Commission Regulation (EC) No 848/2008 of 28 August 2008 amending Regulation (EC) No 2076/2002 and Decision 2003/565/EC as regards the time period provided for in Article 8(2) of Council Directive 91/414/EEC (Text with EEA relevance)
Date: 2008-08-28
Institutions: European Commission
Subjects: market approval, marketing standard, pharmaceutical product, plant health product

29.8.2008

EN

Official Journal of the European Union

L 231/9

COMMISSION REGULATION (EC) No 848/2008

of 28 August 2008

amending Regulation (EC) No 2076/2002 and Decision 2003/565/EC as regards the time period
provided for in Article 8(2) of Council Directive 91/414/EEC

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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),
third subparagraph of
Article 8(2) thereof,

and in particular

the

Whereas:

(1)

(2)

(3)

The first
subparagraph of 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
included 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.

For the substances covered by the third and the fourth
stages of the programme of work the 12-year period
referred to in recital 1 was extended by 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 (2) and
Commission Decision 2003/565/EC of 25 July 2003
extending the time period provided for in Article 8(2)
of Council Directive 91/414/EEC (3).

the

those

substances

evaluation of

the draft
For
assessment reports is almost completed and for most
of them a decision on whether they may be included
to Directive 91/414/EEC will be taken
in Annex I
those
before 31 December 2008. But

for some of

(EC) No

substances it is not possible to complete the decision
allow the
making
by 31 December 2008. To
programme of work to be concluded it
is therefore
necessary to extend the time period provided for in
Regulation
and Decision
2003/565/EC with respect to the third and the fourth
stages of
the programme of work. Furthermore, as
regards substances which are being included, Member
States and interested parties need to be given an
adequate period to prepare themselves to meet the new
requirements.

2076/2002

This extension of time does not prejudge the possibility
of including individual active substance in Annex I to
Directive 91/414/EEC as provided for in the fourth sub­
paragraph of Article 8(2) of that Directive.

Regulation
and Decision
2003/565/EC should therefore be amended accordingly.

2076/2002

(EC) No

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

opinion

the

the

of

(4)

(5)

(6)

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1 to Regulation (EC) No 2076/2002,
‘31 December 2008’ is replaced by ‘31 December 2009’.

the date

Article 2

In Article 1 to Decision 2003/565/EC, the date ‘31 December
2008’ is replaced by ‘31 December 2009’.

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

last amended by
Commission Directive 2008/70/EC (OJ L 185, 12.7.2008, p. 40).
(2) OJ L 319, 23.11.2002, p. 3. Regulation as last amended by Regu­

lation (EC) No 1313/2007 (OJ L 291, 9.11.2007, p. 11).

(3) OJ L 192, 31.7.2003, p. 40.

Article 3

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

L 231/10

EN

Official Journal of the European Union

29.8.2008

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

Done at Brussels, 28 August 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission