CELEX: 32007D0442
Language: en
Date: 2007-06-21 00:00:00
Title: 2007/442/EC: Commission Decision of 21 June 2007 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(2007) 2576) (Text with EEA relevance)

28.6.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 166/16
            
         COMMISSION DECISION
   of 21 June 2007
   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(2007) 2576)
   (Text with EEA relevance)
   (2007/442/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   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:
   
               (1)
            
            
               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.
            
         
               (2)
            
            
               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.
            
         
               (3)
            
            
               Regulation (EC) No 2229/2004 provides producers in the Czech Republic, in Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, with the opportunity to participate in the fourth stage of the programme of work and organises the review of substances which were on the market in those Member States on 30 April 2004 and had not been included in the work programme.
            
         
               (4)
            
            
               With respect to certain active substances no producer submitted a notification pursuant to Article 4(1) of Regulation (EC) No 2229/2004. When the Commission informed the Member States of this fact on 18 November 2005, no new Member State notified a declaration of interest within the deadline.
            
         
               (5)
            
            
               With respect to certain other active substances all notifiers withdrew their participation in the programme of work. The Commission provided the Member States with this information on 4 April 2006. Only in three cases Member States have chosen to act as notifiers for the purposes of further participation in the programme of work, pursuant to Article 14(3) of Regulation (EC) No 2229/2004.
            
         
               (6)
            
            
               For certain active substances no complete dossier has been submitted and no Member State has expressed the will to act as notifier.
            
         
               (7)
            
            
               Consequently, the active substances referred to in recitals 4, 5 and 6, should not be included in Annex I to Directive 91/414/EEC and Member States should withdraw all authorisations for plant protection products containing those active substances.
            
         
               (8)
            
            
               For some of those active substances 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.
            
         
               (9)
            
            
               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, it is reasonable to provide for a period of grace for disposal, storage, placing on the market and use of existing stocks no longer than twelve months to allow existing stocks to be used in no more than one further growing. In cases where a longer advance notice period is provided, such period can be shortened to expire at the end of the growing season.
            
         
               (10)
            
            
               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.
            
         
               (11)
            
            
               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
            
         HAS ADOPTED THIS DECISION:
   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:
   
               (a)
            
            
               authorisations for plant protection products containing the active substances listed in Annex I are withdrawn by 22 December 2007;
            
         
               (b)
            
            
               no authorisations for plant protection products containing these active substances are granted or renewed from the date of publication of this Decision.
            
         Article 3
   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 June 2010, 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 in paragraph 1, shall inform the Commission about the measures taken under paragraph 1, and, in particular, under points (a) to (d), by 31 December of each year.
   Article 4
   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 22 December 2008 at the latest.
   For authorisations which are withdrawn in accordance with Article 3, it shall expire on 31 December 2010 at the latest.
   Article 5
   This Decision is addressed to the Member States.
   
      Done at Brussels, 21 June 2007.
      
         
            For the Commission
         
         Markos KYPRIANOU
         
            Member of the Commission
         
      
   
   
      (1)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2007/31/EC (OJ L 140, 1.6.2007, p. 44).
   
      (2)  OJ L 168, 27.6.2002, p. 14.
   
      (3)  OJ L 379, 24.12.2004, p. 13.
   ANNEX I
   List of active substances which are not included as active substances in Annex I to Directive 91/414/EEC
   Part A
   2-hydroxyethyl butyl sulphide
   2-Naphthyloxyacetamide
   3-phenyl 2-propenal (Cinnamaldehyde)
   Amino acids/Gamma Aminobutyric acid
   Ammonium carbonate
   Asphalts
   Calcium chloride
   Calcium hydroxide
   Casein
   Chitosan
   Cis-Zeatin
   Citronellol
   Citrus extract/grapefruit extract
   Citrus extract/Grapefruit seed extract
   Conifer needle powder
   Daphne oil
   EDTA and salts thereof
   Extract from Mentha piperata
   
