# Commission Regulation (EC) No 2076/2002 of 20 November 2002 extending the time period referred to in Article 8(2) of Council Directive 91/414/EEC and concerning the non-inclusion of certain active substances in Annex I to that Directive and the withdrawal of authorisations for plant protection products containing these substances (Text with EEA relevance) EU Regulation No 2076/2002 · adopted 20 November 2002 Commission Regulation (EC) No 2076/2002 of 20 November 2002 extending the time period referred to in Article 8(2) of Council Directive 91/414/EEC and concerning the non-inclusion of certain active substances in Annex I to that Directive and the withdrawal of authorisations for plant protection products containing these substances (Text with EEA relevance) ## Introductory text Commission Regulation (EC) No 2076/2002 of 20 November 2002 extending the time period referred to in Article 8(2) of Council Directive 91/414/EEC and concerning the non-inclusion of certain active substances in Annex I to that Directive and the withdrawal of authorisations for plant protection products containing these substances (Text with EEA relevance) 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, as last amended by Commission Directive 2002/81/EC, and in particular Article 8(2) thereof, Having regard to Commission Regulation (EC) No 451/2000 of 28 February 2000 laying down the detailed rules for the implementation of the second and third stages of the work programme referred to in Article 8(2) of Directive 91/414/EEC, as last amended by Regulation (EC) No 1490/2002, and in particular Article 6(7) and Article 11(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 that are already on the market two years after the date of notification, except where a decision has been taken not to include a substance in Annex I. (2) Commission Regulation (EEC) No 3600/92, as last amended by Regulation (EC) No 2266/2000, Regulation (EC) No 451/2000 and Regulation (EC) No 1490/2002 lay down the detailed rules for the implementation of the first, second and third stages of the programme of work referred to in Article 8(2) of Directive 91/414/EEC. This programme is ongoing and it has not been possible yet to complete decision making on a number of active substances. The notification procedure for the active substances covered by Regulation (EC) No 1112/2002 has not yet been finalised either and therefore for certain of these active substances the time period will also need to be extended. (3) The Commission presented its progress report on 26 July 2001. It concluded that progress has not been as good as was originally anticipated and therefore the deadline should be extended for those substances still under review or for which industry has notified a commitment to further prepare the necessary dossiers within the time limits. (4) For the active substances covered by the first stage the Commission will ensure that as many decisions as possible are taken before July 2003, acknowledging however that for a number of active substances a decision can not be taken before 2005. Additional time is needed to evaluate the further data required by the Commission before it can be decided whether these active substances satisfy the safety requirements of Directive 91/414/EEC and the Commission will ensure that the extension of the time period will be as short as possible. (5) Active substances for which a commitment to further prepare the necessary dossier has not been notified, should not be included in Annex I to Directive 91/414/EEC and Member States should withdraw all authorisations for plant protection products containing such active substances. (6) For uses for which additional technical evidence has been provided demonstrating the essential need for further use of the active substance and the absence of an efficient alternative, temporary measures should be provided to enable the development of alternatives. For a number of uses such information has been presented and evaluated by the Commission with Member State experts. Derogations should be given only for cases, which appear justified and as not giving rise to