2008/941/EC: Commission Decision of 8 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) 7803) (Text with EEA relevance)
Date: 2008-12-08
Institutions: European Commission
Subjects: chemical product, market approval, plant health control, plant health product, withdrawal from the market

13.12.2008

EN

Official Journal of the European Union

L 335/91

COMMISSION DECISION

of 8 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) 7803)

(Text with EEA relevance)

(2008/941/EC)

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), 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 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 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 added 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 24e of Regulation (EC) No
those
2229/2004,
substances.

for the inclusion of

their support

(5)

(6)

(7)

(8)

(9)

Member States and the comments from other Member
States and has come to the conclusion that Articles 24b
and 24f do not apply. Consequently, Article 24e applies.

The substances listed in the Annex to this Decision
to
should therefore not be
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 VII to Regulation (EC) No 2229/2004,
Member States should have the possibility to maintain
authorisations until 31 December 2010,
in accordance
with Article 25(3) of Regulation (EC) No 2229/2004.

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

Articles 13 to 22 of Regulation (EC) No 33/2008
provide for an accelerated procedure for such new appli­
cation. That procedure allows notifiers whose substance
has not been included based on their withdrawal,
to
make a new application in accordance with the accel­
erated procedure
in Regulation (EC) No
33/2008. When submitting the new application under
this procedure notifiers are allowed to submit only the
additional data necessary to address the specific issues for
which a need for further information was identified
during the risk assessment. The notifier has received
the draft assessment report which identifies those data.

set out

(4)

The Commission has examined the draft assessment
rapporteur
reports,

recommendations

from the

the

(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.

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

L 335/92

EN

Official Journal of the European Union

13.12.2008

(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, 8 December 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission

13.12.2008

EN

Official Journal of the European Union

L 335/93

ANNEX

LIST OF ACTIVE SUBSTANCES REFERRED TO IN ARTICLE 1

Active substance

Draft assessment report communicated to
the notifier on

1-Decanol

6-Benzyladenine

Aluminium sulphate

Azadirachtine

Bromadiolone

Ethoxyquin

Fatty alcohols

Indolylacetic acid

Indolylbutyric acid

Lime sulphur

Naphthylacetic acid

1-Naphthylacetamide

Propisochlor

Quassia

Zinc phosphide

7 April 2008

25 February 2008

31 March 2008

18 February 2008

11 July 2008

13 March 2008

3 April 2008

13 March 2008

13 March 2008

31 March 2008

3 March 2008

3 March 2008

16 May 2008

17 March 2008

11 July 2008