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dossier	COM(2010)444 - Non-inclusion of 1, 3-dichloropropene in Annex I to Council Directive 91/414/EEC.
source	COM(2010)444
date	01-09-2010

The attached draft proposal for a Council Decision concerns the non-inclusion of 1,3-dichloropropene as active substance in the positive list (Annex I) of Council Directive 91/414/EEC. The proposal for a non-inclusion is based on a number of concerns identified during the second evaluation of this active substance, which is not approved since September 2007.

Directive 91/414/EEC concerning the placing of plant protection products on the market sets up a harmonised framework for the authorisation and placing on the market of plant protection products. Article 8 i of this Directive provides a programme to be carried out over a period of 12 years for the gradual examination of the active substances contained in the pesticides, which are on the market for the inclusion in Annex I of the Directive. Regulation (EC) No 451/2000 and Regulation (EC) No 1490/2002 lay down the detailed rules for the implementation of the second and third stages of the above mentioned programme of work.

1,3-dichloropropene is one of the active substances covered by the second stage of this work programme. It had been non-included in Annex I of Directive 91/414/EEC by Commission Decision 2007/619/EC, in particular 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.

In June 2008, the notifier of the active substance re-submitted a new dossier according to the accelerated procedure provided for in Regulation (EC) No 33/2008. This dossier has been evaluated by the designated rapporteur Member State (Spain) and by the European Food Safety Authority (EFSA), which delivered on 30 September 2009 its conclusions on the risk assessment 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 first non-inclusion. Therefore, on 9 July 2010, the Commission submitted to the Standing Committee on the Food Chain and Animal Health a draft Commission Decision concerning the non-inclusion of 1,3-dichloropropene in Annex I to Council Directive 91/414/EEC.

The Committee delivered no opinion and the results of the vote were the following:

- 14 Member States voted in favour (150 votes)

- 11 Member States voted against (154 votes)

- 2 Member States abstained (41 votes)

Consequently, pursuant to article 19 of Directive 91/414/EEC and in accordance with Article 5 of Council Decision 1999/468/EC the Commission is required to submit to the Council a proposal relating to the measures to be taken, the Council having three months in which to act by a qualified majority.

The draft Decision is not subject to the right of scrutiny of the European Parliament (Article 8 of Council Decision 1999/468/EC).