concern, and should be restricted to the control of harmful organisms, for which no efficient alternatives exist. (7) 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: ## 1 The time period of 12 years referred to in Article 8(2) of Directive 91/414/EEC is extended until 31 December 2006 for the active substances which are assessed in the framework of Regulation (EEC) No 3600/92, until 30 September 2007 for the active substances which are assessed in the framework of the second stage under Regulation (EC) No 451/2000, and until 31 December 2009 for the active substances which are assessed in the framework of Regulation (EC) No 1490/2002, unless a decision has been taken or is taken before the relevant date to include or not include the active substance concerned in Annex I to Directive 91/414/EEC. However, for metalaxyl the time period of 12 years referred to in Article 8(2) of Directive 91/414/EEC shall be extended until 30 June 2010 . During those periods Member States may continue to authorise or authorise again the placing on the market of plant protection products containing those active substances, in accordance with the provisions of Article 8(2) of Directive 91/414/EEC. ## 2 1. The active substances listed in Annex I to this Regulation are not included as active substance in Annex I to Directive 91/414/EEC. 2. Member States shall ensure that authorisations for plant protection products containing the active substances listed in Annex I to this Regulation are withdrawn by 25 July 2003 except as provided in paragraph 3. 3. In relation to a substance specified in column A of Annex II, any Member State specified in column B of that Annex in relation to the substance may maintain in force authorisations for plant protection products containing that substance for the uses listed in column C until 30 June 2007 provided that it: (a) ensures that the continued use is only accepted as far it does not have any harmful effect on human or animal health and no unacceptable influence on the environment; (b) ensures that such plant protection products remaining on the market after 31 December 2003 are relabelled in order to match the restricted use conditions; (c) imposes all appropriate risk mitigation measures to reduce any possible risks; (d) ensures that alternatives for such uses are being seriously sought. The Member State concerned shall inform the Commission on 31 December 2004 at the latest on the application of this paragraph and in particular on the actions taken pursuant to points (a) to (d). 4. By way of derogation from paragraph 3, for the authorisations of plant protection products containing substances listed in column A of Annex II, Bulgaria may maintain in force authorisations for plant protection products containing those substances for the uses listed in column C until 30 June 2009 provided that: (a) the continued use is only accepted so far as it has no harmful effects on human or animal health and no unacceptable influence on the environment; (b) such plant protection products remaining on the market are relabelled in order to match the restricted use conditions; (c) all appropriate risk mitigation measures are imposed to reduce any possible risks; (d) alternatives for such uses are being seriously sought. Bulgaria shall inform the Commission about the measures taken in application of this paragraph, and in particular about the actions taken pursuant to points (a) to (d), by 31 December of each year. ## 3 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 and: (a) for the uses for which the authorisation is to be withdrawn by 25 July 2003, shall expire not later than 31 December 2003, except for the limited number of essential uses referred to in Annex II, for which the authorisation can still be maintained in specified Member States in accordance with the provisions of Article 2(3); (b) for the uses for which the authorisation is to be withdrawn by 30 June 2007, shall expire not later than 31 December 2007; (c) for the uses for which the authorisation is to be withdrawn by 30 June 2009 , shall expire not later than 31 December 2009 . ## 4 