2008/317/EC: Commission Decision of 10 April 2008 concerning the non-inclusion of rotenone, extract from equisetum and chinin-hydrochlorid 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) 1293) (Text with EEA relevance)

• CELEX: Directive 91/414/EEC
• Articles: 7

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authorisations for plant protection products containing the active substances listed in Annex I are withdrawn by 10 October 2008;

(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 April 2011, 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For authorisations which are withdrawn in accordance with Article 2, that period shall expire on 10 October 2009 at the latest.

For authorisations which are withdrawn in accordance with Article 3, it shall expire on 31 October 2011 at the latest.

Article 5

This Decision is addressed to the Member States.

Schedules & Appendices

ANNEX I

ANNEX I

List of active substances which are not included as active substances in Annex I to Directive 91/414/EEC

Rotenone

Extract of equisetum

Chinin hydrochloride

ANNEX II

ANNEX II

List of authorisations referred to in Article 3(1)

Column A

Column B

Column C

Active substance

Member State

Use

Rotenone

France

Apple, pear, peach, cherry, grapevine and potato.

Limited to professional users with appropriate protective equipment.

Rotenone

Italy

Apple, pear, peach, cherry, grapevine and potato.

Limited to professional users with appropriate protective equipment.

Rotenone

United Kingdom

Apple, pear, peach, cherry, ornamentals and potato.

Limited to professional users with appropriate protective equipment.