   Extract from plants Red oak, Pronikly pear cactus, Fragrant sumac, Red mangrove
   Fatty acids/Isobutyric acid (CAS 79-31-2)
   Fatty acids/Isovaleric acid (CAS 503-74-2)
   Fatty acids/potassium salt — caprylic acid (CAS 124-07-2)
   Fatty acids/potassium salt — tall oil fatty acid (CAS 61790-12-3)
   Fatty Acids/Valeric acid
   Folic acid
   Formic acid
   Garlic pulp
   Gelatine
   Iron pyrophosphate
   Lanolin
   Lecithin
   Milk albumin
   Mustard powder
   Olein
   Paraffin oil/(CAS 64741-88-4)
   Paraffin oil/(CAS 64741-89-5)
   Paraffin oil/(CAS 64741-97-5)
   Paraffin oil/(CAS 64742-55-8)
   Paraffin oil/(CAS 64742-65-0)
   Paraffin oil/(CAS 8012-95-1)
   Petroleum oils/(CAS 74869-22-0)
   Petroleum oils/(CAS 64742-55-8/64742-57-7)
   Plant oils/Olive oil
   Plant oils/Etheric oil (Eugenol)
   Plant oils/Gaiac wood oil
   Plant oils/Garlic oil
   Plant oils/Lemongrass oil
   Plant oils/Orange oil
   Plant oils/Pinus oil
   Plant oils/Soya oil
   Plant oils/Sunflower oil
   Plant oils/Ylang-Ylang oil
   Polymer of styrene and acrylamide
   Repellent (by taste) of vegetal and animal origin/extract of food grade/phosphoric acid and fish flour
   Propolis
   Repellents (by smell) animal plant origin/essential oils
   Repellents (by smell) of animal or plant origin/Fatty acids, fish oil
   Repellents (by smell) of animal or plant origin/Tall oil crude (CAS 93571-80-3)
   Sodium hydrogen carbonate
   Part B
   1 Methoxy-4-propenylbenzene (Anethole)
   1 Methyl-4-isopropylidenecyclohex-1-ene (Terpinolene)
   2-Ethyl-1, 6-dioxaspiro (4,4) nonan (chalcogran)
   2 ethyl-1, 6-Dioxaspiro (4,4) nonan
   2-Methoxypropan-1-ol
   2-Methoxypropan-2-ol
   2-Methyl-3-buten-2-ol
   2-Methyl-6-methylene-2,7-octadien-4-ol (ipsdienol)
   2-Methyl-6-methylene-7-octen-4-ol (Ipsenol)
   2,6,6-Trimethylbicyclo[3.1.1]hept-2-ene (alpha-Pinen)
   4,6,6-Trimethyl-bicyclo[3.1.1]hept-3-en-ol,((S)-cis-verbenol)
   3-Methyl-3-buten-1-ol
   3,7,7-Trimethylbicyclo[4.1.0]hept-3-ene (3-Carene)
   (E)-2-Methyl-6-methylene-2,7-octadien-1-ol (myrcenol)
   E-9-Dodecen-1-yl acetate
   (8E, 10E)-8,10-Dodecadiene 1-yl acetate
   (E, Z)-8,10-Tetradecadienyl
   (E/Z)-9-Dodecenyl acetate; (E/Z)-9-Dodecen-1-ol; (Z)-11-Tetradecen-1-yl acetate
   (IR)-1,3,3-Trimethyl-4,6-dioxatricyclo[3.3.1.0] nonane (lineatin)
   Methyl p-hydroxybenzoate
   p-Hydroxybenzoic acid
   Part C
   
      Agrobacterium radiobacter K 84
   
      Bacillus sphaericus
   
   
      Bacillus subtilis strain IBE 711
   Baculovirus GV
   
      Neodiprion sertifer nuclear polyhedrosis virus
   Part D
   Brodifacum
   Chloralose
   Chlorophacinone
   Tricalcium phosphate
   Part F
   Formaldehyde
   Glutaraldehyde
   HBTA (High Boiling Tar Acid) Notified as Disinfectant
   Hydrogen peroxide
   Peracetic acid
   Phoxim
   Sodium p-toluenesulphon-chloramide
   Part G
   1,3,5 Tir-(2-hydroxyethyl)-hexa-hydro-S-triazyne
   2-Mercaptobenzothiazole
   2-Methoxy-5-nitrofenol sodium salt
   3(3-Benzyloxycarbonyl-methyl)-2-benzothiazolinone (Benzolinone)
   Biohumus
   Cumylphenol
   Copper complex: 8-hydroxyquinolin with salicylic acid
   Ethanedial (glyoxal)
   Flufenzin
   Flumetsulam
   Hexamethylene tetramine
   Lactofen
   Jasmonic acid
   N-phenylphthalamic acid
   ANNEX II
   List of authorisations referred to in Article 3(1)
   
               Column A
            
            
               Column B
            
            
               Column C
            
         
               Active substance
            
            
               Member State
            
            
               Use
            
         
               Chitosan (Group A)
            
            
               Poland
            
            
               Vegetables and ornamentals.
            