This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities. ## Signature This Regulation shall be binding in its entirety and directly applicable in all Member States. ## Annex I List of active substances which are not included as active substance in Annex I to Directive 91/414/EEC 1,2-Dichloropropane 1,3-Dichloropropene (cis) 1,3-Diphenyl urea 2-(dithiocyanomethylthio)-benzothiazol 2,3,6-TBA 2,4,5-T 2-Aminobutane (aka sec-butylamine) 2-Benzyl-4-chlorophenol 4-CPA (4-chlorophenoxyaceticacid = PCPA) 4-t-Pentylphenol Acifluorfen Aldimorph Alkyltrimethyl ammonium chloride Alkyltrimethylbenzyl ammonium chloride Allethrin Alloxydim Allyl alcohol Ametryn Ampropylofos Ancymidol Anilazine Anthracene oil Azaconazole Azamethiphos Aziprotryne Barban Barium fluosilicate Barium polysulphide Benazolin Bendiocarb Benfuresate Benodanil Bensulide Bensultap Bentaluron Benzalkonium chloride Benzoximate Benzoylprop Benzthiazuron Bioallethrin Bioresmethrin Bitumen Brandol (hydroxynonyl-2,6-dinitrobenzene) Bromacil Bromocyclen Bromofenoxim Bromophos Bromophos-ethyl Bromopropylate Bronopol Butachlor Butocarboxim Butoxycarboxim Butylate Calcium carbonate (aka chalk) Calcium hydroxide (aka slake lime) Calcium oxide (quick lime) Carbon disulfide Carbophenothion Cartap Cetrimide Chinomethionat (aka quinomethionate) Chlomethoxyfen Chloral-bis-acylal Chloral-semi-acetal Chloramben Chlorbromuron Chlorbufam Chloretazate Chlorfenprop Chlorfenson (aka chlorfenizon) Chlorfenvinphos Chlorfluazuron Chlormephos Chlorobenzilate Chloropropylate Chloroxuron Chlorphonium chloride Chlorthiamid Chlorthiophos Cufraneb Cyanazine Cycloate Cycluron Cyprofuram DADZ (zinc-diethyldithiocarbamate) Dalapon . . . . . Demeton-S-methyl Demeton-S-methyl sulphone Desmetryne Diafenthiuron Dialifos Di-allate Diammonium phosphate Dichlofenthion Dichlofluanid Dichlone Dichlorprop Diclobutrazol Dicrotophos Dicyclopentadiene Dienochlor Diethatyl (-ethyl) Difenoxuron Difenzoquat Dikegulac Dimefox Dimefuron Dimepiperate Dimethirimol Dimexano Dinitramine Dinobuton Dioxacarb Dioxathion Diphenamid (aka difenamide) Disodium octaborate tetrahydrate Disulfoton Ditalimfos Drazoxolon Endothal EPTC (ethyl dipropylthiocarbamate) Etacelasil Ethidimuron (aka sulfodiazol) Ethiofencarb Ethion (aka diethion) Ethirimol Ethoate-methyl Etrimfos Fenaminosulf Fenazaflor Fenfuram Fenoprop Fenothiocarb Fenoxaprop Fenpiclonil Fenpropathrin Fenridazon Fenson (aka fenizon) Fenthiosulf Fenuron Flamprop Fluazifop Flubenzimine Flucycloxuron Flucythrinate Flumequine Flumethralin Fluorodifen Fluoroglycofene Flupoxam Fluridone Fomesafen Fonofos Formothion Fosamine Fosthietan Furalaxyl Furathiocarb Furconazole Furfural Furmecyclox Gentian violet Halfenprox (aka brofenprox) Haloxyfop Heptenophos Hexachlorophene Hexazinone Hydramethylnon Hydroxy-MCPA Hydroxyphenyl-salicylamide Imazapyr Imazethabenz Iminoctadine Iodofenphos Isazofos Isocarbamide Isofenphos Isolan Isopropalin Isoprothiolane Isoxathion Karbutilate Kinoprene Mancopper Mecarbam Mefenacet Mephospholan Mepronil Merphos (aka tributylphosphorotrithioite) Methacrifos Methazole Methfuroxam Methoprene Methoprothryne Methoxychlor Methylenebisthiocyanate Methylisothiocyanate Methylnaphthylacetamide Methylnaphthylacetic acid Metobromuron Metolachlor Metoxuron Metsulfovax Mevinphos Monalide Monocrotophos Monuron MAA (methyl arsonic acid) Nabam Naptalam Naphtylacetic acid hydrazide Neburon Nitralin Nitrothal Nonylphenol ether polyoxyethyleneglycol Nonylphenol ethoxylate Norflurazon Noruron Octhilinone Ofurace Omethoate Orbencarb Oxadixyl Oxine-copper Oxycarboxin Oxytetracycline Paraformaldehyde p-Chloronitrobenzene Pebulate Pentachlorophenol Pentanochlor Perfluidone Phenols Phenothrin Phenthoate Phorate Phosametine Phosphamidon Pirimiphos-ethyl Potassium silicate Profenofos Promecarb Prometryne Propazine Propetamphos Propoxur Propyl-3-t-butylphenoxyacetate Prothiocarb Prothiofos Prothoate Pyraclofos Pyrazoxyfen Pyridafenthion Pyrifenox Pyroquilone Quinalphos Quizalofop Resmethrin Rock powder Secbumeton Seconal (aka 5-allyl-5-(1′-methylbutyl) barbituric acid) Sethoxydim Siduron Silicates Silver nitrate Sodium arsenite Sodium diacetoneketogulonate