22.6.2002 Official Journal of the European Communities L 164[41 COMMISSION DECISION of 20 June 2002 concerning the non-inclusion of fentin acetate in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing this active substance (notified under document number C(2002) 2199) (Text with EEA relevance) (2002/478[EC) 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/ 18/EC (3), and in particular the fourth subparagraph of Article 8(2) thereof, Having regard to Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the im- plementation of the first stage of the program of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (}), as last amended by Regulation (EC) No 2266/2000 (%), and in par- ticular Article 7(3A)(b) thereof, Whereas: (1)  Article 8(2) of Directive 91/414/EEC provided for the Commission to carry out a programme of work for the examination of the active substances used in plant pro- tection products which were already on the market on 15 July 1993. Detailed rules for the carrying out of this programme were established in Commission Regulation (EEC) No 3600/92. (2)  Commission Regulation (EC) No 933/94 of 27 April 1994 laying down the active substances of plant protec- tion products and designating the rapporteur Member States for the implementation of Commission Regulation (EEC) No 3600/92 (°), as last amended by Regulation (EC) No 2230/95 (%), has designated the active substances which should be assessed in the framework of Regula- tion (EEC) No 3600/92, designated a Member State to act as rapporteur in respect of the assessment of each substance and identified the producers of each active substance who submitted a notification in due time. (3)  Fentin acetate is one of the 90 active substances desig- nated in Regulation (EC) No 933/94. (4 In accordance with Article 7(1)(c) of Regulation (EEC) No 3600/92, the United Kingdom, being the designated () OJ L 230, 19.8.1991, p. 1. () OJL 55, 26.2.2002, p. 29. () OJL 366, 15.12.1992, p. 10. () OJ L 259, 13.10.2000, p. 27. () OJ L 107, 28.4.1994, p. 8. (¥ OJ L 225,22.9.1995, p. 1. (10) rapporteur Member State, submitted on 11 November 1996 to the Commission the report of its assessment of the information submitted by the notifiers in accordance with Article 6(1) of that Regulation. On receipt of the report of the rapporteur Member State, the Commission undertook consultations with experts of the Member States as well as with the main notifier (Agrevo, now Aventis) as provided for in Article 7(3) of Regulation (EEC) No 3600/92. The assessment report prepared by the United Kingdom has been reviewed by the Member States and the Com- mission within the Standing Committee on Plant Health. This review was finalised on 7 December 2001 in the format of the Commission review report for fentin acet- ate, in accordance with Article 7(6) of Regulation (EEC) No 3600/92. Assessments made on the basis of the information sub- mitted have not demonstrated that it may be expected that, under the proposed conditions of use, plant protec- tion products containing fentin acetate satisfy in general the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414[EEC, in particular with regard to the safety of operators potentially exposed to fentin acetate and with regard to its possible impact on non-target or- ganisms. Fentin acetate should therefore not be included in Annex I to Directive 91/414/EEC. Measures should be taken to ensure that existing authori- sations for plant protection products containing fentin acetate will be withdrawn within a certain period and will not be renewed and that no new authorisations will be granted. Any period of grace for disposal, storage, placing on the market and use of existing stocks of plant protection products containing fentin acetate allowed by Member State, in accordance with Article 4(6) of Directive 91/ 414[EEC should be limited to a period no longer than 12 months to allow existing stocks to be used in no more than one further growing season.