Article 8(2) of Directive 91/414/EEC.

renewed under

Article 3

1.
By derogation from Article 2, a Member State 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 31 May 2010 at
the latest. A Member State making use of
the derogation
provided for in the first subparagraph shall ensure that the
following conditions are complied with:

(a)

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

(b) such plant protection products remaining on the market
after 22 May 2007 are relabelled in order to match the
restricted use conditions;

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

State

inform the
2.
The Member
taken in application of
Commission about
paragraph 1, and in particular about
taken
the actions
pursuant to points (a) to (d), by 31 December of each year.

the measures

concerned

shall

Article 4

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 by 22 May 2007 at
the period shall
expire on 22 May 2008 at the latest.

the latest,

Where authorisations shall be withdrawn in accordance with
Article 3(1) by 31 May 2010 at the latest, the period shall
expire on 30 November 2010 at the latest.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 22 November 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

L 324/10

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Official Journal of the European Union

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ANNEX

List of authorisations referred to in Article 3(1)

Column A

Column B

Active substance

Member State

Column C

Use

Sodium tetrathiocarbonate

Greece

Soil disinfection in horticulture.

8-Hydroxyquinoline

Spain

France

Greece

Spain

Soil disinfection in horticulture and woody crops.

Vine cuttings application.

Localised soil disinfection in horticulture, orchards,
olive orchards and vineyards.
Vine cuttings application.

Protection of pruning wounds on woody crops.
Localised soil disinfection in horticulture.
Vine cuttings application.