Commission Regulation (EC) No 2024/2006 of 22 December 2006 laying down transitional measures derogating from Regulation (EC) No 2076/2002 and Decisions 98/270/EC, 2002/928/EC, 2003/308/EC, 2004/129/EC, 2004/141/EC, 2004/247/EC, 2004/248/EC, 2005/303/EC and 2005/864/EC as regards the continued use of plant protection products containing certain active substances not included in Annex I to Directive 91/414/EEC by reason of the accession of Romania   (Text with EEA relevance)
Date: 2006-12-22
Institutions: European Commission
Subjects: Bulgaria, Romania, accession to the European Union, derogation from EU law, marketing, plant health product, public health

29.12.2006

EN

Official Journal of the European Union

L 384/79

COMMISSION REGULATION (EC) No 2024/2006

of 22 December 2006

laying down transitional measures derogating from Regulation (EC) No 2076/2002 and Decisions
98/270/EC, 2002/928/EC, 2003/308/EC, 2004/129/EC, 2004/141/EC, 2004/247/EC, 2004/248/EC,
2005/303/EC and 2005/864/EC as regards the continued use of plant protection products
containing certain active substances not included in Annex I to Directive 91/414/EEC by reason
of the accession of Romania

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

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

(4)

Romania should take the appropriate measures to ensure
that the continued uses have neither harmful effect on
human or animal health nor unacceptable influence on
the environment and that all necessary risk mitigation
measures are taken.

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 Act of Accession of Bulgaria and Romania,
and in particular Article 42 thereof,

HAS ADOPTED THIS REGULATION:

Whereas:

(1)

(2)

98/270/EC (2),

Commission Regulation (EC) No 2076/2002 (1) and
2002/928/EC (3),
Decisions
2003/308/EC (4),
2004/141/EC (6),
2004/129/EC (5),
2004/247/EC (7), 2004/248/EC (8), 2005/303/EC (9) and
2005/864/EC (10)
the non-
contain provisions
to
inclusion of certain active substances in Annex I
Council Directive 91/414/EEC (11) and for the withdrawal
by Member States of
for plant
all
protection products containing those active substances.

authorizations

for

Since existing authorisations have to be withdrawn in
Romania by 31 December 2006, Romania applied for
transitional measures permitting it
to grant a grace
those active substances to allow
period for some of
existing stocks to be used up.

(1) OJ L 319, 23.11.2002, p. 3. Regulation as last amended by Regu-

lation (EC) No 1335/2005 (OJ L 211, 13.8.2005, p. 6).

(2) OJ L 117, 21.4.1998, p. 15.
(3) OJ L 322, 27.11.2002, p. 53. Decision as last amended by Regu-

lation (EC) No 1335/2005.
(4) OJ L 113, 7.5.2003, p. 8.
(5) OJ L 37, 10.2.2004, p. 27. Decision as last amended by Regulation

(EC) No 1335/2005.

(6) OJ L 46, 17.2.2004, p. 35.
(7) OJ L 78, 16.3.2004, p. 50. Decision as last amended by Regulation

(EC) No 1335/2005.

(8) OJ L 78, 16.3.2004, p. 53. Decision as last amended by Regulation

(EC) No 835/2005 (OJ L 127, 29.4.2004, p. 43).

(9) OJ L 97, 15.4.2005, p. 38. Decision as last amended by Regulation

(EC) No 1335/2005.

(10) OJ L 317, 3.12.2005, p. 25.
(11) OJ L 230, 19.8.1991, p. 1. Directive as

last amended by
Commission Directive (EC) 2006/75/EC (OJ L 248, 12.9.2006,
p. 3).

Article 1

By way of derogation from Article 1 of Commission Decision
98/270/EC, any period of grace granted by Romania,
in
accordance with Article 4(6) of Directive 91/414/EEC, for the
disposal, storage, placing on the market and use of existing
stocks of plant protection products containing the active
substance fenvalerate, shall be as short as possible and shall
expire not later than 30 June 2008.

