2008/317/EC: Commission Decision of 10 April 2008 concerning the non-inclusion of rotenone, extract from equisetum and chinin-hydrochlorid in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (notified under document number C(2008) 1293) (Text with EEA relevance)
Date: 2008-04-10
Institutions: European Commission
Subjects: dangerous substance, marketing restriction, pharmaceutical product, plant health legislation, plant health product, withdrawal from the market

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Official Journal of the European Union

18.4.2008

COMMISSION DECISION

of 10 April 2008

concerning the non-inclusion of rotenone, extract from equisetum and chinin-hydrochlorid in
to Council Directive 91/414/EEC and the withdrawal of authorisations for plant
Annex I

protection products containing these substances

(notified under document number C(2008) 1293)

(Text with EEA relevance)

(2008/317/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

Having regard to the 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:

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 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.

Commission Regulations (EC) No 1112/2002 (2) and (EC)
No 2229/2004 (3) lay down the detailed rules for the
implementation of the fourth stage of the programme
of work referred to in Article 8(2) of Directive
91/414/EEC.

rotenone

For
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 circumstances to extend for certain essential uses
for which there are no efficient alternatives the period for
the withdrawal of authorisations while providing for
strict conditions aimed at minimising any possible risk.

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

This decision does not prejudice the submission of an
application for these active substances according to the
provisions of Article 6(2) of Directive 91/414/EEC in
view of a possible inclusion in its Annex I.

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

in this Decision are in
Standing
the

opinion

the

of

(6)

(7)

(8)

Rotenone, extract
from equisetum and chinin-hydro-
chlorid are substances designated in the fourth stage
programme.

HAS ADOPTED THIS DECISION:

informed

the Commission

The sole notifiers for rotenone, extract of equisetum and
chinin-hydrochlorid
on
5 January 2007, 15 February 2007 and 20 June 2007
respectively, 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,
should not be
included in the Annex I to Directive 91/414/EEC.

these active substances

Article 1

The active substances listed in Annex I to this Decision shall not
be included as active substances in Annex I
to Directive
91/414/EEC.

Article 2

Member States shall ensure that:

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

last amended by

Commission Directive 2008/45/EC (OJ L 94, 5.4.2008, p. 21).

(2) OJ L 168, 27.6.2002, p. 14.
(3) OJ L 379, 24.12.2004, p. 13. Regulation as last amended by Regu-

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

(a) authorisations for plant protection products containing the
active substances listed in Annex I are withdrawn by
10 October 2008;

(1)

(2)

(3)

(4)

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(b) no authorisations for plant protection products containing
these active substances are granted or renewed from the
date of publication of this Decision.

measures taken under paragraph 1, and,
points (a) to (d), by 31 December of each year.

in particular, under

Article 3

Article 4

1.
By way of derogation from Article 2, a Member State
listed in column B of Annex II may maintain authorisations
for plant protection products containing substances listed in
column A of that Annex for the uses listed in column C of
that Annex until 30 April 2011, provided that it complies with
the following conditions:

(a)

it ensures that no harmful effects to human or animal
health and no unacceptable influence to the environment
are caused;

(b) it ensures that such plant protection products remaining on
the market are relabelled in order to match the restricted
use conditions;

(c)

it imposes all appropriate risk mitigation measures to reduce
any possible risks;

(d) it ensures that alternatives for those uses are seriously

sought.

2. Member States making use of the derogation provided for
the
in paragraph 1,

inform the Commission about

shall

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.

For authorisations which are withdrawn in accordance with
Article 2, that period shall expire on 10 October 2009 at the
latest.

For authorisations which are withdrawn in accordance with
Article 3, it shall expire on 31 October 2011 at the latest.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 10 April 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

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ANNEX I

List of active substances which are not included as active substances in Annex I to Directive 91/414/EEC

Rotenone

Extract of equisetum

Chinin hydrochloride

ANNEX II

List of authorisations referred to in Article 3(1)

Column A

Active substance

Column B

Member State

Column C

Use

Rotenone

France

Apple, pear, peach, cherry, grapevine and potato.

Limited to professional users with appropriate
protective equipment.

Rotenone

Italy

Apple, pear, peach, cherry, grapevine and potato.

Limited to professional users with appropriate
protective equipment.

Rotenone

United Kingdom

Apple, pear, peach, cherry, ornamentals and potato.

Limited to professional users with appropriate
protective equipment.