24.9.2009 [ EN | Official Journal of the European Union L 251/31 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 23 September 2009 concerning the non-inclusion of chlorthal-dimethyl in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (notified under document C(2009) 6431) (Text with EEA relevance) (2009/715/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 (!), and in particular the fourth subparagraph of Article 8(2) thereof, Whereas: 1) Article 8(2) of Directive 91/414[EEC provides that a Member State may, during a period of 12 years following the notification of that Directive, authorise the placing on the market of plant protection products containing active substances not listed in Annex I to that Directive that are already on the market two years after the date of notification, while those substances are gradually being examined within the framework of a programme of work. Commission Regulations (EC) No 451/2000 (%) and (EC) No 1490/2002 (}) lay down the detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes chlorthal- dimethyl. G) For chlorthal-dimethyl the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 451/2000 and (EC) No 1490/2002 for a range of uses proposed by the notifier. Moreover, those Regulations designate the rapporteur Member States which have to submit the relevant assessment reports and recommen- dations to the European Food Safety Authority (EFSA) in accordance with Article 10(1) of Regulation (EC) No 1490/2002. For chlorthal-dimethyl the rapporteur Member State was Greece and all relevant information was submitted on 31 October 2006. An addendum was submitted on 3 April 2008. The assessment report has been peer reviewed by the Member States and the EFSA. In accordance with Article 11c of Regulation (EC) No 1490/2002 the peer review focused on the following points, the toxicity, the relevance of the metabolite MPA and its possible leaching to groundwater. The EFSA presented it to the Commission on 4 September 2008, re-issued on 26 November 2008, in the format of the EFSA conclusion regarding the focused peer review of the pesticide risk assessment of the active substance chlorthal-dimethyl (*). This report has been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 12 June 2009 in the format of the Commission review report for chlorthal-dimethyl. (*) EFSA Scientific Report (2008), 156. Conclusion regarding the focused peer () O] L 230, 19.8.1991, p. 1. () OJ L 55, 29.2.2000, p. 25. () O] L 224, 21.8.2002, p. 23. review of the pesticide risk assessment of the active substance chlorthal- dimethyl (finalised 4 September 2008 and re-issued on 26 November 2008