9.1.2009 Official Journal of the European Union L 57 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 8 December 2008 concerning the non-inclusion of nicotine in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (notified under document number C(2008) 7714) (Text with EEA relevance) (2009/9/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 1112/2002 (3) and (EC) No 2229/2004 (}) lay down the detailed rules for the implementation of the fourth 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 230, 19.8.1991, p. 1. L L 168, 27.6.2002, p. 14. L 379, 24.12.2004, p. 13. Annex I to Directive 91/414/EEC. That list includes nicotine. For nicotine the effects on human health and the envi- ronment have been assessed in accordance with the provisions laid down in Regulations (EC) No 1112/2002 and (EC) No 2229/2004 for a range of uses proposed by the notifier. Moreover, those Regu- lations designate the rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 20 of Regu- lation (EC) No 2229/2004. For nicotine the rapporteur Member State was the United Kingdom and all relevant information was submitted in January 2008. The Commission examined nicotine in accordance with Article 24a of Regulation (EC) No 2229/2004. A draft review report for that substance was reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 26 September 2008 in the format of the Commission review report. During the examination of this active substance by the Committee, it was concluded, taking into account comments received from Member States, that the existing evidence is not sufficient to demonstrate a safe use with respect to operators, workers, bystanders and consumers. Moreover, other concerns which were iden- tified by the rapporteur Member State in its assessment report are included in the review report for the substance.