         
               Conifer Needle powder (Group A)
            
            
               Latvia
            
            
               Raspberries, onions, carrots, cabbages, radishes, swedes and gladiolus.
            
         
               Calcium chloride (Group A)
            
            
               The Netherlands
            
            
               Chicory roots.
            
         
               Spain
            
            
               Apple and pear.
            
         
               Calcium hydroxide (Group A)
            
            
               The Netherlands
            
            
               Orchards and nurseries of fruit trees.
            
         
               
                  Cis-zeatin (Group A)
            
            
               Portugal
            
            
               Plant extract used as plant growth regulator on cereals, vegetables, orchards, vineyards, citrus fruit, ornamentals and forestry.
            
         
               Citrus extract/grapefruit extract (Group A)
            
            
               Poland
            
            
               Vegetables, ornamental crops and seed treatment, disinfection of indoor equipment.
            
         
               EDTA and salts thereof (Group A)
            
            
               Poland
            
            
               Trees in nurseries.
            
         
               Extract from mentha piperata (Group A)
            
            
               Poland
            
            
               Seed treatment in pre-sowing phase.
            
         
               Extract from plants Red oak, Pronikly pear cactus, Fragrant sumac, Red mangrove (Group A)
            
            
               Poland
            
            
               Sugar beet.
            
         
               Fatty acids/Isovaleric acid (Group A)
            
            
               Poland
            
            
               Potato, maize, cereals and beet.
            
         
               Fatty acids/Isobutyric acid (Group A)
            
            
               Poland
            
            
               Potato, maize, cereals and beet.
            
         
               Fatty acids/potassium salt — caprylic acid (CAS 124-07-2) (Group A)
            
            
               Poland
            
            
               Control of weeds and mosses in gardens and recreational areas.
            
         
               Folic Acid (Group A)
            
            
               Spain
            
            
               Orchards, olives, citrus, strawberries and vegetables.
            
         
               Formic acid (Group A)
            
            
               The Netherlands
            
            
               Chicory.
            
         
               Garlic Pulp (Group A)
            
            
               Poland
            
            
               Vegetables and ornamentals crops.
            
         
               Lanolin (Group A)
            
            
               Slovak Republic
            
            
               Forest plantations.
            
         
               Lecithin (Group A)
            
            
               Austria
            
            
               Blackcurrant and fruiting vegetables.
            
         
               Germany
            
            
               Ornamentals, orchards, small berries, spices, herbs and vegetables.
            
         
               Paraffin oil (CAS 64741-88-4) (Group A)
            
            
               Poland
            
            
               Seed potato crop.
            
         
               Paraffin oil (CAS 8012-95-1) (Group A)
            
            
               Hungary
            
            
               Fruit trees, grapevine, pepper, cucumber, sugar beet, ornamentals and berries.
            
         
               Spain
            
            
               Cereals.
            
         
               Plants oils/Orange oil (Group A)
            
            
               Poland
            
            
               Lettuce.
            
         
               Repellents (by smell) of animal or plant origin/Tall oil crude (CAS 93571-80-3) (Group A)
            
            
               Lithuania
            
            
               Forest plantations.
            
         
               Repellents (by taste) of vegetal and animal origin/extract of food grade/phosphoric acid and fish flour (Group A)
            
            
               Poland
            
            
               Potato, beet, cereals, oilseed rape, leguminous crops.
            
         
               1 methoxy-4-propenylbenzene (anethole) (Group B)
            
            
               Poland
            
            
               Forest plantations.
            
         
               Spain
            
            
               Almond, cherry, plum, apple, melon and pear.
            
         
               1 Methyl-4-isopropylidenecyclohex-1-ene (Terpinolene) (Group B)
            
            
               Poland
            
            
               Forest plantations.
            
         
               2,6,6,-trimethylbicyclo [3.1.1] hept 2-ene (alpha-Pinen) (Group B)
            
            
               Poland
            
            
               Forest plantations.
            
         
               4,6,6-trimethyl-bicyclo[3.1.1] hept-3-en-ol,((S)-cis-verbenol) (Group B)
            
            
               Poland
            
            
               Forest plantations.
            
