L 108/34 Official Journal of the European Union 28.4.2011 COMMISSION IMPLEMENTING DIRECTIVE 2011/57/EU of 27 April 2011 amending Council Directive 91/414/EEC to include fluometuron as active substance and amending Commission Decision 2008/934/EC (Text with EEA relevance) THE EUROPEAN COMMISSION, also  complies with the remaining substantive Having regard to the Treaty on the Functioning of the European Union, 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 Regulations (EC) No 451/2000 (?) and (EC) No 1490/2002 (}) lay down the detailed rules for the implementation of the second and third stages 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 included fluometuron. In accordance with Article 11e of Regulation (EC) No 1490/2002 the notifiers withdrew their support of the inclusion of that active substance in Annex I to Directive 91/414/EEC within 2 months from receipt of the draft assessment report. Consequently, Commission Decision 2008/934/EC of 5 December 2008 concerning the non-inclusion of certain active substances in Annex I to Directive 91/414/EEC and the withdrawal of authori- sations for plant protection products containing these substances (*) was adopted on the non-inclusion of fluometuron. Pursuant to Article 6(2) of Directive 91/414[EEC the original notifiers (hereinafter ‘the applicants’) submitted a new application requesting the accelerated procedure to be applied, as provided for in Articles 14 to 19 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (%). The application was submitted to Greece, which had been designated rapporteur Member State by Regulation (EC) No 1490/2002. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as were the subject of Decision 2008/934/EC. That application L 230, 19.8.1991, p. 1. L 55, 29.2.2000, p. 25. L 224, 21.8.2002, p. 23. L 333, 11.12.2008, p. 11. L 15, 18.1.2008, p. 5. and procedural requirements of Article 15 of Regulation (EC) No 33/2008. Greece evaluated the additional data submitted by the applicants and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority) and to the Commission on 27 January 2010. The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regu- lation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on fluometuron to the Commission on 14 December 2010 (°). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 11 March 2011 in the format of the Commission review report for fluometuron. It has appeared from the various examinations made that plant protection products containing fluometuron may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which have been examined and detailed in the Commission review report. It is therefore appropriate to include fluometuron in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing this active substance can be granted in accordance with the provisions of that Directive. Without prejudice to that conclusion, it is appropriate to obtain further information on certain specific points. Article 6(1) of Directive 91/414/EEC provides that inclusion of a substance in Annex I may be subject to conditions. Therefore, it is appropriate to require that the applicants submit further information confirming the toxicological properties of the plant metabolite trifluor- oacetic acid and the analytical methods for the moni- toring of fluometuron in air and the soil metabolite trifluoromethylaniline in soil and water. In case fluometuron is classified under Regulation (EC) No 1272/2008 of the European Parliament and of the Council () as ‘suspected of causing cancer’, the Member States concerned shall request the submission of further information confirming the relevance for groundwater of the soil metabolites desmethyl-fluometuron and trifluor- omethylaniline. (%) European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance fluometuron. EFSA Journal 2011;9(1):1958. [54 pp.] doi:10.2903/j.efsa.2011. 1958. Available online: www.efsa.europa.eu/efsajournal.htm () OJ L 353, 31.12.2008, p. 1.