2008/934/EC: Commission Decision of 5 December 2008 concerning the non-inclusion of certain active substances 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) 7637) (Text with EEA relevance)
Date: 2008-12-05
Institutions: European Commission
Subjects: chemical product, market approval, plant health control, plant health product, withdrawal from the market

11.12.2008

EN

Official Journal of the European Union

L 333/11

COMMISSION DECISION

of 5 December 2008

concerning the non-inclusion of certain active substances 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) 7637)

(Text with EEA relevance)

(2008/934/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

States and has come to the conclusion that Articles 11b
and 11f do not apply. Consequently, Article 11e applies.

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)

(2)

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 451/2000 (2) and (EC)
No 1490/2002 (3) lay down the detailed rules for the
implementation of the third stage of the programme of
work referred to in Article 8(2) of Directive 91/414/EEC
and establish a list of active substances to be assessed
with a view to their possible inclusion in Annex I to
Directive 91/414/EEC. That list includes the substances
enumerated in the Annex to this Decision.

(3) Within two months from receipt of the draft assessment
report the notifiers concerned voluntarily withdrew,
in
accordance with Article 11e of Regulation (EC) No
1490/2002,
those
substances.

for the inclusion of

their support

(5)

(6)

(7)

(8)

(9)

(4)

The Commission has examined the draft assessment
rapporteur
reports,
Member States and the comments from other Member

recommendations

from the

the

The substances listed in the Annex to this Decision
should therefore not be
to
Directive 91/414/EEC.

included in Annex I

As the non-inclusion of these substances is not based on
the presence of clear indications of harmful effects as laid
down in Annex VI to Regulation (EC) No 1490/2002,
Member States should have the possibility to maintain
authorisations until 31 December 2010,
in accordance
with Article 12(3) of Regulation (EC) No 1490/2002.

Any period of grace granted by a Member State for the
disposal, storage, placing on the market and use of
existing stocks of plant protection products containing
the listed substances should be limited to 12 months in
order to allow existing stocks to be used in one further
growing season.

for

the

application

This Decision does not prejudice the submission of a
new application under Article 6(2)
of Directive
91/414/EEC and Commission Regulation (EC) No
33/2008 of 17 January 2008 laying down detailed
of Council Directive
rules
91/414/EEC as regards a regular and an accelerated
procedure
substances
assessment of
which were part of the programme of work referred to
that Directive but have not been
in Article 8(2) of
included into its Annex I (4) in accordance with the accel­
erated procedure provided for in Articles 13 to 22 of
that Regulation.

active

the

for

That procedure allows notifiers whose substance has not
been included based on their withdrawal, to make a new
application submitting only the additional data necessary
to address the specific issues that led to the adoption of
the non-inclusion Decision. The notifier has received the
draft assessment report which identifies those data.

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 55, 29.2.2000, p. 25.
(3) OJ L 224, 21.8.2002, p. 23.

(4) OJ L 15, 18.1.2008, p. 5.

L 333/12

EN

Official Journal of the European Union

11.12.2008

(10)

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

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

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

in Annex I

substances

active

Article 2

States

for plant
Member
protection products containing one or several of the substances
listed in the Annex by 31 December 2010 at the latest.

shall withdraw authorisations

Article 3

Any period of grace granted by Member States in accordance
with the provisions of Article 4(6) of Directive 91/414/EEC
shall expire on 31 December 2011 at the latest.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 5 December 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

11.12.2008

EN

Official Journal of the European Union

L 333/13

ANNEX

List of active substances referred to in Article 1

Active substance

Draft assessment report communicated to the notifier on

Acetochlor

Acrinathrin

Asulam

Bitertanol

Bupirimate

Carbetamide

Carboxin

Chloropicrin

Clethodim

Cycloxydim

Cyproconazole

Dazomet

Diclofop-methyl

Diethofencarb

Dithianon

Dodine

Ethalfluralin

Etridiazole

Fenazaquin

Fenbuconazole

Fenbutatin oxide

Fenoxycarb

Fluazifop-P

Flufenoxuron

Fluometuron

Fluquinconazole

Flurochloridone

Flutriafol

Guazatine

Hexythiazox

Hymexazol

Isoxaben

Metaldehyde

14 December 2005

8 October 2007

28 July 2006

23 March 2006

7 August 2007

31 August 2006

28 July 2006

19 April 2006

19 April 2006

28 February 2007

15 September 2006

8 October 2007

10 September 2007

24 October 2007

5 February 2007

29 March 2007

4 October 2007

7 August 2007

23 June 2006

12 May 2006

20 April 2007

4 October 2007

10 September 2007

8 November 2007

31 August 2007

22 December 2005

27 October 2006

9 November 2006

8 November 2007

18 May 2006

8 October 2007

9 November 2006

1 September 2006

L 333/14

EN

Official Journal of the European Union

11.12.2008

Active substance

Draft assessment report communicated to the notifier on

Metosulam

Myclobutanil

Oryzalin

Oxyfluorfen

Paclobutrazol

Pencycuron

Prochloraz

Propargite

Pyridaben

Quinmerac

Sintofen

Tau-fluvalinate

Tebufenozide

Tefluthrin

Terbuthylazine

Thiobencarb

8 October 2007

29 March 2006

4 October 2007

4 October 2007

7 December 2006

1 June 2006

18 June 2007

8 October 2007

7 August 2007

6 July 2007

8 November 2007

18 June 2007

9 June 2006

4 May 2007

8 October 2007

21 July 2006