3.3.2011 Official Journal of the European Union L 58/41 DIRECTIVES COMMISSION DIRECTIVE 2011/19/EU of 2 March 2011 amending Council Directive 91/414/EEC to include tau-fluvalinate as active substance and amending Decision 2008/934/EC (Text with EEA relevance) 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 Article 6(1) thereof, Whereas: Commission Regulations (EC) No 451/2000 (?) and (EC) No 1490/2002 (}) lay down the detailed rules for the implementation of the third 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 included tau-fluvalinate. In accordance with Article 11e of Regulation (EC) No 1490/2002 the notifier withdrew its support of the inclusion of that active substance in Annex 1 to Directive 91/414/EEC within two 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 Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (*) was adopted on the non-inclusion of tau-fluvalinate. Pursuant to Article 6(2) of Directive 91/414/EEC the original notifier (hereinafter ‘the applicant) submitted a 230, 19.8.1991, p. 1. 55, 29.2.2000, p. 25. 224, 21.8.2002, p. 23. L L L L 333, 11.12.2008, p. 11. 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 Denmark, which had been designated rapporteur Member State by Regulation (EC) No 451/2000. 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 also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008. Denmark evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority) and to the Commission on 1 October 2009. 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 tau-fluvalinate to the Commission on 17 June 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 28 January 2011 in the format of the Commission review report for tau-fluvalinate. () OJ L 15, 18.1.2008, p. 5. (°) European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance tau-fluvalinate. EFSA Journal 2010; 8(7):1645. 2010.1645. Available online: www.efsa.europa.eu [70 pp.]. doi:10.2903/j.efsa.