Commission Decision of 31 March 2005 concerning the non-inclusion of cresylic acid, dichlorophen, imazamethabenz, kasugamycin and polyoxin 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(2005) 975) (Text with EEA relevance) (2005/303/EC)

Article 2

Member States shall ensure that:

1.

Authorisations for plant protection products containing cresylic acid, dichlorophen, imazamethabenz, kasugamycin or polyoxin are withdrawn by 30 September 2005.

2.

From 15 April 2005 no authorisations for plant protection products containing cresylic acid, dichlorophen, imazamethabenz, kasugamycin or polyoxin are granted or renewed under the derogation provided for in Article 8(2) of Directive 91/414/EEC.

3.

By derogation from point 1, Member States listed in column B of the Annex may maintain authorisations for plant protection products containing substances listed in column A for uses listed in column C of that Annex until 30 June 2007 at the latest, to permit the development of an efficient alternative for the substance concerned.

Member States making use of the derogation provided for in the first subparagraph shall ensure that the following conditions are complied with:

(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 after 30 September 2005 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.

4.

The Member State concerned shall inform the Commission about the measures taken in application of point 3, and in particular about the actions taken pursuant to points (a) to (d), by 31 March 2005 at the latest.