Article 1

Regulation (EC) No 1451/2007 is amended as follows:

1. 1..

   Article 5(3) is replaced by the following:

   ‘3.

   Taking account of the comments received, the Commission may grant a derogation from Article 4(1) allowing the placing of the substance on the market of the requesting Member States until the date referred to in the first subparagraph of Article 16(2) of Directive 98/8/EC at the latest, provided that the Member States:

   (a)

   ensure that continued use is possible only if products containing the substance are approved for the intended essential use;

   (b)

   conclude that, taking into account all available information, it is reasonable to assume that continued use does not have any unacceptable effect on human or animal health or on the environment;

   (c)

   impose all appropriate risk reduction measures when granting approval;

   (d)

   ensure that such approved biocidal products remaining on the market after 1 September 2006 are relabelled in order to match the use conditions laid down by the Member States in accordance with this paragraph; and

   (e)

   ensure that, where appropriate, alternatives for such uses are being sought by the holders of the approvals or the Member States concerned, or a dossier is being prepared for submission in accordance with the procedure laid down in Article 11 of Directive 98/8/EC at the latest two years before the date referred to in the first subparagraph of Article 16(2) of Directive 98/8/EC.’

2. 2..

   The first paragraph of Article 6 is replaced by the following:

   ‘By way of derogation from Article 4(1), Member States may allow until the date referred to in the first subparagraph of Article 16(2) of Directive 98/8/EC at the latest the placing on the market of active substances consisting solely of food or feed that are intended for use as repellents or attractants of product type 19.’