Sodium dichlorophenate Sodium dimethyldithiocarbamate Sodium dioctyl sulfosuccinate Sodium fluosilicate Sodium monochloroacetate Sodium pentaborate Sodium p-t-amylphenate Sodium silicate Sodium silver thiosulphate Sodium tetrathiocarbamate Sodium thiocyanate Sulfotep Sulprofos Tar acids TCA TCMTB Tebutam (aka butam) Tebuthiuron Temephos Terbacil Terbufos Terbumeton Terbutryn Tetrachlorvinphos Tetradifon Tetramethrin Tetrasul Thiazafluron Thiazopyr Thiocyclam Thiofanox Thiometon Thionazin Thiophanate Tiocarbazil Tolylphtalam Tralomethrin Triapenthenol Triazbutyl Triazophos Tribufos (s,s,s-tributyl-phosphorotrithioate) Tributyltinoxyde Trichloronate Tridiphane Trietazine Trifenmorph Triforine Trioxymethylen Validamycin Vamidothion Vernolate ## Annex II List of authorisations referred to in Article 2(3) and 2(4) This active substance is allowed to remain on the market for the uses mentioned pending the finalisation of the procedures under the fourth stage of the programme of work as initiated by Commission Regulation (EC) No 1112/2002. Column A Column B Column C Active substance Member State Use 2-aminobutane United Kingdom Stored seed potato Ireland Stored seed potato 1,3 -dichloropropene (cis) The Netherlands Flower bulbs, strawberries, vegetables, tree nursery crops, perennials and replanting of orchards 4-CPA (4-chlorophenoxyacetic acid) Greece Grape (seedless) Spain Tomato, aubergine France Tomato, aubergine Acifluorfen Italy Soybean Azaconazole Belgium Sweet pepper, tomato, wound treatment on trees The Netherlands Tomato United Kingdom Ornamentals Benfuresate Spain Cotton Bromacil France Lavender, lavandin Bromopropylate Belgium Bean Italy Pome fruit, vine Spain Lemon, tomato, pome fruit, vine Calcium hydroxide (aka slake lime ) The Netherlands Fruit Cartap Italy Pome fruit, stone fruit, tomato, aubergine, pepper, melon, marrow, ornamentals Chinomethionate Greece Melon, water melon Spain Cucurbitaceae Chlorfenvinfos Denmark Cabbage Germany Small radish, radish, carrot, onion, celery, cabbage, cucumber, oil seed rape Ireland Carrot, parsnip, cabbage, swede France Mushroom, asparagus, cress, radish, spinach, corn salad, gherkin, courgette, onion, shallot, carrot, celeriac, leek, celery, parsley, garlic, cabbage, turnip The Netherlands Cabbage, onion, carrot, Brassica vegetables, swede, turnip, radish, black radish, leek, celeriac Sweden Head cabbage and swedes Portugal Brassica Spain Brassica Cyanazine United Kingdom Pea, bean, Brassica , narcissi, oilseed rape, Allium , forestry Sweden Oilseed rape and pickling cucumber Ireland Onion Dalapon Italy Rice Ethion France Carrot, parsley, celery, celeriac, garlic, shallot, onion, leek, cabbage Dikegulac Germany Ornamentals (under glass) Dimefuron Germany Oil seed rape Dinobuton Spain Pome fruit Ethyl dipropylthiocarbamate (EPTC) Portugal Potato Fenpropathrin United Kingdom Soft fruit (blackcurrant) Flumethralin Portugal Tobacco Spain Tobacco Fomesafen United Kingdom Pea, bean, lupin France Soybean, bean Italy Soybean, bean, pea Furalaxyl Ireland Ornamentals Furathiocarb Belgium Leek Haloxyfop Denmark Seed grass fields of red fescue, seed beds of ornamentals Heptenophos Ireland Ornamentals, cucumber, tomato, lettuce Italy Cabbage, french bean, lettuce Hexazinone Austria Conifer France Conifer, lavender, lavandin, clary sage, liquorice, lucerne, sugar cane Ireland Conifer Spain Conifer, lucerne Imazapyr Ireland Forestry Portugal Non-crop land Iminoctadine Greece Tomatoes under plastic Mepronil Austria Lettuce Metobromuron Belgium Lambs lettuce, bean, potato Spain Potato France Artichoke, lambs lettuce Germany Lambs lettuce, bean, tobacco Metoxuron Belgium Carrot, potato France Carrot Ireland Carrot Luxemburg Carrot, potato The Netherlands Carrot, potato, iris, gladiolus United Kingdom Carrot, parsnip Naptalam Spain Melon, water melon France Melon Omethoate Austria Ornamentals Orbencarb Austria Lupin Oxadixyl Belgium Pea — seed treatment Oxycarboxin United Kingdom Ornamentals Austria Ornamentals Greece Ornamentals, flowers Spain Ornamentals Ireland Turf grass Pebulate Greece Tobacco Pentanochlor United Kingdom Umbellifers, herbs, ornamentals