
Article 1 
Fenthion shall not be included as active substance in Annex I to Directive 91/414/EEC.
Article 2 
Member States shall ensure that:

1.. Authorisations for plant protection products containing fenthion are withdrawn by 11 August 2004;
2.. from 17 February 2004 no authorisations for plant protection products containing fenthion are granted or renewed under the derogation provided for in Article 8(2) of Directive 91/414/EEC;
3.. In relation to the uses listed in column B of the Annex, a Member State specified in column A may maintain in force authorisations for plant protection products containing fenthion until 30 June 2007 provided that it:

((a)) ensures that such plant protection products remaining on the market are relabelled in order to match the restricted use conditions;
((b)) imposes all appropriate risk mitigation measures to reduce any possible risks in order to ensure the protection of human and animal health and the environment; and
((c)) ensures that alternative products or methods for such uses are being seriously sought, in particular, by means of action plans.
The Member State concerned shall inform the Commission on 31 December 2004 at the latest on the application of this paragraph and in particular on the actions taken pursuant to points (a) to (c) and provide on a yearly basis estimates of the amounts of fenthion used for essential uses pursuant to this Article.
Article 3 
Any period of grace granted by Member States in accordance with the provisions of Article 4(6) of Directive 91/414/EEC, shall be as short as possible and:

((a)) for the uses for which the authorisation is to be withdrawn on 11 August 2004, shall expire not later than 11 August 2005;
((b)) for the uses for which the authorisation is to be withdrawn by 30 June 2007, shall expire not later than 31 December 2007.
Article 4 
This Decision is addressed to the Member States.
ANNEX

Column A Column B
Member State Use
Spain Bait application in citrus and peaches
Greece Bait application in olives
Italy Bait application in olives
Portugal Bait application in citrus and olives
Cyprus Bait application in citrus and olives