25.9.2007 Official Journal of the European Union L 249/11 COMMISSION COMMISSION DECISION of 20 September 2007 concerning the non-inclusion of 1,3-dichloropropene 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(2007) 4281) (Text with EEA relevance) (2007/619/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 of 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. (2)  Commission Regulations (EC) No 451/2000 (3 and (EC) No 703/2001 (}) lay down the detailed rules for the implementation of the second 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 1,3-dichloropropene. () O] L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2007/52/EC (O] L 214, 17.8.2007, p. 3). (®» OJ L 55, 29.2.2000, p. 25. Regulation as last amended by Regu- lation (EC) No 1044/2003 (O] L 151, 19.6.2003, p. 32). () OJ L 98, 7.4.2001, p. 6. G) For 1,3-dichloropropene 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 703/2001 for a range of uses proposed by the notifiers. 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 8(1) of Regulation (EC) No 451/2000. For 1,3-dichloropropene the rapporteur Member State was Spain and all relevant information was submitted on 14 January 2004. The assessment report has been peer reviewed by the Member States and the EFSA, and presented to the Commission on 12 May 2006 in the format of the EFSA Conclusion regarding the peer review of the pesticide risk assessment of the active substance 1,3- dichloropropene (*. 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 15 May 2007 in the format of the Commission review report for 1,3-dichloropropene. During the evaluation of this active substance, a number of areas of concern have been identified. This was in particular the case concerning the release in the en- vironment of large amounts of known and unknown polychlorinated impurities, for which no information on persistency, toxicological behaviour, uptake from crops, accumulation, metabolic fate and residue level are available. As a result of that, the consumer exposure has not been demonstrated to be acceptable and there is a possible risk of groundwater contami- nation, for birds, mammals, aquatic organisms and other non-target organisms. 4) EFSA Scientific Report (2006) 72, 1-99, conclusion regarding the P 8 8 peer review of pesticide risk assessment of 1,3-dichloropropene.