Article 2

By way of derogation from Article 3 of Commission Decision
2002/928/EC, any period of grace granted by Romania,
in
accordance with Article 4(6) of Directive 91/414/EEC, for the
disposal, storage, placing on the market and use of existing
stocks of plant protection products containing the active
substance benomyl shall be as short as possible and shall
expire not later than 31 December 2007.

Article 3

By way of derogation from Article 3 of Commission Regulation
(EC) No 2076/2002, any period of grace granted by Romania,
in accordance with Article 4(6) of Directive 91/414/EEC, for the
disposal, storage, placing on the market and use of existing
stocks of plant protection products containing the active
fenpro-
substances
pathrin,
ethoxylate,
imazapyr,
nonylphenol
oxadixyl, prometryne, quinalphos,
terbufos or triforine shall
be as short as possible and shall expire not later than 30
June 2008.

acifluorfen, bensultap, bromopropylate,

fomesafen,

L 384/80

EN

Official Journal of the European Union

29.12.2006

Article 4

By way of derogation from Article 3 of Commission Decision
2003/308/EC, any period of grace granted by Romania,
in
accordance with Article 4(6) of Directive 91/414/EEC, for the
disposal, storage, placing on the market and use of existing
stocks of plant protection products containing the active
substance metalaxyl shall be as short as possible and shall
expire not later than 30 June 2008.

Article 5

By way of derogation from Article 3 of Commission Decision
2004/129/EC, any period of grace granted by Romania,
in
accordance with Article 4(6) of Directive 91/414/EEC, for the
disposal, storage, placing on the market and use of existing
stocks of plant protection products containing the active
substances boric acid, imazethapyr, methidathion or triadimefon
shall be as short as possible and shall expire not later than 30
June 2008.

Article 6

By way of derogation from Article 3 of Commission Decision
2004/141/EC, any period of grace granted by Romania,
in
accordance with Article 4(6) of Directive 91/414/EEC, for the
disposal, storage, placing on the market and use of existing
stocks of plant protection products containing the active
substance amitraz shall be as short as possible and shall
expire not later than 31 December 2007.

Article 7

By way of derogation from Article 3 of Commission Decision
2004/247/EC, any period of grace granted by Romania,
in
accordance with Article 4(6) of Directive 91/414/EEC, for the
disposal, storage, placing on the market and use of existing
stocks of plant protection products containing the active
substance simazine shall be as short as possible and shall
expire not later than 31 December 2007.

Article 8

accordance with Article 4(6) of Directive 91/414/EEC, for the
disposal, storage, placing on the market and use of existing
stocks of plant protection products containing the active
substance atrazine shall be as short as possible and shall
expire not later than 31 December 2007.

Article 9

By way of derogation from Article 3 of Commission Decision
in
2005/303/EC, any period of grace granted by Romania,
accordance with Article 4(6) of Directive 91/414/EEC, for the
disposal, storage, placing on the market and use of existing
stocks of plant protection products containing the active
substance kasugamycin shall be as short as possible and shall
expire not later than 31 December 2007.

Article 10

By way of derogation from Article 3 of Commission Decision
2005/864/EC, any period of grace granted by Romania,
in
accordance with Article 4(6) of Directive 91/414/EEC, for the
disposal, storage, placing on the market and use of existing
stocks of plant protection products containing the active
substance endosulfan shall be as short as possible and shall
expire not later than 31 December 2007.

Article 11

Romania shall ensure that the continued uses referred to in
Articles 1 to 10 have neither harmful effect on human or
animal health nor unacceptable influence on the environment.

Romania shall ensure that all necessary risk mitigation measures
are taken.

Where a plant protection product contains
several active
substances, and Articles 1 to 10 lay down different dates for
in relation to those substances, the earlier date shall apply.

Article 12

By way of derogation from Article 3 of Commission Decision
in
2004/248/EC, any period of grace granted by Romania,

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, 22 December 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission