
Article 1 
Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
Article 2 

1. Member States shall adopt and publish by 30 June 2005 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.They shall apply those provisions from 1 July 2005.When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3 

1. Member States shall review the authorisation for each plant protection product containing acetamiprid or thiacloprid to ensure that the conditions relating to these active substances set out in Annex I to Directive 91/414/EEC are complied with. Where necessary, they shall amend or withdraw authorisations in accordance with Directive 91/414/EEC by 30 June 2005 at the latest.
2. For each authorised plant protection product containing acetamiprid or thiacloprid as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 December 2004 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.Following that determination Member States shall:
(a) in the case of a product containing acetamiprid or thiacloprid as the only active substance, where necessary, amend or withdraw the authorisation by 30 June 2006 at the latest; or
(b) in the case of a product containing acetamiprid or thiacloprid as one of several active substances, where necessary, amend or withdraw the authorisation by 30 June 2006 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.
Article 4 
This Directive shall enter into force on 1 January 2005.
Article 5 
This Directive is addressed to the Member States.
Done at Brussels, 1 October 2004.
For the Commission
David BYRNE
Member of the Commission
ANNEX

In Annex I to Directive 91/414/EEC the following rows are added at the end of the table:

No Common name, identification numbers IUPAC Name Purity Entry into force Expiration of inclusion Specific provisions
‘92 AcetamipridCAS No 160430-64-8CIPAC No Not yet allocated (E)-N1-[(6-chloro-3-pyridyl)methyl]-N2-cyano-N1-methylacetamidine ≥ 990 g/kg 1 January 2005 31 December 2014 Only uses as insecticide may be authorised.For the implementation of the uniform principles of Annex VI, the conclusions of the review report on Acetamiprid, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 29 June 2004 shall be taken into account.In this overall assessment Member States
— should pay particular attention to worker exposure,
— should pay particular attention to the protection of aquatic organisms.Risk mitigation measures should be applied where appropriate.
93 ThiaclopridCAS No 111988-49-9CIPAC No 631 (Z)-N-{3-[(6-Chloro-3-pyridinyl)methyl]-1,3-thiazolan-2-yliden}cyanamide ≥ 975 g/kg 1 January 2005 31 December 2014 Only uses as insecticide may be authorised.For the implementation of the uniform principles of Annex VI, the conclusions of the review report on Thiacloprid, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 29 June 2004 shall be taken into account.In this overall assessment Member States
— should pay particular attention to the protection of non-target arthropods,
— should pay particular attention to the protection of aquatic organisms,
— should pay particular attention to the potential for groundwater contamination, when the active substance is applied in regions with vulnerable soil and/or climatic conditions.Risk mitigation measures should be applied where appropriate.