         
               2-Ethyl-1, 6-dioxaspiro (4,4) nonan (chalcogran) (Group B)
            
            
               Poland
            
            
               Forest plantations.
            
         
               2- methyl-3 buten-2-ol (Group B)
            
            
               Poland
            
            
               Forest plantations.
            
         
               3,7,7-Trimethylbicyclo [4.1.0] hept-3-ene (3-Carene) (Group B)
            
            
               Poland
            
            
               Forest plantations.
            
         
               (E)-2-Methyl-6-methylene-2, 7-octadien-1-ol (myrcenol) (Group B)
            
            
               Poland
            
            
               Forest plantations.
            
         
               2-Methyl-6-methylene-2, 7-octadien-4-ol (ipsdienol) (Group B)
            
            
               Poland
            
            
               Forest plantations.
            
         
               Methyl p-hydroxybenzoate (Group B)
            
            
               Poland
            
            
               Forest plantations.
            
         
               Brodifacum (Group D)
            
            
               Germany, Spain
            
            
               Rodenticide: limited to pre-prepared baits if appropriately placed in specially constructed hoppers. Limited to professional users with appropriate protective equipment.
            
         
               Poland
            
            
               Rodenticide and talpicide: limited to pre-prepared baits if appropriately placed in specially constructed hoppers. Limited to professional users with appropriate protective equipment.
            
         
               Chloralose (Group D)
            
            
               France
            
            
               Used to control populations of Corvus spp and moles. Limited to professional users with appropriate protective equipment. Restricted authorisation to applications in baits and under controlled conditions as set by a national specific Regulation.
            
         
               Chlorophacinone (Group D)
            
            
               France, Germany, Spain
            
            
               Rodenticide: use limited to pre-prepared baits if appropriately placed in specially constructed hoppers. Limited to professional users with appropriate protective equipment.
            
         
               Glutaraldehyde (Group F)
            
            
               Belgium
            
            
               Limited to professional users with appropriate protective equipment. Disinfection of agricultural tools, transportation vehicles, empty mushroom growing rooms, empty storage warehouses for plant products.
            
         
               France
            
            
               Limited to professional users with appropriate protective equipment. Disinfection of empty storage warehouses for plant products and of agricultural tools.
            
         
               Poland
            
            
               Limited to professional users with appropriate protective equipment. Disinfection of agricultural tools, transportation vehicles, empty storage warehouses for plant products and greenhouses.
            
         
               Hydrogen peroxide (Group F)
            
            
               France
            
            
               Disinfection of glasshouses, agricultural equipments and irrigation pipes.
            
         
               The Netherlands
            
            
               Flowers bulbs and chicory.
            
         
               United Kingdom
            
            
               Flower bulbs, potato tubers and disinfection of glasshouses, warehouses and agricultural tools and equipments.
            
         
               Peracetic acid (Group F)
            
            
               France
            
            
               Disinfection of glasshouses, agricultural equipments and irrigation pipes.
            
         
               Poland
            
            
               Disinfection of glasshouses, warehouses and agricultural tools and equipments.
            
         
               The Netherlands
            
            
               Flower bulbs.
            
         
               United Kingdom
            
            
               Flower bulbs, potato tubers and disinfection of glasshouses, warehouses and agricultural tools and equipments.
            
         
               Phoxim
            
            
               Slovenia
            
            
               Insecticide used in soil application.
            
         
               1,3,5 Tir — (2-hydroxyethyl)-hexa-hydro-S-triazyne (Group G)
            
            
               Poland
            
            
               Equipment, greenhouses, machines and other agricultural tools.
            
         
               Hexamethylene tetramin (Group G)
            
            
               Slovak Republic
            
            
               Forest plantations.
            
         
               Bio humus (Group G)
            
            
               Poland
            
            
               Ornamental plants and plant enhancer.
            
         
               Flufenzin (Group G)
            
            
               Hungary
            
            
               Fruit trees, grapevine, berries, vegetables and ornamental trees.
            
         
               Ethanedial (glyoxal) (Group G)
            
            
               Poland
            
            
               Limited to professional users with appropriate protective equipment. Disinfection of agricultural tools, transportation vehicles, greenhouses and empty storage warehouses for plant products.
            
         
               N- phenylphthalamic acid (Group G)
            
            
               Hungary
            
            
               Vegetables, sunflower, soya, alfalfa, lupine, crimson-clover, rape, rice, sour-cherry, apple and grape-vine.