L 349/42 Official Journal of the European Union 12.12.2006 COMMISSION DIRECTIVE 2006/136/EC of 11 December 2006 amending Council Directive 91/414/EEC to include dinocap as active substance (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (4)  As regards dinocap, two questions were submitted to the 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 (1), and in particular Article 6(1) thereof, Whereas: (1) ~ Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414[EEC concerning the placing of plant protection products on the market (%) establishes 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 dinocap. (2)  For dinocap, the effects on human health and the envir- onment have been assessed in accordance with the provisions laid down in Regulation (EEC) No 3600/92 for a range of uses proposed by the notifier. By Commission Regulation (EC) No 933/94 of 27 April 1994 laying down the active substances of plant protection products and designating the Rapporteur Member State for the implementation of Commission Regulation (EEC) No 3600/92 (%), as amended by Regu- lation (EC) No 491/95 of 3 March 1995 (*), Austria was designated as Rapporteur Member State. Austria submitted the relevant assessment report and recommen- dations to the Commission on 18 May 2000 in accordance with Article 7(1)(c) of Regulation (EEC) No 3600/92. (3)  The assessment report has been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. () O] L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/85/EC (O] L 293, 24.10.2006, p. 3). (® OJ L 366, 15.12.1992, p. 10. Regulation as last amended by Regu- lation (EC) No 2266/2000 (O] L 259, 13.10.2000, p. 10). (}) OJ L 107, 28.4.1994, p. 8. Regulation as last amended by Regu- lation (EC) No 2230/95 (O] L 225, 22.9.1995, p. 1). () O] L 49, 4.3.1995, p. 50. Scientific Panel on Plant Health, Plant Protection Products and their Residues of the European Food Safety Authority (the Scientific Panel). The first question concerned the relevance to humans of eye effects that have been observed in dogs and the second related to the appro- priate value for dermal absorption that could be derived from the different studies that have been made available by the notifier. On the first question the Scientific Panel considered that there is not sufficient information to conclude that the eye effects in dogs would only be specific to that species and that more research on the mechanisms involved may be necessary. Consequently, it is concluded that these effects in dogs cannot be regarded to be irrelevant to humans. On the second question, the Scientific Panel () considered a value of 10 % dermal absorption to be appropriate for the purpose of the assessment. In both cases, the recommendations of the Scientific Panel have been taken into consideration in formulating this Directive and the relevant review report. (5)  Articles 5(4) and 6(1) of Directive 91/414/EEC provide that inclusion of a substance in Annex I may be subject to restrictions and conditions. In this case, restrictions on the inclusion period and on the authorised crops are deemed necessary. The original measures presented to the Standing Committee on the Food Chain and Animal Health, proposed the restriction of the inclusion period to seven years, so that Member States would give priority to reviewing plant protection products already on the market containing dinocap. In order to avoid discrepancies in the high level of protection sought, the inclusion in Annex I to Directive 91/414[EEC was intended to be limited to the uses of dinocap that have been actually assessed within the Community evaluation and for which the proposed uses were considered to comply with the conditions of Directive 91/414/EEC. This implies that other uses, which were not or only partially covered by this assessment, had first to be subject to a complete assessment, before their inclusion in Annex 1 of Directive 91/414/EEC could be considered. Finally, due to the hazardous nature of dinocap, it was considered necessary to provide for a minimum harmonisation at Community level of certain risk mitigation measures that were to be applied by Member States when granting authorisations. (’) Opinion of the Scientific Committee on Plant Health, Plant Protection Products and their Residues on a request from the Commission related to the evaluation of dinocap in the context of Council Directive 91/414/EEC (Question No EFSA-Q-2004-26, Opinion adopted on 30 June 2004).