Commission Regulation (EC) No 1980/2006 of 20 December 2006 laying down transitional measures amending Regulation (EC) Νο 2076/2002 and Decisions 2001/245/EC, 2002/928/EC and 2006/797/EC as regards the continued use of certain active substances not included in Annex I to Directive 91/414/EEC by reason of the accession of Bulgaria   (Text with EEA relevance)
Date: 2006-12-20
Institutions: European Commission
Subjects: Bulgaria, Romania, accession to the European Union, derogation from EU law, market approval, plant health legislation, plant health product, transitional period (EU)

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1980/2006

of 20 December 2006
laying down transitional measures amending Regulation (EC) Νο 2076/2002 and Decisions
2001/245/EC, 2002/928/EC and 2006/797/EC as regards the continued use of certain active
substances not included in Annex I to Directive 91/414/EEC by reason of the accession of Bulgaria

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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

opinion

the

the

of

Having regard to the Treaty of Accession of Bulgaria and
Romania, and in particular Article 4(3) thereof,

Having regard to the Act of Accession of Bulgaria and Romania,
and in particular Article 42 thereof,

HAS ADOPTED THIS REGULATION:

Article 1

Whereas:

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

(1)

(2)

(3)

(4)

for

and

Decisions

(EC) No

Regulation

Commission

2006/797/EC (4)

2076/2002 (1)
Commission
2001/245/EEC (2),
and
2002/928/EEC (3),
contain
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 authorizations
for plant protection products containing those active
substances. Those acts provide for derogations permitting
the continued use of some of those substances for a
limited period of
time while alternatives are being
developed.

Bulgaria applied for transitional measures for certain
active substances in order to ensure that the production
may be phased out gradually or that a dossier satisfying
the requirements of Directive 91/414/EEC may be
submitted.

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 to allow, under strict
conditions aimed at minimising any possible risk, a
longer period for the withdrawal of existing authori-
sations for essential uses for which no alternatives are
currently available.

1. In Article 2 the following paragraph 4 is added:

By way of derogation from paragraph 3,

‘4.
for the
authorisations of plant protection products
containing
substances listed in column A of Annex II, Bulgaria may
maintain in force
for plant protection
authorisations
products containing those substances for the uses listed in
column C until 30 June 2009 provided 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
to match the restricted use

are relabelled in order
conditions;

(c) all appropriate risk mitigation measures are imposed to

reduce any possible risks;

(EC)

Regulation
2001/245/EEC,
should therefore be amended accordingly.

2002/928/EEC

2076/2002

and

and

Decisions
2006/797/EC

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

(1) OJ L 319, 23.11.2002, p. 3. Regulation as last amended by
Regulation (EC) No 1335/2005, (OJ L 211, 13.8.2005, p. 6).

(2) OJ L 88, 28.3.2001, p. 19.
(3) OJ L 322, 27.11.2002, p. 53. Decision as

last amended by

Regulation (EC) No 1335/2005.

(4) OJ L 324, 23.11.2006, p. 8.

inform the Commission about the measures
Bulgaria shall
taken in application of
this paragraph, and in particular
about the actions taken pursuant to points (a) to (d), by
31 December of each year.’

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2. In Article 3 the following point (c) is added:

‘(c)

the uses for which the authorisation is to be
later

for
withdrawn by 30 June 2009, shall expire not
than 31 December 2009.’

3. Annex II is amended as follows:

(a) The heading is replaced by the following:

‘List of authorisations referred to in Article 2(3) and 2(4)’.

(b) In the line referring to bensultap, under column B the
word ‘Bulgaria’ is added and under column C the words
‘Sunflower, beet, potatoes and alfalfa’ are added.

(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
to match the restricted use

are relabelled in order
conditions;

(c) all appropriate risk mitigation measures are imposed to

reduce any possible risks;

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

Bulgaria shall
inform the Commission about the measures
this paragraph, and in particular
taken in application of
about the actions taken pursuant to points (a) to (d), by
31 December of each year.’

