L 213/26 Official Journal of the European Union 18.8.2009 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 17 August 2009 concerning the non-inclusion of petroleum oil CAS 92062-35-6 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) 6303) (Text with EEA relevance) (2009/616/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 (?) 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. oJ L 0] L 168, 27.6.2002, p. 14. oL 379, 24.12.2004, p. 13. Annex I to Directive 91/414/EEC. That list includes petroleum oil CAS 92062-35-6. For petroleum oil CAS 92062-35-6 the effects on human health and the environment 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 21(3) of Regulation (EC) No 2229/2004. For petroleum oil CAS 92062-35-6 the rapporteur Member State was Spain and all relevant information was submitted in March 2008. The Commission examined petroleum oil CAS 92062-35-6 in accordance with Article 24(a) of Regu- lation (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 12 March 2009 in the format of the Commission review report. During the examination of petroleum oil CAS 92062-35-6 by the Committee, it was concluded, taking into account comments received from Member States, that it has to be considered that there are clear indications that it may be expected that that active substance has harmful effects on human health and in particular on consumers and operators, because the existing evidence is not sufficient to allow the esta- blishment of an ADI, ARfD and an AOEL.