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Document 02000D0657-20130701

Consolidated text: Commission Decision of 16 October 2000 adopting Community import decisions for certain chemicals pursuant to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals (notified under document number C(2000) 2685) (Text with EEA relevance) (2000/657/EC)

ELI: http://data.europa.eu/eli/dec/2000/657/2013-07-01

2000D0657 — EN — 01.07.2013 — 008.001


This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

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COMMISSION DECISION

of 16 October 2000

adopting Community import decisions for certain chemicals pursuant to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals

(notified under document number C(2000) 2685)

(Text with EEA relevance)

(2000/657/EC)

(OJ L 275, 27.10.2000, p.44)

Amended by:

 

 

Official Journal

  No

page

date

 M1

COMMISSION DECISION of 19 November 2001

  L 318

28

4.12.2001

►M2

COMMISSION DECISION of 7 July 2003

  L 174

10

12.7.2003

 M3

COMMISSION REGULATION (EC) No 886/2004 of 4 March 2004

  L 168

14

1.5.2004

►M4

COMMISSION DECISION of 19 May 2005

  L 147

1

10.6.2005

►M5

COMMISSION DECISION of 18 November 2005

  L 304

46

23.11.2005

 M6

COMMISSION REGULATION (EC) No 1792/2006 of 23 October 2006

  L 362

1

20.12.2006

►M7

COMMISSION DECISION of 30 November 2009

  L 341

14

22.12.2009

►M8

COMMISSION REGULATION (EU) No 519/2013 of 21 February 2013

  L 158

74

10.6.2013




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COMMISSION DECISION

of 16 October 2000

adopting Community import decisions for certain chemicals pursuant to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals

(notified under document number C(2000) 2685)

(Text with EEA relevance)

(2000/657/EC)



THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals ( 1 ), as last amended by Regulation (EC) No 2247/98 ( 2 ), and in particular Article 5(2) thereof,

Whereas:

(1)

Regulation (EEC) No 2455/92 provides that the Commission is to decide for each chemical subject to the Prior Informed Consent (PIC) procedure whether or not the Community consents, possibly subject to specified conditions, to its import.

(2)

The United Nations Environment Programme (UNEP) and the Food and Agriculture Organisation (FAO) have been appointed to provide secretariat services for the operation of the interim PIC procedure established by the Final Act of the Conference of Plenipotentiaries on the Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, signed at Rotterdam on 10 September 1998, in particular the Resolution on interim arrangements thereof.

(3)

Additional chemicals have been added to the interim PIC procedure, as pesticide or pesticide formulation, for which the Commission has received information from the interim Secretariat in the form of decision guidance documents.

(4)

The Commission, acting as common designated authority, is required to forward decisions on chemicals to the Secretariat of the interim PIC procedure, on behalf of the Community and its Member States.

(5)

The interim Secretariat has requested that the participants in the PIC procedure use the specific form for importing country response to report on their import decisions.

(6)

The Commission is required, whenever practicable, to make use of existing Community procedures and to ensure that the responses do not conflict with existing Community legislation. However, the Commission also needs to take into consideration Member States' bans or severe restrictions, pending a Community decision.

(7)

The substances binapacryl, captafol, hexachlorobenzene, pentachlorophenol and toxaphene are banned or severely restricted at Community level, in particular by Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances ( 3 ), as last amended by Directive 91/188/EEC ( 4 ), or by Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations ( 5 ), as last amended by Directive 1999/77/EC ( 6 ). Accordingly, a final decision on import should be taken for these substances.

(8)

The substances 2,4,5-T, chlorobenzilate, lindane, methamidophos, methylparathion, monochrotophos, parathion and phosphamidon are subject to Community legislation, and in particular to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market ( 7 ), as last amended by Directive 2000/50/EC ( 8 ), or Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market ( 9 ), both providing for a transitional period during which the Member States are allowed to take national decisions on substances and products falling within their scopes, pending a Community decision. Accordingly, an interim decision on import should be taken for these substances.

(9)

The measures provided for in this Decision are in accordance with the opinion of the Committee set up pursuant to Article 29 of Council Directive 67/548/EEC ( 10 ),

HAS DECIDED AS FOLLOWS:



Sole Article

The decisions on import concerning the chemical substances 2,4,5-T, binapacryl, captafol, chlorobenzilate, hexachlorobenzene, lindane, methamidophos, methylparathion, monochrotophos, parathion, pentachlorophenol, phosphamidon and toxaphene are hereby adopted as reported on the importing country response forms contained in the Annex.




