2008/768/EC: Commission Decision of 30 September 2008 concerning the non-inclusion of Beauveria brongniartii and potassium permanganate 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) 5106) (Text with EEA relevance)
Date: 2008-09-30
Institutions: European Commission
Subjects: inorganic chemical product, insecticide, marketing restriction, pharmaceutical product, plant health legislation, plant health product, withdrawal from the market

L 263/12

EN

Official Journal of the European Union

2.10.2008

COMMISSION DECISION

of 30 September 2008

concerning the non-inclusion of Beauveria brongniartii and potassium permanganate 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) 5106)

(Text with EEA relevance)

(2008/768/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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)

HAS ADOPTED THIS DECISION:

Article 1

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

in Annex

substances

active

I

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
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.

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
of
referred
Directive 91/414/EEC.

Article

work

8(2)

to

in

(1)

(2)

(3)

(4)

Beauveria brongniartii and potassium permanganate are
substances designated in the fourth stage programme.

The sole notifiers for Beauveria brongniartii and potassium
permanganate informed the Commission on 5 September
2007 and 22 February 2008 respectively, that they no
longer wished to participate in the programme of work
for these active substances, and therefore further infor­
mation will not be submitted. As a consequence, these
active substances should not be included in the Annex I
of Directive 91/414/EEC.

Member States shall ensure that:

Article 2

(a) authorisations for plant protection products containing the
active substances listed in Annex I are withdrawn by
30 March 2009;

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 168, 27.6.2002, p. 14.
(3) OJ L 379, 24.12.2004, p. 13.

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

2.10.2008

EN

Official Journal of the European Union

L 263/13

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 30 March 2010.

Article 3

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 30 September 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission