7.9.2001 Official Journal of the European Communities L 239/39 COMMISSION DECISION of 29 August 2001 concerning the decision on the possible inclusion of certain active substances into Annex I to Directive 91/414/EEC (notified under document number C(2001) 2495) (Text with EEA relevance) (2001/679/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant-protection products on the market ('), as last amended by Commission Directive 2001/ 49[EC (), Having regard to Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant-protection products on the market (), as last amended by Regulation (EC) No 2266/ 2000 (¥, and in particular Article 7(3A)(d) and (4) thereof, Whereas: (1)  Commission Regulation (EC) No 933/94 of 27 April 1994 laying down the active substances of plant-protec- tion products and designating the rapporteur Member States for the implementation of Regulation (EEC) No 3600/92 (°), as last amended by Regulation (EC) No 2230/95 (%), identified the rapporteur Member States and notifiers for each active substance. (2)  Article 7 of Regulation (EEC) No 3600/92 provided that for each active substance for which it has been desig- nated rapporteur, a Member State should examine the dossiers and submit to the Commission the report of its assessment of the information submitted by the notifiers in accordance with the provisions of Article 6(1) of that Regulation. (3)  The rapporteur Member States have submitted such reports and identified further data requirements in them. On receipt of the reports on carbendazime and thiopha- natemethyl the Commission circulated them to the Member States for information and undertook consulta- tions with experts of the Member States as well as with the main notifiers as provided for in Article 7(3) of Regulation 3600/92. However it has not been possible 230, 19.8.1991, p. 1. 176, 29.6.2001, p. 61. 366, 15.12.1992, p. 10. 259, 13.10.2000, p. 27. 107, 28.4.1994, p. 8. 225, 22.9.1995, p. 1. yet for the Commission to undertake consultations on the reports or in particular on the data requirements for the other active substances mentioned in Annex I to this Decision with experts of the Member States or with any notifier as permitted in Article 7(3) of Regulation (EEC) No 3600/92. Article 7(4) of Regulation (EEC) No 3600/92 requires that all necessary data be submitted at the latest on 25 May 2002. It is the responsibility of the notifier to ensure that their dossiers are completed such that all data requirements of Annex II and Annex III to Directive 91/414[EEC are satisfied for a limited range of repres- entative uses. However, in order to assist the notifiers of these substances when preparing the necessary studies to complete their dossiers, the Commission, after consulting the Standing Committee on Plant Health, has identified certain studies and information which would be necessary to assess the safety and efficacy of the substances. The information thus far submitted is not sufficient to determine whether or not, under the proposed condi- tions of use, plant-protection products containing the active substances concerned would satisfy in general the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414[EEC. Therefore it is not possible to decide whether to include such active substances in Annex I to Directive 91/414/EEC. Article 8(3) of Directive 91/414/EEC provides that Member States should apply the requirements of Article 4(1)(b)(@) to (v), and (1)(c) to (f) in accordance with national provisions concerning the data to be provided. The draft assessment reports referred to in recital 2 did not identify concerns which can not be mitigated by appropriate risk-management measures at Member State level. Therefore it is not appropriate at this stage to suspend plant-protection products containing these active substances before the additional required informa- tion has been submitted and evaluated. Therefore a decision should be taken to postpone a decision on the possible inclusion of such active substances into Annex I to Directive 91/414/EEC.