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Withdrawal Of Plant Protection Products Containing The Substance Attivapiridaben In Accordance With Art. 3, Paragraphs 2 And 3 Of The Decree Of February 16, 2011 Stessanell Concerning The Inclusion Of The Active Substance In Annex I Of The Legislative ...

Original Language Title: Revoca dei prodotti fitosanitari contenenti la sostanza attivapiridaben ai sensi dell'art. 3, commi 2 e 3 del decreto 16 febbraio2011 relativo all'iscrizione della sostanza attiva stessanell'allegato I del decreto legislativo 17 marzo 1995, n. 19...

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The GENERAL MANAGER for hygiene and food safety and nutrition Saw art. 6 April 30, 1962, law n. 283, amended by art. 4 February 26, 1963, law No. 441; Having regard to the Legislative Decree March 30, 2001, # 165, that such general rules about ordering of labor employed by public administrations; Having regard to act November 13, 2009 # 172 on ' institution of the Ministry of health and increase the total number of State Secretaries of State "; Having regard to the Decree of the President of the Republic March 11, 2011, # 108, regarding the Regulation of reorganization of the Ministry of health; Having regard to the Decree of the Minister of health on August 2, 2011 transitional organizational discipline of the Ministry of health; Having regard to the Legislative Decree March 17, 1995, n. 194 concerning the implementation of Directive 91/414/EEC concerning the placing of plant protection products; Having regard to the Decree of the President of the Republic April 23, 2001, no. 290 on the regulation for the simplification of procedures for authorization for the production, marketing and sales of plant protection products and adjuvants; Having regard to Council Regulation (EC) No 1107/2009 of the European Parliament and of the Council of October 21, 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC and in particular art. 80 on ' transitional measures '; Having regard to Commission Regulation (EU) No. 540/541/2011 2011, 2011, 544 545/546//2011, 2011, 547/2011, implementation, Regulation (EC) No 1107/2009; Having regard to Legislative Decree March 14, 2003, n. 65, corrected and supplemented by Legislative Decree July 28, 2004, n. 260, and the Ministerial Decree of April 3, 2007, relating to the implementation of directives 1999/45/EC, 2001/60/EC and 2006/8/EC relating to the classification, packaging and labelling of dangerous preparations; Having regard to Council Regulation (EC) no 1272/2008 of the European Parliament and of the Council of December 16, 2008 and the subsequent regulation no 790/2009 of August 10, 2009 of adaptation to technical and scientific progress, relating to classification, labelling and packaging of substances and mixtures; Having regard to Council Regulation (EC) No 396/2005 of the European Parliament and of the Council of February 23, 2005 and subsequent updates concerning maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC; Having regard to the Ministerial Decree of February 16, 2011 transposing Directive 90/2010/EU of pyridaben December 7, 2010 for the inclusion of the active substance in annex I to the Decree March 17, 1995, n. 194; and the amendment of decision 2008/934/EC, as updated by Commission decision 2010/455/EU, resulting in cancellation of the same substance in the annex to decision 2008/934/EC; Visto l'art. 3, paragraph 2, of the aforementioned ministerial order of February 16, 2011 laying for holders of authorisations of plant protection products containing pyridaben submission to the Ministry of health by April 30, 2011, alternatively: a) a dossier satisfying the requirements of annex II of the Legislative Decree March 17, 1995, # 194, b) of the authorization granted by other holders to access your file However, the requirements set out in annex II to the aforesaid decree; Visto l'art. 3, paragraph 3 of the aforementioned ministerial order of February 16, 2011, whereby authorisations for plant protection products containing the active substance pyridaben not meeting the requirements of art. 3, paragraphs 1 and 2, of the same Decree are revoked with effect from November 1, 2011; Found that the holders of the authorisations of plant protection products listed in the annex to this Decree have not complied with the provisions of art. 3, paragraph 2, of the Ministerial Decree of February 16, 2011 in terms of timing and forms established by it; Deemed it necessary to proceed with the withdrawal of plant protection products set out in the annex to this Decree, containing the active substance pyridaben in accordance with art. 3, paragraph 3, of the said Ministerial Decree of February 16, 2011; Visto l'art. 23 of legislative decree March 17, 1995, n. 194 concerning penalties for any person who places on the market and use of plant protection products and the subsequent reform of penalty system rules;
Decrees: shall be withdrawn with effect from November 1, 2011 plant protection products containing the active substance listed in the annex to this Decree, pyridaben in accordance with the provisions of art. 3, paragraph 3, of the Ministerial Decree of February 16, 2011. Marketing, by the holders of authorisations of plant protection products and quantities regularly produced at the time of the revocation pursuant to art. 3, paragraph 3, of the aforementioned Decree February 16, 2011, as well as selling by retailers and/or distributors of plant protection products set out in the annex to this Decree revoked are allowed for 8 months from the date of dismissal and therefore until June 30, 2012. The use of such products is permitted for 12 months from the date of dismissal and therefore until October 31, 2012. The holders of authorisations for plant protection products set out in annex of this Decree are required to take every initiative to inform retailers and users of plant protection products on the same successful withdrawal and respect for deadlines for the disposal of its inventory. This Decree will be notified administratively to the undertakings concerned and will be published in the official journal of the Italian Republic.
Rome, October 28, 2011 Director General: Borrello