28. 6. 97 Official Journal of the European Communities No L 170/19 COMMISSION REGULATION (EC) No 1199/97 of 27 June 1997 amending Regulation (EEC) No 3600/92 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8 (2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market 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 Commis- sion Directive 96/68/EC (3, and in particular Article 8 (2) thereof, Whereas the re-evaluation of active substances already on the market two years after notification of Directive 91/414/EEC under Article 8 (2) of that Directive is or- ganized by the Commission in a collaborative and co- ordinated programme within which Member States under- take specific tasks contributing to the scientific and tech- nical assessment which are the basis for regulatory de- cisions taken at Community level; whereas when, during the programme, Member States take national action to withdraw from the market or to restrict the use of plant protection products formulated with active substances included in this programme of work, the Commission and the other Member States should be specifically informed of the intended action and the reasons for it; Whereas information concerning the titles and authors of test and study reports relied on by the rapporteur to make assessment, information concerning publication of the reports, the standards to which they have been conducted and the identity of those holding the data should be sys- tematically included in the rapporteur’s reports so that the information upon which the reports are based can be clearly identified and referenced and can be made avail- able, or kept available, to interested parties for consulta- tion and for use by the Member States’ national au- thorities in giving effect to Article 13 of Directive 91/414/EEC; whereas Article 14 of that Directive provides that the Member States and the Commission shall accept and ensure the confidentiality of submitted information which involves industrial and commercial secrets at the warranted request of applicants; whereas, for the purposes o L 230, 19. 8. 1991, p. 1. o L 277, 30. 10. 1996, p. 25. C [t ZZ of Article 14, confidential treatment should generally not be warranted for the abovementioned information; Whereas the referral of the dossier and rapporteur’s report on an active substance to the Standing Committee on Plant Health should be prepared by appropriate consulta- tions of Member States’ experts and notifiers; Whereas it is necessary that any draft directive or draft decision referred to the Standing Committee on Plant Health should be directly linked to the report and recom- mendation made by the rapporteur Member Stater, in- cluding any modifications made following consultations; whereas the review reports should be available, through the responsible authorities of the Member States, in the Community to parties interested in the scientific and technical basis of the Commission directives or decisions; Whereas Commission Regulation (EEC) No 3600/92 (%), as amended by Regulation (EC) No 491/95(% should therefore be amended accordingly; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plant Health, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 3600/92 is amended as follows: 1. In Article 5, the following paragraph 4A is inserted: ‘4A.  From the time of the adoption of the Regula- tion referred to in paragraph 2, if a Member State en- visages to take action to withdraw from the market or to restrict severely the use of a plant protection product containing an active substance listed in that regulation, where that action is based on information contained in the dossiers referred to in Article 6 or the () OJ No L 366, 15. 12. 1992, p. 10. () O] No L 49, 4. 3. 1995, p. 50.