
Article 1 
Cresylic acid, dichlorophen, imazamethabenz, kasugamycin and polyoxin shall not be included in Annex I to Directive 91/414/EEC.
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for plant protection products containing cresylic acid, dichlorophen, imazamethabenz, kasugamycin or polyoxin are withdrawn by 30 September 2005.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.
Article 3 
Any period of grace granted by Member States in accordance with Article 4(6) of Directive 91/414/EEC, shall be as short as possible.
Where authorisations shall be withdrawn in accordance with Article 2(1) by 30 September 2005 at the latest, the period shall expire on 30 September 2006 at the latest.
Where authorisations shall be withdrawn in accordance with Article 2(3) by 30 June 2007 at the latest, the period shall expire on 31 December 2007 at the latest.
Article 4 
This Decision is addressed to the Member States.
Done at Brussels, 31 March 2005.
For the Commission
Markos KYPRIANOU
Member of the Commission
ANNEX
Column A Column B Column C
Active substance Member State Use
Dichlorophen Ireland Moss control in amenity turf and golf greens
United Kingdom Liverworts and mosses on ornamentalsControl of fungi and other plant pathogens on glasshouses surfaces and in nurseries on crop standing areasMoss control on managed amenity turf and hard surfaces
Imazamethabenz Greece Cereals
Spain Cereals
Kasugamycin Greece Prevention of bacterial diseases on tobacco, tomatoes, cucumbers, citrus, beans and ornamentals
Hungary Pome fruits (apple, pear, quince), sweet pepper, hot pepper, tomato, cucumber
Spain Prevention of bacterial diseases on tomatoes, cucumbers, apple and pear trees, cypresses (also fungal diseases), strawberries and French beans
Polyoxin Greece Prevention of fungal diseases on strawberries
Spain Prevention of bacterial and fungal diseases on tomatoes, marrows and cucumbers, bushes and herbaceous ornamentals, cotton and raspberry bush