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Version Superseded: 31/12/2020
Point in time view as at 01/01/2012.
There are currently no known outstanding effects for the 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).
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THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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 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 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, their support for the inclusion of those substances.
(4) The Commission has examined the draft assessment reports, the recommendations from the rapporteur Member States and the comments from other Member States and has come to the conclusion that Articles 11b and 11f do not apply. Consequently, Article 11e applies.
(5) The substances listed in the Annex to this Decision should therefore not be included in Annex I to Directive 91/414/EEC.
(6) 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.
(7) 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.
(8) 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 rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I(4) in accordance with the accelerated procedure provided for in Articles 13 to 22 of that Regulation.
(9) 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.
(10) 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:
The substances listed in the Annex to this Decision shall not be included as active substances in Annex I to Directive 91/414/EEC.
Member States shall withdraw authorisations for plant protection products containing one or several of the substances listed in the Annex by 31 December 2010 at the latest.
[F1However, the latest date for Member States to withdraw such authorisations shall be 31 December 2011 where an application has been submitted in accordance with the accelerated procedure provided for in Articles 14 to 19 of Regulation (EC) No 33/2008.]
Textual Amendments
F1 Inserted by Commission Decision of 13 August 2010 amending Decisions 2008/934/EC and 2008/941/EC as regards the date until which authorisations may continue to be in force and the period of grace, in cases where the notifier has submitted an application in accordance with the accelerated procedure under Regulation (EC) No 33/2008 (notified under document C(2010) 5536) (Text with EEA relevance) (2010/455/EU).
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.
[F1However, any such period of grace shall expire on 31 December 2012 at the latest where an application has been submitted in accordance with the accelerated procedure provided for in Articles 14 to 19 of Regulation (EC) No 33/2008.]
Textual Amendments
F1 Inserted by Commission Decision of 13 August 2010 amending Decisions 2008/934/EC and 2008/941/EC as regards the date until which authorisations may continue to be in force and the period of grace, in cases where the notifier has submitted an application in accordance with the accelerated procedure under Regulation (EC) No 33/2008 (notified under document C(2010) 5536) (Text with EEA relevance) (2010/455/EU).
This Decision is addressed to the Member States.
Active substance | Draft assessment report communicated to the notifier on |
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[ F2 ] | |
[ F3 ] | |
[ F4 ] | |
[ F5 ] | |
[ F6 ] | |
[ F7 ] | |
[ F8 ] | |
[ F9 ] | |
[ F10 ] | |
[ F11 ] | |
[ F12 ] | |
[ F13 ] | |
[ F14 ] | |
[ F15 ] | |
[ F16 ] | |
[ F17 ] | |
Ethalfluralin | 4 October 2007 |
[ F18 ] | |
[ F19 ] | |
[ F20 ] | |
[ F21 ] | |
[ F22 ] | |
[ F23 ] | |
[ F24 ] | |
[ F25 ] | |
[ F26 ] | |
[ F27 ] | |
[ F28 ] | |
Guazatine | 8 November 2007 |
[ F29 ] | |
[ F30 ] | |
[ F31 ] | |
[ F32 ] | |
[ F33 ] | |
[ F34 ] | |
[ F35 ] | |
[ F36 ] | |
[ F37 ] | |
[ F38 ] | |
[ F39 ] | |
[ F40 ] | |
[ F41 ] | |
[ F42 ] | |
[ F43 ] | |
[ F44 ] | |
[ F45 ] | |
[ F46 ] | |
[ F47 ] | |
Thiobencarb | 21 July 2006 |
Textual Amendments
F2 Deleted by Commission Implementing Regulation (EU) No 1372/2011 of 21 December 2011 concerning the non-approval of the active substance acetochlor, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F3 Deleted by Commission Implementing Regulation (EU) No 974/2011 of 29 September 2011 approving the active substance acrinathrin, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 and Commission Decision 2008/934/EC (Text with EEA relevance).
