Regulation (EEC) No 3600/92 is amended as follows:
1. In Article 5, the following paragraph 4A is inserted:
'4A. From the time of the adoption of the Regulation referred to in paragraph 2, if a Member State envisages to take action to withdraw from the market or to restrict severely the use of a plant protection product containing an active substance listed in that regulation, where that action is based on information contained in the dossiers referred to in Article 6 or the report referred to in Article 7, the Member State shall as soon as possible inform the Commission and the other Member States, citing the reasons for its intended action.`
2. Article 7 is amended as follows:
(a) in paragraph 1, the following point (d) is added:
'(d) in particular, include in the report a reference to each test and study report, for each point of Annex II to the Directive, relied on for the assessment in the form of a list of test and study reports including the title, the author(s), the date of the study or test and the date of publication, the standard to which the test or study was conducted, the holder's name and, if any, the claim made by the holder or notifier for data protection.`
(b) Paragraphs 2 and 3 are replaced by the following:
'2. From the start of the examination referred to in paragraph 1, the rapporteur Member State may request the notifiers to improve their dossiers, or add to them. Moreover, the rapporteur Member State may, from the start of this examination, consult with experts from other Member States, and may request additional technical or scientific information from other Member States in order to assist the evaluation.
3. After receiving the summary dossier and the report referred to in paragraph 1, the Commission shall refer the dossier and the report to the Committee for examination.
Before referring the dossier and report to the Committee, the Commission shall circulate the rapporteur's report to the Member States for information. The Member States shall make available at specific request or keep available for consultation by interested parties the information referred to in point (d) of paragraph 1, except the elements thereof which have been accepted as confidential in accordance with Article 14 of the Directive, as well as the name and content of the active substance.
Before the dossier and report are referred to the Committee, a consultation of experts from the Member States may be organized and the Commission may consult some or all of the notifiers of active substances specified in the regulation referred to in Article 5 (2) on the report or parts of the report on the relevant active substance.`
(c) The following paragraph 3A is inserted:
'3A. After the examination referred to in paragraph 3, the Commission shall, without prejudice to any proposal it may submit with a view to amending the Annex to Directive 79/117/EEC, present to the Committee:
(a) a draft directive to include the active substance in Annex I to the Directive, setting out where appropriate the conditions, including the time-limit, for such inclusion;
(b) a draft decision addressed to the Member States to withdraw the authorizations of plant protection products containing the active substance, pursuant to the fourth subparagraph of Article 8 (2) of the Directive, whereby that active substance is not included in Annex I to the Directive;
(c) a draft decision addressed to the Member States to suspend plant protection products containing the active substance from the market, with the option of reconsidering the inclusion of the active substance in Annex I to the Directive after submission of the results of additional trials or of additional information; or
(d) a draft decision to postpone inclusion of the active substance in Annex I to the Directive pending the submission of the results of additional trials or information.`
(d) The following paragraph 6 is added:
'6. Where the Commission presents a draft directive or a draft decision in accordance with paragraph 3A or a draft in accordance with paragraph 5, it shall at the same time present the conclusions of the Committee's examination in the format of an up-dated review report to be noted in the summary record of the meeting.
The review report, excluding any parts which refer to confidential information contained in the dossiers and determined as such in accordance with Article 14 of the Directive, shall be made available by each Member State on specific request, or shall be kept available for consultation by interested parties.`