LegalizeCommission Regulation (EC) No 1980/2006 of 20 December 2006 laying down transitional measures amending Regulation (EC) Νο 2076/2002 and Decisions 2001/245/EC, 2002/928/EC and 2006/797/EC as regards the continued use of certain active substances not included in Annex I to Directive 91/414/EEC by reason of the accession of Bulgaria (Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty of Accession of Bulgaria and Romania, and in particular Article 4(3) thereof,
Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 42 thereof,
Whereas:
(1) Commission Regulation (EC) No 2076/2002 (1) and Commission Decisions 2001/245/EEC (2), 2002/928/EEC (3), and 2006/797/EC (4) contain provisions for the non-inclusion of certain active substances in Annex I to Directive 91/414/EEC and for the withdrawal by Member States of all authorizations for plant protection products containing those active substances. Those acts provide for derogations permitting the continued use of some of those substances for a limited period of time while alternatives are being developed.
(2) Bulgaria applied for transitional measures for certain active substances in order to ensure that the production may be phased out gradually or that a dossier satisfying the requirements of Directive 91/414/EEC may be submitted.
(3) 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 to allow, under strict conditions aimed at minimising any possible risk, a longer period for the withdrawal of existing authorisations for essential uses for which no alternatives are currently available.
(4) Regulation (EC) 2076/2002 and Decisions 2001/245/EEC, 2002/928/EEC and 2006/797/EC should therefore be amended accordingly.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2076/2002 is amended as follows:
Article 2
Decision 2001/245/EC is amended as follows:
In Article 3 a second paragraph is added:
‘By way of derogation from the first paragraph, any period of grace granted by Bulgaria, in accordance with Article 4(6) of Directive 91/414/EEC, for the uses referred to in Article 2(2), shall be as short as possible and shall expire not later than 31 December 2009.’
Article 3
Decision 2002/928/EC is amended as follows:
In the Annex, in the line referring to benomyl, under column B the word ‘Bulgaria’ is added and under column C the words ‘Limited to professional users with appropriate protective equipment. Vineyards, peaches, tomatoes and tobacco’ are added.
Article 4
Decision 2006/797/EC is amended as follows:
In Article 4 the third paragraph is replaced by the following:
‘Where authorisations shall be withdrawn in accordance with Article 3(1) by 31 May 2010 at the latest, the period shall expire on 30 November 2010 at the latest. Where authorisations shall be withdrawn in accordance with Article 3(3) by 30 June 2009 at the latest, the period shall expire on 31 December 2009 at the latest.’
In the Annex to Decision 2006/797/EC, the title to the annex is replaced by the words ‘List of authorisations referred to in Article 3(1) and 3(2)’. In the line referring to Sodium tetrathiocarbonate under column B the word ‘Bulgaria’ is added and under column C the words ‘Soil disinfection in horticulture and vineyards.’ are added.
Article 5
This Regulation shall enter into force subject to and on the date of entry into force of the Treaty of Accession of Bulgaria and Romania.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 December 2006.
For the Commission Markos KYPRIANOU Member of the Commission
(1) OJ L 319, 23.11.2002, p. 3. Regulation as last amended by Regulation (EC) No 1335/2005, (OJ L 211, 13.8.2005, p. 6).
(2) OJ L 88, 28.3.2001, p. 19.
(3) OJ L 322, 27.11.2002, p. 53. Decision as last amended by Regulation (EC) No 1335/2005.
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