L 141/76 Official Journal of the European Union 2.6.2007 COMMISSION COMMISSION DECISION of 25 May 2007 concerning the non-inclusion of fenitrothion 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) 2164) (Text with EEA relevance) (2007/379/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. ()  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 feni- trothion. () O] L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2007/25/EC (O] L 106, 24.4.2007, p. 34). (®» 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). () O] L 98, 7.4.2001, p. 6. (3) For fenitrothion 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 notifier. Moreover, those Regulations 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 8(1) of Regulation (EC) No 451/2000. For fenitrothion the rapporteur Member State was United Kingdom and all relevant information was submitted on 4 November 2003. The assessment report has been peer reviewed by the Member States and the EFSA within its Working Group Evaluation and presented to the Commission on 13 January 2006 in the format of the EFSA conclusion regarding the peer review of the pesticide risk assessment of the active substance fenitrothion (¥). 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 14 July 2006 in the format of the Commission review report for fenitrothion. During the evaluation of this active substance, a number of concerns were identified. Based on the available infor- mation it has not been demonstrated that the estimated exposure of operators and workers is acceptable. Moreover, the estimated acute exposure of consumers cannot be regarded acceptable due to the insufficient information on the effects of certain degradation products that may be present in raw or processed commodities, and so it was not possible to conclude on the basis of the information available that fentrothion met the criteria for inclusion in Annex I to Directive 91/414/EEC. () EFSA Scientific Report (2006)59, 1-80, Conclusion on the peer review of fenitrothion.