F4 Deleted by Commission Implementing Regulation (EU) No 1045/2011 of 19 October 2011 concerning the non-approval of the active substance asulam, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F5 Deleted by Commission Implementing Regulation (EU) No 1278/2011 of 8 December 2011 approving the active substance bitertanol, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 and Commission Decision 2008/934/EC (Text with EEA relevance).
F6 Deleted by Commission Directive 2011/25/EU of 3 March 2011 amending Council Directive 91/414/EEC to include bupirimate as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F7 Deleted by Commission Implementing Directive 2011/50/EU of 19 April 2011 amending Council Directive 91/414/EEC to include carbetamide as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F8 Deleted by Commission Implementing Directive 2011/52/EU of 20 April 2011 amending Council Directive 91/414/EEC to include carboxin as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F9 Deleted by Commission Implementing Regulation (EU) No 1381/2011 of 22 December 2011 concerning the non-approval of the active substance chloropicrin, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Decision 2008/934/EC (Text with EEA relevance).
F10 Deleted by Commission Directive 2011/21/EU of 2 March 2011 amending Council Directive 91/414/EEC to include clethodim as active substance and amending Decision 2008/934/EC (Text with EEA relevance).
F11 Deleted by Commission Directive 2011/4/EU of 20 January 2011 amending Council Directive 91/414/EEC to include cycloxydim as active substance and amending Decision 2008/934/EC (Text with EEA relevance).
F12 Deleted by Commission Implementing Directive 2011/56/EU of 27 April 2011 amending Council Directive 91/414/EEC to include cyproconazole as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F13 Deleted by Commission Implementing Directive 2011/53/EU of 20 April 2011 amending Council Directive 91/414/EEC to include dazomet as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F14 Deleted by Commission Implementing Directive 2011/45/EU of 13 April 2011 amending Council Directive 91/414/EEC to include diclofop as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F15 Deleted by Commission Directive 2011/26/EU of 3 March 2011 amending Council Directive 91/414/EEC to include diethofencarb as active substance and amending Decision 2008/934/EC (Text with EEA relevance).
F16 Deleted by Commission Implementing Directive 2011/41/EU of 11 April 2011 amending Council Directive 91/414/EEC to include dithianon as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F17 Deleted by Commission Directive 2011/9/EU of 1 February 2011 amending Council Directive 91/414/EEC to include dodine as active substance and amending Decision 2008/934/EC (Text with EEA relevance).
F18 Deleted by Commission Directive 2011/29/EU of 7 March 2011 amending Council Directive 91/414/EEC to include etridiazole as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F19 Deleted by Commission Implementing Directive 2011/39/EU of 11 April 2011 amending Council Directive 91/414/EEC to include fenazaquin as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F20 Deleted by Commission Directive 2010/87/EU of 3 December 2010 amending Council Directive 91/414/EEC to include fenbuconazole as active substance and amending Decision 2008/934/EC (Text with EEA relevance).
F21 Deleted by Commission Directive 2011/30/EU of 7 March 2011 amending Council Directive 91/414/EEC to include fenbutatin oxide as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F22 Deleted by Commission Directive 2011/20/EU of 2 March 2011 amending Council Directive 91/414/EEC to include fenoxycarb as active substance and amending Decision 2008/934/EC (Text with EEA relevance).
F23 Deleted by Commission Implementing Regulation (EU) No 788/2011 of 5 August 2011 approving the active substance fluazifop-P, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 and Commission Decision 2008/934/EC (Text with EEA relevance).
F24 Deleted by Commission Implementing Regulation (EU) No 942/2011 of 22 September 2011 concerning the non-approval of the active substance flufenoxuron, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F25 Deleted by Commission Implementing Directive 2011/57/EU of 27 April 2011 amending Council Directive 91/414/EEC to include fluometuron as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F26 Deleted by Commission Implementing Regulation (EU) No 806/2011 of 10 August 2011 approving the active substance fluquinconazole, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 and Commission Decision 2008/934/EC (Text with EEA relevance).
