EN    EN EN 
 EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels,   
Draft 
COMMISSION DECISION 
of 
concerning the non-inclusion of  petroleu m oils CAS 92062-35-6 in Annex I to Council 
Directive 91/414/EEC and the withdrawal of authorisations for plant protection 
products containing that substance  
(Text with EEA relevance) EN 2   EN Draft 
COMMISSION DECISION 
of 
concerning the non-inclusion of petroleu m oils CAS 92062-35-6 in Annex I to Council 
Directive 91/414/EEC and the withdrawal of authorisations for plant protection 
products containing that substance  
(Text with EEA relevance)  
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty esta blishing the European Community, 
Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of 
plant protection products on the market1, and in particular the fourth subparagraph of 
Article 8(2) thereof, 
Whereas: (1) Article 8(2) of Directive 91/414/EEC provi des that a Member State may, during a 
period of 12 years following the notification of that Directive, au thorise the placing on 
the market of plant protection products containing active substances not listed in 
Annex I to that Directive that are already on the market two years after the date of 
notification, while those substances are gradually being examined within the framework of a programme of work. 
(2) Commission Regulations (EC) No 1112/2002
2 and (EC) No 2229/20043 lay down the 
detailed rules for the implementation of th e fourth 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 incl usion in Annex I to 
Directive 91/414/EEC. That list incl udes petroleum oils CAS 92062-35-6. 
                                                 
1 OJ L 230, 19.8.1991, p. 1. 
2 OJ L 168, 27.6.2002, p. 14.  
3 OJ L 379, 24.12.2004, p. 13. EN 3   EN (3) For petroleum oils CAS 92062-35-6 the effect s on human health and the environment 
have been assessed in accordance with the provisions laid down in Regulations (EC) 
No 1112/2002 and (EC) No 2229/2004 for a range  of uses proposed by the notifier. 
Moreover, those Regulations designate the ra pporteur Member States which have to 
submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with  Article 21(3) of Regulation (EC) No 
2229/2004. For petroleum oils CAS 92062-35-6 the rapporteur Member State was 
Spain and all relevant information was submitted in March 2008. 
(4) The Commission examined petroleum o ils CAS 92062-35-6 in accordance with 
Article 24a of Regulation (EC) No 2229/2004. A draft review report for that substance 
was reviewed by the Member States a nd the Commission within the Standing 
Committee on the Food Chain and Animal H ealth and finalised on 12 March 2009 in 
the format of the Commission review report. 
(5) During the examination of petroleum o ils CAS 92062-35-6 by the Committee, it was 
concluded, taking into account comments recei ved from Member States, that it has to 
be considered that there are cl ear indications that it may be  expected that that active 
substance has harmful effects on human hea lth and in particular on consumers and 
operators, because the existing evidence is not sufficient to allow the establishment of an ADI, ARfD and an AOEL. 
(6) The Commission invited the notifier to s ubmit its comments on the results of the 
examination of Petroleum oil CAS 92062-35-6 and on its intention or not to further support the substance. The notifier submitted its comments which have been carefully 
examined. However, despite the arguments put  forwards by the notifier, the concerns 
identified could not be eliminated, a nd assessments made on the basis of the 
information submitted have not demonstrated that it may be expected that, under the proposed conditions of use, plant protection products containing Petroleum oil CAS 
92062-35-6 satisfy in general the requirements laid down in Article 5(1)(a) and (b) of 
Directive 91/414/EEC. 
(7) Petroleum oils CAS 92062-35-6 should theref ore not be included in Annex I to 
Directive 91/414/EEC. 
(8) Measures should be taken to ensure that authorisations grante d for plant protection 
products containing petroleum oils CAS 92062-35-6 are withdrawn within a fixed 
period of time and are not renewed and that  no new authorisations for such products 
are granted.  
(9) Any period of grace granted by a Member St ate for the disposal, storage, placing on the 
market and use of existing stocks of plant pr otection products containing petroleum oils 
CAS 92062-35-6 s hould be limited to twelve months in  order to allow existing stocks to 
be used in one further growing season, wh ich ensures that plant protection products 
containing petroleum oils CAS 92062-35-6 remain available to users for 18 months from the adoption of this Decision. 
(10) This Decision does not prejudice the submissi on of an application for petroleum oils 
CAS 92062-35-6 in accordance with Articl e 6(2) of Direc tive 91/414/EEC and 
Commission Regulation (EC) No 33/2008 of  17 January 2008 laying down detailed 
rules for the application of Council Directiv e 91/414/EEC as regards a regular and an EN 4   EN accelerated procedure for the a ssessment 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 I4, in view of a possible inclusion in its Annex I.  
(11) The measures provided for in this Decision are in accordance with the opinion of the 
Standing Committee on the Food Chain and Animal Health, 
HAS ADOPTED THIS DECISION: 
Article 1 
Petroleum oils CAS 92062-35-6 sh all not be included as activ e substance in Annex I to 
Directive 91/414/EEC. 
Article 2 
Member States shall ensure that: 
(a) authorisations for plant protection produc ts containing petroleum oils CAS 92062-35-6 are 
withdrawn by [INSERT DATE 6 MONTHS FROM THE DATE OF ADOPTION OF 
THIS DECISION];  
(b) no authorisations for plant protection pr oducts containing petrol eum oils CAS 92062-35-6 
are granted or renewed from the da te of publication of this Decision. 
Article 3 
Any period of grace granted by Member States in accordance with the provisions of 
Article 4(6) of Directive 91/414/EEC, shall be  as short as possible and shall expire on 
[INSERT DATA 18 MONTHS FROM ADOPTION OF THIS DECISION]  at the latest. 
                                                 
4 OJ L 15, 18.1.2008, p. 5. EN 5   EN Article 4 
This Decision is addressed to the Member States. 
Done at Brussels, 
 For the Commission 
 Androulla Vassiliou  Member of the Commission