Prometryn United Kingdom Umbellifers, Allium , herbs Bulgaria Sunflower, cotton and Umbelliferae Spain Carrots, celery, cotton, chickpeas, peas, lentils Greece Cotton Ireland Carrots, parsley, celery, parsnips Portugal Potatoes, carrots, parsley, leek, peas France Celery, celeriac, lentils, leek Pyridafenthion Spain Vine, meadow, lemon Resmethrin United Kingdom Mushroom Rock powder Austria Forestry Sethoxydim Austria Strawberry Belgium Leek, beans, cabbage Italy Vegetables Silver nitrate The Netherlands Cucumber and gherkin grown for seed Sodium monochloracetate United Kingdom Brassica , Allium , soft fruit, hop Ireland Cabbage, Brussels sprouts, kale Sodium silver thiosulphate Denmark Cut flowers, pot plants Sulfotep Germany Ornamentals and vegetables in greenhouses Tar acids Ireland Disinfectant use United Kingdom Disinfectant use Temephos Spain Rice Terbacil Spain Mentha France Arnica, ribbed melilot, balm, peppermint, oregano, wild pansy, rosemary, winter savory, sage, thyme Greece Aromatic plants United Kingdom Aromatic and pharmaceutical plants Terbufos Greece Sugar beet Bulgaria Limited to professional users with appropriate protective equipment. Soil treatment of potatoes, tobacco, cotton and beet Terbutryn United Kingdom Pea, bean, lupin Spain Citrus Ireland Peas, beans Tetradifon Spain Citrus, Cucurbitaceae , tomato, grapes Ireland tomato, cucumber, ornamentals nursery stock Triazophos Ireland Carrot Triforine Austria Bean, cucumber, ornamentals growing, rose Denmark Apple, pear, blackcurrant, redcurrant, gooseberry Vamidothion Belgium Apple, arboriculture Spain Pome fruit Italy Pome fruit Portugal Apple, pear Azaconazole Poland tomato, wound treatment of trees Bensultap Hungary Potato, sugar beet, cereals, strawberry, poppy, bean, berries Bulgaria Sunflower, beet, potatoes and alfalfa Poland Potatoes Bromopropylate Cyprus Citrus Chlorfenvinphos Poland Mushroom Cyanazine Latvia oil seed rape Czech Republic Vining peas Estonia oil seed rape Lithuania oilseed rape Cycloate Poland Red beet, spinach Dichlorprop Hungary Cereals, grasses Furathiocarb Czech Republic Seed treatment of bean, purple clover, Dutch clover, flax, poppy, cucumber, lucerne, Brassica vegetables Hexazinone Hungary Forestry Czech Republic Forestry Slovakia Forestry Imazapyr Estonia non-crop land Latvia non-crop land forestry production for treatment of sites prior to re-stocking Lithuania non-crop land Poland non-crop land Slovakia non-crop land Iminoctadine Poland Tree nurseries Naptalam Slovakia Cucumber Poland Cucumber, pumpkin, zucchini Czech Republic Cucumber Hungary Cucumber Oxine-copper Hungary Cereals (seed dressing) Oxycarboxin Cyprus Ornamentals, flowers and turf grass, beans Prometryne Hungary Sunflower, potato, carrot, lentil, herbs, sunflower Bulgaria Sunflower, cotton and Umbelliferae Slovakia Buckwheat, strawberry, dill, lentil Latvia carrots, celery, parsley, leek, garlic, onion, caraway Cyprus Carrots, celery, peas, onions, garlic, parsley, coriander, leek, lentils and umbellifer herbs Estonia peas, beans, carrots, celery, parsley, caraway, leek, onion, garlic Poland Carrot, parsley, parsnip, celeriac, dill, leek, garlic, onion, pea, broad bean, lentils, coriander, caraway, common madder, peppermint and other herbaceous plants, gladiolus, tulip, rosa Lithuania Peas, beans, vetch, caraway, lupine, carrots Terbacil Poland Peppermint Terbufos France Bananas Bulgaria Limited to professional users with appropriate protective equipment. Soil treatment of potatoes, tobacco, cotton and beet Greece Sugar beet Hungary Maize, sugar beet, cereals, sunflower, soybean Terbutryn Slovakia horse bean, green pea Thiocyclam Cyprus Potatoes, beans, celery, cucumbers, melons, watermelons, pumpkins, ornamentals Triforine Czech Republic Chives (seed production) and chrysanthemum Chlormephos France Maize, sweet corn Hexachlorophene Cyprus Tomatoes, peppers, cucumbers, pumpkins, watermelons, melons, ornamentals --- Source: https://www.legislation.gov.uk/eur/2002/2076 (the official version) Page: https://openlegislation.uk/eu-regulation-2002-2076 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.