ANNEX

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SECTION 1. IDENTITY OF CHEMICAL1.1.Common nameHexachlorobenzene1.2.CAS number118-74-11.3.Type of formulation and content of active ingredientSECTION 2. THE IMPORT RESPONSE PROVIDED IN THIS FORM APPLIES TO THE FOLLOWING CATEGORY OR CATEGORIESX PesticideIndustrialSeverely hazardous pesticide formulationSECTION 3. INDICATION REGARDING PREVIOUS RESPONSE, IF ANY3.1.This is a first time import response for this chemical in the country.3.2.X This is a modification of a previous response.The previous response was a final decision.X YesNoThe previous response was an interim response.YesX NoDate of issue of the previous response:27/10/2000SECTION 4. RESPONSE REGARDING FUTURE IMPORTX Final decision (Fill in section 5, page 2) ORInterim response (Fill in section 6, pages 3 and 4)SECTION 5. FINAL DECISION, PURSUANT TO NATIONAL LEGISLATIVE OR ADMINISTRATIVE MEASURES5.1.X No consent to importIs the import of the chemical from all sources simultaneously prohibited?X YesNoIs domestic production of the chemical for domestic use simultaneously prohibited?X YesNo5.2.Consent to import5.3.Consent to import only subject to specified conditionsAre the conditions for import of the chemical the same for all sources of import?YesNoAre the conditions for domestic production of the chemical for domestic use the same as for all imports?YesNo5.4.NATIONAL LEGISLATIVE OR ADMINISTRATIVE MEASURE UPON WHICH THE FINAL DECISION IS BASEDDescription of the national legislative or administrative measure:It is prohibited to produce, place on the market or use hexachlorobenzene. The chemical, whether on its own, in preparations or as a constituent of articles was banned by Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (OJ L 229, 29.6.2004, p. 5).The complete name and address of the institution/authority responsible for issuing this national legislative or administrative measure:European Community and its Member States (see address in section 8).

5.5.RemarksHas there ever been a request of registration of this chemical in the country?YesNoIs this chemical currently registered in the country?YesNoIs this chemical manufactured in the country?YesNoIs this chemical formulated in the country?YesNoIf yes to either one of these last two questions:Is this intended for domestic use?YesNoIs this intended for export?YesNoOther remarksSECTION 6. INTERIM RESPONSE6.1.No consent to importIs the import of the chemical from all sources simultaneously prohibited?YesNoIs domestic production of the chemical for domestic use simultaneously prohibited?YesNo6.2.Consent to import6.3.Consent to import only subject to specified conditionsThe specified conditions are:Are the conditions for import of the chemical the same for all sources of import?YesNoAre the conditions for domestic production of the chemical for domestic use the same as for all imports?YesNo6.4.INDICATION OF ACTIVE CONSIDERATION IN ORDER TO REACH A FINAL DECISIONIs a final decision under active consideration?YesNoThe following administrative action is being undertaken during the period a final decision is being considered:Approximate time needed before a final decision can be reached:The complete name and address of the responsible institution/authority actively considering a final decision:

6.5.INFORMATION OR ASSISTANCE REQUESTED IN ORDER TO REACH A FINAL DECISIONThe following additional information is requested from the Secretariat:The following additional information is requested from the country that notified the final regulatory action:The following assistance is requested from the Secretariat in evaluating the chemical:6.6.RemarksHas there ever been a request of registration of this chemical in the country?YesNoIs this chemical currently registered in the country?YesNoIs this chemical manufactured in the country?YesNoIs this chemical formulated in the country?YesNoIf yes to either one of these last two questions:Is this intended for domestic use?YesNoIs this intended for export?YesNoOther remarksSECTION 7. RELEVANT ADDITIONAL INFORMATIONHexachlorobenzene is classified under Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 196, 16.8.1967, p. 1) as: T; R 48/25 (Toxic; toxic: danger of serious damage to health by prolonged exposure if swallowed) — Carc. Cat. 2; R 45 (Carcinogenic category 2; may cause cancer) — N; R 50/53 (Dangerous to the environment; very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment).SECTION 8. DESIGNATED NATIONAL AUTHORITYInstitutionEuropean Commission DG EnvironmentAddressRue de la Loi/Wetstraat 200B-1049 Brussels

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Secretariat for the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International TradeFORM FOR IMPORTING COUNTRY RESPONSEIMPORTANT: See instructions before filling in the formCOUNTRY: European Community(Member States: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom)

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SECTION 1. IDENTITY OF CHEMICAL1.1.Common nameParathion1.2.CAS number56-38-21.3.Type of formulation and content of active ingredientAll formulationsSECTION 2. THE IMPORT RESPONSE PROVIDED IN THIS FORM APPLIES TO THE FOLLOWING CATEGORY OR CATEGORIESX PesticideIndustrialX Severely hazardous pesticide formulationSECTION 3. INDICATION REGARDING PREVIOUS RESPONSE, IF ANY3.1.This is a first time import response for this chemical in the country.3.2.X This is a modification of a previous response.The previous response was a final decision.X YesNoThe previous response was an interim response.YesX NoDate of issue of the previous response:24.7.2003SECTION 4. RESPONSE REGARDING FUTURE IMPORTX Final decision (Fill in section 5, page 2) ORInterim response (Fill in section 6, page 3-4)SECTION 5. FINAL DECISION, pursuant to national legislative or administrative measures5.1.X No consent to importIs the import of the chemical from all sources simultaneously prohibited?X YesNoIs domestic production of the chemical for domestic use simultaneously prohibited?X YesNo5.2.Consent to import5.3.Consent to import only subject to specified conditionsAre the conditions for import of the chemical the same for all sources of import?YesNoAre the conditions for domestic production of the chemical for domestic use the same as for all imports?YesNo

5.4.National legislative or administrative measure upon which the final decision is basedDescription of the national legislative or administrative measure:It is prohibited to use or place on the market all plant protection products containing parathion. Parathion was excluded from Annex I to Council Directive 91/414/EEC and thus authorisations for plant-protection products containing this active substance have been withdrawn. (Commission Decision 2001/520/EC of 9 July 2001, OJ L187, 10.7.2001, p.47).The complete name and address of the institution/authority responsible for issuing this national legislative or administrative measure: European Community and its Member States (see address in section 8).5.5.Remarks See under point 5.3 and 5.4Has there ever been a request of registration of this chemical in the country?YesNoIs this chemical currently registered in the country?YesNoIs this chemical manufactured in the country?YesNoIs this chemical formulated in the country?YesNoIf yes to either one of these last two questions:Is this intended for domestic use?YesNoIs this intended for export?YesNoOther remarksSECTION 6. INTERIM RESPONSE6.1.No consent to importIs the import of the chemical from all sources simultaneously prohibited?YesNoIs domestic production of the chemical for domestic use simultaneously prohibited?YesNo6.2.Consent to import6.3.Consent to import only subject to specified conditionsThe specified conditions are:Are the conditions for import of the chemical the same for all sources of import?YesNoAre the conditions for domestic production of the chemical for domestic use the same as for all imports?YesNo

6.4.Indication of active consideration in order to reach a final decisionIs a final decision under active consideration?YesNoApproximate time needed before a final decision can be reached:The complete name and address of the responsible institution/authority actively considering a final decision:6.5.Information or assistance requested in order to reach a final decisionThe following additional information is requested from the Secretariat:The following additional information is requested from the country that notified the final regulatory action:The following assistance is requested from the Secretariat in evaluating the chemical:6.6.RemarksHas there ever been a request of registration of this chemical in the country?YesNoIs this chemical currently registered in the country?YesNoIs this chemical manufactured in the country?YesNoIs this chemical formulated in the country?YesNoIf yes to either one of these last two questions:Is this intended for domestic use?YesNoIs this intended for export?YesNoOther remarksSECTION 7. RELEVANT ADDITIONAL INFORMATIONParathion is classified under Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 196, 16.8.1967, p. 1) as: T+; R26/28 (Very Toxic; Very toxic by inhalation and if swallowed.) — T; R24, R48/25 (Toxic; Toxic in contact with skin; Toxic: danger of serious damage to health by prolonged exposure if swallowed) — N; R50/53 (Dangerous to the environment; Very Toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment).SECTION 8. DESIGNATED NATIONAL AUTHORITYInstitutionEuropean Commission DG EnvironmentAddressRue de la Loi 200B-1049 Brussels Belgium

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SECTION 1. IDENTITY OF CHEMICAL1.1.Common nameToxaphene (camphechlor)1.2.CAS number8001-35-21.3.Type of formulation and content of active ingredientSECTION 2. THE IMPORT RESPONSE PROVIDED IN THIS FORM APPLIES TO THE FOLLOWING CATEGORY OR CATEGORIESX PesticideIndustrialSeverely hazardous pesticide formulationSECTION 3. INDICATION REGARDING PREVIOUS RESPONSE, IF ANY3.1.This is a first time import response for this chemical in the country.3.2.X This is a modification of a previous response.The previous response was a final decision.X YesNoThe previous response was an interim response.YesX NoDate of issue of the previous response:27/10/2000SECTION 4. RESPONSE REGARDING FUTURE IMPORTX Final decision (Fill in section 5, page 2) ORInterim response (Fill in section 6, pages 3 and 4)SECTION 5. FINAL DECISION, PURSUANT TO NATIONAL LEGISLATIVE OR ADMINISTRATIVE MEASURES5.1.X No consent to importIs the import of the chemical from all sources simultaneously prohibited?X YesNoIs domestic production of the chemical for domestic use simultaneously prohibited?X YesNo5.2.Consent to import5.3.Consent to import only subject to specified conditionsAre the conditions for import of the chemical the same for all sources of import?YesNoAre the conditions for domestic production of the chemical for domestic use the same as for all imports?YesNo5.4.NATIONAL LEGISLATIVE OR ADMINISTRATIVE MEASURE UPON WHICH THE FINAL DECISION IS BASEDDescription of the national legislative or administrative measure:It is prohibited to produce, place on the market or use toxaphene. The chemical, whether on its own, in preparations or as a constituent of articles was banned by Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (OJ L 229, 29.6.2004, p. 5).The complete name and address of the institution/authority responsible for issuing this national legislative or administrative measure:European Community and its Member States (see address in section 8).

5.5.RemarksHas there ever been a request of registration of this chemical in the country?YesNoIs this chemical currently registered in the country?YesNoIs this chemical manufactured in the country?YesNoIs this chemical formulated in the country?YesNoIf yes to either one of these last two questions:Is this intended for domestic use?YesNoIs this intended for export?YesNoOther remarksSECTION 6. INTERIM RESPONSE6.1.No consent to importIs the import of the chemical from all sources simultaneously prohibited?YesNoIs domestic production of the chemical for domestic use simultaneously prohibited?YesNo6.2.Consent to import6.3.Consent to import only subject to specified conditionsThe specified conditions are:Are the conditions for import of the chemical the same for all sources of import?YesNoAre the conditions for domestic production of the chemical for domestic use the same as for all imports?YesNo6.4.INDICATION OF ACTIVE CONSIDERATION IN ORDER TO REACH A FINAL DECISIONIs a final decision under active consideration?YesNoThe following administrative action is being undertaken during the period a final decision is being considered:Approximate time needed before a final decision can be reached:The complete name and address of the responsible institution/authority actively considering a final decision:

6.5.INFORMATION OR ASSISTANCE REQUESTED IN ORDER TO REACH A FINAL DECISIONThe following additional information is requested from the Secretariat:The following additional information is requested from the country that notified the final regulatory action:The following assistance is requested from the Secretariat in evaluating the chemical:6.6.RemarksHas there ever been a request of registration of this chemical in the country?YesNoIs this chemical currently registered in the country?YesNoIs this chemical manufactured in the country?YesNoIs this chemical formulated in the country?YesNoIf yes to either one of these last two questions:Is this intended for domestic use?YesNoIs this intended for export?YesNoOther remarksSECTION 7. RELEVANT ADDITIONAL INFORMATIONToxaphene is classified under Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 196, 16.8.1967, p. 1) as: T; R 25 (Toxic; toxic if swallowed) — Carc. Cat. 3; R 40 (Carcinogenic category 3; Limited evidence of carcinogenic effect) — Xn; R 21 (Harmful; harmful in contact with skin) — Xi; R 37/38 (Irritant; irritating to respiratory system and skin) — N; R 50/53 (Dangerous to the environment; very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment).SECTION 8. DESIGNATED NATIONAL AUTHORITYInstitutionEuropean Commission DG EnvironmentAddressRue de la Loi/Wetstraat 200B-1049 Brussels



( 1 ) OJ L 251, 29.8.1992, p. 13.

( 2 ) OJ L 282, 20.10.1998, p. 12.

( 3 ) OJ L 33, 8.2.1979, p. 36.

( 4 ) OJ L 92, 13.4.1991, p. 42.

( 5 ) OJ L 262, 27.9.1976, p. 201.

( 6 ) OJ L 207, 6.8.1999, p. 18.

( 7 ) OJ L 230, 19.8.1991, p. 1.

( 8 ) OJ L 198, 4.8.2000, p. 39.

( 9 ) OJ L 123, 24.4.1998, p. 1.

( 10 ) OJ 196, 16.8.1967, p. 1.

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