(c)

in the line referring to prometryne, under column B the
word ‘Bulgaria’ is added and under column C the words
‘Sunflower, cotton and Umbelliferae’ are added.

2. In Article 3 a second paragraph is added:

(d) in the line referring to terbufos, under column B the
word ‘Bulgaria’
is added and under column C the
words ‘Limited to professional users with appropriate
protective
treatment of potatoes,
Soil
equipment.
tobacco, cotton and beet.’ are added.

‘By way of derogation from the first paragraph, any period of
grace granted by Bulgaria, in accordance with Article 4(6) of
Directive 91/414/EEC, for the uses referred to in Article 2(2),
shall be as short as possible and shall expire not later than
31 December 2009.’

Article 2

Decision 2001/245/EC is amended as follows:

1. Article 2 is replaced by the following:

‘Article 2

1. Member States shall ensure that:

Article 3

Decision 2002/928/EC is amended as follows:

1. In Article 2 the following point (d) is added:

‘(d)

listed in column A of

the authorisations of plant protection products
for
containing substances
the
Annex, Bulgaria may maintain in force authorisations
for
those
substances for the uses listed in column C until 30
June 2009 provided that:

containing

protection

products

plant

(a) authorisations for plant protection products containing
zineb are withdrawn within a period of six months from
the date of adoption of the present Decision;

(b) from the date of adoption of the present Decision no
authorisations for plant protection products containing
the derogation
zineb are granted or
provided for in Article 8(2) of Directive 91/414/EEC.

renewed under

(i) 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;

(ii) such plant protection products remaining on the
to match the
relabelled in order

market are
restricted use conditions;

By way of derogation from paragraph 1,

the
for
2.
authorisations of plant protection products
containing
zineb, Bulgaria may maintain in force authorisations for
plant protection products containing that substance for the
use on horticultural crops, grapevine, tobacco, apples and
stone fruit, provided that:

(iii) all appropriate risk mitigation measures are imposed

to reduce any possible risks;

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

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inform the Commission about the measures
Bulgaria shall
taken in application of
this paragraph, and in particular
about the actions taken pursuant to points (a) to (d), by
31 December of each year.’

2. In Article 3 the following point c) is added:

‘(c)

the uses for which the authorisation is to be
later

for
withdrawn by 30 June 2009, shall expire not
than 31 December 2009.’

3. In the Annex,

in the line referring to benomyl, under
column B the word ‘Bulgaria’
is added and under column
C the words ‘Limited to professional users with appropriate
protective equipment. Vineyards, peaches,
tomatoes and
tobacco’ are added.

Article 4

Decision 2006/797/EC is amended as follows:

1. In Article 3, paragraph 2 is replaced by the following:

‘2.
By way of derogation from the first paragraph, and
from Article 2, Bulgaria may maintain in force authorisations
for plant protection products containing sodium tetrathio-
carbonate for the uses listed in column C until 30 June 2009
provided 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;

(c) all appropriate risk mitigation measures are imposed to

reduce any possible risks;

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

concerned shall

State
inform the
3.
The Member
the measures taken in application of
Commission about
paragraphs 1 and 2, and in particular about the actions
taken pursuant to points (a) to (d) of each paragraph, by
31 December of each year.’

2. In Article 4 the third paragraph is replaced by the following:

‘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.

Where authorisations shall be withdrawn in accordance with
Article 3(3) by 30 June 2009 at the latest, the period shall
expire on 31 December 2009 at the latest.’

3. In the Annex to Decision 2006/797/EC, the title to the
annex is replaced by the words ‘List of authorisations
referred to in Article 3(1) and 3(2)’. In the line referring to
column B the word
Sodium tetrathiocarbonate under
‘Bulgaria’
is added and under column C the words ‘Soil
disinfection in horticulture and vineyards.’ are added.

Article 5

(b) such plant protection products remaining on the market
to match the restricted use

are relabelled in order
conditions;

This Regulation shall enter into force subject to and on the date
of entry into force of the Treaty of Accession of Bulgaria and
Romania.

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

Done at Brussels, 20 December 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission