29.4.2004 Official Journal of the European Union L 127/43 COMMISSION REGULATION (EC) No 835/2004 of 28 April 2004 adapting Regulation (EC) No 2076/2002 and Decisions 2002/928/EC, 2004/129/EC, 2004/247[EC and 2004/248 as regards the continued use of certain active substances not included in Annex I to Directive 91/414/EEC, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 2(3) thereof, Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 57 thereof, Whereas: (1)  Commission Regulation (EC) No 20762002 (") and Commission Decisions 2002/928/EC (%), 2004/ 129/EC (}), 2004/247[EC (*) and 2004/248/EC (°) contain provisions for the non-inclusion of certain active substances in Annex I to Directive 91/414/EEC and for the withdrawal by Member States of all authorizations for plant protection products containing those active substances. Those acts provide for derogations permitting the continued use of some of those substances for a limited period of time while alternatives are being developed. (2) It is necessary to adapt that Regulation and those Decisions by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (herein- after referred to as new Member States), since such derogations are required for the new Member States. (3)  Regulation (EC) No 20762002 and Decisions 2002/928/EC, 2004/129/EC, 2004/247 and 2004/ 248[EC should therefore be amended accordingly, HAS ADOPTED THIS REGULATION: Article 1 Annex I to Regulation (EC) No 2076/2002 is amended in accordance with the Annex to this Regulation. Article 2 Decision 2002/928EC is amended as follows: 1. In Article 2 the following point c) is added: ‘(c) in relation to the uses listed in column C of the Annex, a Member State specified in column B may maintain in force authorisations for plant protection products containing benomyl until 30 June 2007 provided that it: (i) ensures that such plant protection products remaining on the market are relabelled in order to match the restricted use conditions; 1 () OJ L 319, 23.11.2002, p. 3. Regulation as amended by Regulation (EC) Nr. 1336/2003, 26.7.2003, p. 21. () OJ L 322, 27.11.2002, p. 53. () OJ L 37, 10.2.2004, p. 27. () OJ L 78, 16.3.2004, p. 50. () OJ L 78, 16.3.2004, p. 53. 5