Commission Regulation (EC) No 1313/2007 of 8 November 2007 amending Regulations (EC) No 2076/2002 as regards the extension of the time period referred to in Article 8(2) of Council Directive 91/414/EEC with respect to metalaxyl and (EC) No 2024/2006 as regards the deletion of the derogation concerning metalaxyl (Text with EEA relevance)
Date: 2007-11-08
Institutions: European Commission
Subjects: dangerous substance, market approval, marketing standard, pharmaceutical product, plant health product

9.11.2007

EN

Official Journal of the European Union

L 291/11

COMMISSION REGULATION (EC) No 1313/2007

of 8 November 2007

amending Regulations (EC) No 2076/2002 as regards the extension of the time period referred to in
Article 8(2) of Council Directive 91/414/EEC with respect to metalaxyl and (EC) No 2024/2006 as
regards the deletion of the derogation concerning metalaxyl

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

and the withdrawal of authorisations for plant protection
products containing this active substance (4).

Having regard to the Treaty
Community,

establishing the European

Having regard to the Treaty of Accession of Bulgaria and
Romania,

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

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 subparagraph of Article
8(2) thereof,

Whereas:

(1)

(2)

(3)

Metalaxyl is one of the active substances listed in Annex I
to Commission Regulation (EEC) No 3600/92 of 11
December 1992 laying down the detailed rules for the
implementation of the first stage of the programme of
work referred to in Article 8(2) of Council Directive
91/414/EEC concerning the placing of plant protection
products on the market (2).

In accordance with Article 1 of Commission Regulation
(EC) No 2076/2002 of 20 November 2002 extending
the time period referred to in Article 8(2) of Council
Directive 91/414/EEC and concerning the non-inclusion
of certain active substances in Annex I to that Directive
and the withdrawal of authorisations for plant protection
products containing these substances (3), for the active
substances which are assessed in the framework of Regu-
lation (EEC) No 3600/92 the time period referred to in
Article 8(2) of Directive 91/414/EEC expired on 31
December 2006.

On 2 May 2003 the Commission adopted Decision
2003/308/EC
of
the
in Annex I to Council Directive 91/414/EEC
metalaxyl

non-inclusion

concerning

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

last amended by

Commission Directive 2007/52/EC (OJ L 214, 17.8.2007, p. 3).
(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 319, 23.11.2002, p. 3. Regulation as last amended by Regu-

lation (EC) No 1980/2006 (OJ L 368, 23.12.2006, p. 96).

(4)

(5)

(6)

(7)

(8)

(9)

98/270/EC,

Commission Regulation (EC) No 2024/2006 of 22
December 2006 laying down transitional measures dero-
from Regulation (EC) No 2076/2002 and
gating
2003/308/EC,
Decisions
2002/928/EC,
2004/247/EC,
2004/129/EC,
2004/248/EC,
2004/864/EC as
regards the continued use of plant protection products
containing certain substances not included in Annex I to
the accession of
Directive 91/414/EEC by reason of
Romania (5) provides for a derogation from Article 3 of
Decision 2003/308/EC.

2004/141/EC,
2005/303/EC and

The Court of Justice of the European Communities, in its
judgment of 18 July 2007 in Case C-326/05 P (6),
annulled Decision 2003/308/EC.

Article 233 of the Treaty requires the institution whose
act has been declared void to take the necessary measures
to comply with the judgment of the Court of Justice.

Consequently, it is necessary to extend for metalaxyl the
in Regulation (EC) No
time period provided for
2076/2002 to allow that substance to be assessed and
to allow Member States to authorise plant protection
products
in the
meantime. Further details on the assessment procedure
for metalaxyl will have to be defined in a specific act. In
order to execute the judgment as soon as possible, the
time period should be extended without waiting for the
adoption of such an act.

containing

substance

active

that

Regulations (EC) No 2076/2002 and (EC) No 2024/2006
should therefore be amended accordingly.

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

in this Regulation is

opinion

in
Standing

the

the

of

(4) OJ L 113, 7.5.2003, p. 8.
(5) OJ L 384, 29.12.2006, p. 79.
(6) OJ C 235, 6.10.2007, p. 5.

L 291/12

EN

Official Journal of the European Union

9.11.2007

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1 of Regulation (EC) No 2076/2002 the following
sentence is inserted after the first sentence:

‘However, for metalaxyl the time period of 12 years referred
to in Article 8(2) of Directive 91/414/EEC shall be extended
until 30 June 2010’.

Article 2

Article 4 of Regulation (EC) No 2024/2006 is deleted.

Article 3

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

It shall apply from 2 May 2003.

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

Done at Brussels, 8 November 2007.

For the Commission

Markos KYPRIANOU
Member of the Commission