2008/296/EC: Commission Decision of 4 April 2008 concerning the non-inclusion of azocyclotin, cyhexatin and thidiazuron in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing those active substances (notified under document number C(2008) 1187) (Text with EEA relevance)
Date: 2008-04-04
Institutions: European Commission
Subjects: dangerous substance, marketing restriction, pharmaceutical product, plant health legislation, plant health product, withdrawal from the market

11.4.2008

EN

Official Journal of the European Union

L 101/9

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 4 April 2008

concerning the non-inclusion of azocyclotin, cyhexatin and thidiazuron in Annex I to Council
Directive 91/414/EEC and the withdrawal of authorisations for plant protection products
containing those active substances

(notified under document number C(2008) 1187)

(Text with EEA relevance)

(2008/296/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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 stage of the
programme of work referred to in Article 8(2) of
Directive 91/414/EEC.

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)

Article 8(2) of Directive 91/414/EEC provides that a
Member State may, during a period of 12 years
that Directive, authorise
following the notification of
the placing on the market of plant protection products
containing active substances not listed in Annex I to 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.

(3)

Azocyclotin, cyhexatin and thidiazuron are substances
designated in the third stage programme.

(4)

(5)

for

azocyclotin,

sole notifiers

The
cyhexatin and
thidiazuron informed the Commission on 25 January
2007, 24 January 2007 and 7 February 2007 respect-
ively, that they no longer wished to participate in the
programme of work for these active substances, and
therefore further information will not be submitted. As
a consequence, these active substances should not be
included in Annex I to Directive 91/414/EEC.

Measures should be taken to ensure that existing auth-
orisations
containing
for plant protection products
azocyclotin, cyhexatin or
thidiazuron are withdrawn
within a prescribed period and are not renewed and
that no authorisations for such products are granted.

(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).

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

last amended by

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

Commission Directive 2008/40/EC (OJ L 87, 29.3.2008, p. 5).

lation (EC) No 1095/2007 (OJ L 246, 21.9.2007, p. 19).

L 101/10

EN

Official Journal of the European Union

11.4.2008

(6)

(7)

(8)

For these active substances for which there is only a
short period of advance notice for the withdrawal of
plant protection products containing such substances, it
is reasonable to provide 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.

This Decision does not prejudice the submission of an
application for azocyclotin, cyhexatin or
thidiazuron
according to the provisions of Article 6(2) of Directive
91/414/EEC in view of a possible inclusion in its
Annex I.

(a) authorisations

for plant protection products containing
azocyclotin, cyhexatin and thidiazuron are withdrawn by
4 October 2008;

(b) from 5 April 2008 no authorisations for plant protection
products containing azocyclotin, cyhexatin and thidiazuron
are granted or renewed under the derogation provided for
in Article 8(2) of Directive 91/414/EEC.

Article 3

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 and shall expire not later than 4 October 2009.

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

in this Decision are in
Standing
the

opinion

the

of

This Decision is addressed to the Member States.

Article 4

HAS ADOPTED THIS DECISION:

Article 1

Done at Brussels, 4 April 2008.

Azocyclotin, cyhexatin and thidiazuron shall not be included in
Annex I to Directive 91/414/EEC.

Member States shall ensure that:

Article 2

For the Commission

Androulla VASSILIOU
Member of the Commission