
Article 1 
Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
Article 2 
Member States shall adopt and publish by 30 June 2007 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 2007.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 3 

1. Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing dinocap as an active substance by 30 June 2007. By that date they shall in particular verify that the conditions in Annex I to that Directive relating to dinocap are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13.
2. By derogation from paragraph 1, for each authorised plant protection product containing dinocap, 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 and taking into account part B of the entry in Annex I to that Directive concerning dinocap. 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 for products containing dinocap, where necessary, amend or withdraw the authorisation by 31 December 2009.
Article 4 
This Directive shall enter into force on 1 January 2007.
Article 5 
This Directive is addressed to the Member States.
Done at Brussels, 11 December 2006.
For the Commission
Markos KYPRIANOU
Member of the Commission
ANNEX

The following entries shall be added at the end of the table in Annex I to Directive 91/414/EEC:

No Common name, identification numbers IUPAC name Purity Entry into force Expiration of inclusion Specific provisions
‘150 DinocapCAS No 39300-45-3 (for isomer mixture)CIPAC No 98 2,6-dinitro-4-octylphenyl crotonates and 2,4-dinitro-6-octylphenyl crotonates in which octyl is a mixture of 1-methylheptyl, 1-ethylhexyl and 1-propylpentyl groups 920 g/kg 1 January 2007 31 December 2009 
PART A Only uses as fungicide on the following crop may be authorised:

— wine grapes
at rates not exceeding 0,21 kg active substance per hectare per application.
The following uses must not be authorised:

— air application,
— knapsack and hand-held applications by amateur users,
— home gardening.
Member States shall ensure that all appropriate risk mitigation measures are applied. Particular attention must be paid to the protection of:

— aquatic organisms. An appropriate distance must be kept between treated areas and surface water bodies. This distance may depend on the application or not of drift reducing techniques or devices,
— birds and mammals. Conditions of authorisation shall include risk mitigation measures, such as a judicious timing of the application and the selection of those formulations which, as a result of their physical presentation or the presence of agents that ensure an adequate avoidance, minimise the exposure of the concerned species,
— operators, who must wear suitable protective clothing, in particular gloves, coveralls, rubber boots and face protection or safety glasses during mixing, loading, application and cleaning of the equipment, unless the exposure to the substance is adequately precluded by the design and construction of the equipment itself or by the mounting of specific protective components on such equipment,
— workers, who must wear suitable protective clothing, in particular gloves, if they must enter a treated area before the specific re-entry period has expired. This re-entry period may not be less than 24 hours.

PART B For the implementation of the uniform principles of Annex VI, the conclusions of the review report on dinocap, and in particular Appendices I and II thereof, shall be taken into account.
Member States must ensure that the authorisation holders report at the latest on 31 December of each year on incidences of operator health problems. Member States may require that elements, such as sales data and a survey of use patterns, are provided so that a realistic picture of the use conditions and the possible toxicological impact of dinocap can be obtained.’


