L 18/42 Official Journal of the European Union 21.1.2011 COMMISSION DECISION of 20 January 2011 concerning the non-inclusion of 1,3-dichloropropene in Annex I to Council Directive 91/414/EEC (notified under document C(2011) 119) (Text with EEA relevance) (2011/36/EU) THE EUROPEAN COMMISSION, 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 ('), and in particular the fourth subparagraph of Article 8(2) thereof, Whereas: (1) By Commission Decision 2007/619/EC (%) it was decided not to include the active substance 1,3-dichloropropene in Annex I to Directive 91/414/EEC. That Decision was taken within the framework of the second stage of the programme of work provided for in Commission Regu- lations (EC) No 451/2000 (%) and (EC) No 703/2001 () which 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 which establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. The original notifier submitted a new application pursuant to Article 6(2) of Directive 91/414/EEC and 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 (°). It requested the application of the accelerated procedure pursuant to Chapter I of Regulation (EC) No 33/2008 and submitted an updated dossier. The application was submitted to Spain, which had been designated rapporteur Member State by Regulation (EC) No 451/2000. That application complies with the substantive and procedural requirements of Article 15 of Regulation 230, 19.8.1991, p. 1. 249, 25.9.2007, p. 11. 98, 7.4.2001, p. 6. 15, 18.1.2008, p. 5. L L L 55, 29.2.2000, p. 25. L L (EC) No 33/2008 and was submitted within the time period provided for in the second sentence of Article 13 of that Regulation. Spain evaluated the new information and data submitted by the notifier and prepared an additional report on 15 April 2009. The additional report was peer reviewed by the Member States and the European Food Safety Authority, here- inafter ‘EFSA’, and presented to the Commission on 30 September 2009 in the format of the EFSA Conclusion for 1,3-dichloropropene (°). This report was reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 9 July 2010 in the format of the Commission review report for 1,3-dich- loropropene. The new assessment by the rapporteur Member State and the new conclusion by the EFSA concentrated on the concerns that lead to the non-inclusion, which were due to the release in the environment 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 were available, as well as to the inconclusive nature of the consumer risk assessment and to the risk of groundwater potential contamination, for birds, mammals, aquatic organisms and other non-target organism. New data and information were submitted by the notifier in the updated dossier to address the concerns which lead to the non-inclusion, in particular as regards the identity of a number of impurities, the level of residues expected in crops, the risk to groundwater contamination and the risk to birds, mammals, aquatic organisms and non-target organisms. A new assessment was performed, as included in the additional report and in the EFSA Conclusion for 1,3-dichloropropene. However, the additional data and information provided by the notifier did not permit to eliminate all the specific concerns that led to the non-inclusion. (%) European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance (EZ)-1,3-dich- loropropene on request from the European Commission. EFSA Journal 2009; 7(10):1341. [102 pp.]. doi:10.2903/j.efsa.2009.1341. Available online: www.efsa.europa.cu