F27 Deleted by Commission Directive 2011/34/EU of 8 March 2011 amending Council Directive 91/414/EEC to include flurochloridone as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F28 Deleted by Commission Implementing Directive 2011/42/EU of 11 April 2011 amending Council Directive 91/414/EEC to include flutriafol as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F29 Deleted by Commission Implementing Directive 2011/46/EU of 14 April 2011 amending Council Directive 91/414/EEC to include hexythiazox as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F30 Deleted by Commission Directive 2011/5/EU of 20 January 2011 amending Council Directive 91/414/EEC to include hymexazol as active substance and amending Decision 2008/934/EC (Text with EEA relevance).
F31 Deleted by Commission Directive 2011/32/EU of 8 March 2011 amending Council Directive 91/414/EEC to include isoxaben as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F32 Deleted by Commission Implementing Directive 2011/54/EU of 20 April 2011 amending Council Directive 91/414/EEC to include metaldehyde as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F33 Deleted by Commission Directive 2010/91/EU of 10 December 2010 amending Council Directive 91/414/EEC to include metosulam as active substance and amending Decision 2008/934/EC (Text with EEA relevance).
F34 Deleted by Commission Directive 2011/2/EU of 7 January 2011 amending Council Directive 91/414/EEC to include myclobutanil as active substance and amending Decision 2008/934/EC (Text with EEA relevance).
F35 Deleted by Commission Directive 2011/27/EU of 4 March 2011 amending Council Directive 91/414/EEC to include oryzalin as active substance and amending Decision 2008/934/EC (Text with EEA relevance).
F36 Deleted by Commission Implementing Regulation (EU) No 798/2011 of 9 August 2011 approving the active substance oxyfluorfen, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 and Commission Decision 2008/934/EC (Text with EEA relevance).
F37 Deleted by Commission Implementing Directive 2011/55/EU of 26 April 2011 amending Council Directive 91/414/EEC to include paclobutrazol as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F38 Deleted by Commission Implementing Directive 2011/49/EU of 18 April 2011 amending Council Directive 91/414/EEC to include pencycuron as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F39 Deleted by Commission Implementing Regulation (EU) No 1143/2011 of 10 November 2011 approving the active substance prochloraz, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 and Commission Decision 2008/934/EC (Text with EEA relevance).
F40 Deleted by Commission Implementing Regulation (EU) No 943/2011 of 22 September 2011 concerning the non-approval of the active substance propargite, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F41 Deleted by Commission Directive 2010/90/EU of 7 December 2010 amending Council Directive 91/414/EEC to include pyridaben as active substance and amending Decision 2008/934/EC (Text with EEA relevance).
F42 Deleted by Commission Directive 2010/89/EU of 6 December 2010 amending Council Directive 91/414/EEC to include quinmerac as active substance and amending Decision 2008/934/EC (Text with EEA relevance).
F43 Deleted by Commission Implementing Directive 2011/40/EU of 11 April 2011 amending Council Directive 91/414/EEC to include sintofen as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F44 Deleted by Commission Directive 2011/19/EU of 2 March 2011 amending Council Directive 91/414/EEC to include tau-fluvalinate as active substance and amending Decision 2008/934/EC (Text with EEA relevance).
F45 Deleted by Commission Implementing Directive 2011/60/EU of 23 May 2011 amending Council Directive 91/414/EEC to include tebufenozide as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F46 Deleted by Commission Implementing Regulation (EU) No 800/2011 of 9 August 2011 approving the active substance tefluthrin, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 and amending Commission Decision 2008/934/EC (Text with EEA relevance).
F47 Deleted by Commission Implementing Regulation (EU) No 820/2011 of 16 August 2011 approving the active substance terbuthylazine, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 and Commission Decision 2008/934/EC (Text with EEA relevance).
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