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Document 02003D0508-20130701

Consolidated text: Commission Decision of 7 July 2003 adopting Community import decisions for certain chemicals pursuant to Regulation (EC) No 304/2003 of the European Parliament and of the Council and amending Decisions 2000/657/EC and 2001/852/EC (Text with EEA relevance) (2003/508/EC)

ELI: http://data.europa.eu/eli/dec/2003/508/2013-07-01

2003D0508 — EN — 01.07.2013 — 003.001


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 7 July 2003

adopting Community import decisions for certain chemicals pursuant to Regulation (EC) No 304/2003 of the European Parliament and of the Council and amending Decisions 2000/657/EC and 2001/852/EC

(Text with EEA relevance)

(2003/508/EC)

(OJ L 174, 12.7.2003, p.10)

Amended by:

 

 

Official Journal

  No

page

date

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COMMISSION DECISION of 19 May 2005

  L 147

1

10.6.2005

 M2

COMMISSION DECISION of 30 November 2009

  L 341

14

22.12.2009

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

  L 158

74

10.6.2013




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COMMISSION DECISION

of 7 July 2003

adopting Community import decisions for certain chemicals pursuant to Regulation (EC) No 304/2003 of the European Parliament and of the Council and amending Decisions 2000/657/EC and 2001/852/EC

(Text with EEA relevance)

(2003/508/EC)



THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 304/2003 of the European Parliament and of the Council of 28 January 2003 concerning the export and import of dangerous chemicals ( 1 ), and in particular Article 12(1) thereof,

Whereas:

(1)

Under Regulation (EC) No 304/2003, the Commission is to decide on behalf of the Community whether or not to permit the import into the Community of each chemical subject to the prior informed consent (PIC) procedure.

(2)

The United Nations Environment Programme (UNEP) and the Food and Agriculture Organization (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 Rotterdam Convention on the Prior Informed Consent (PIC) procedure for certain hazardous chemicals and pesticides in international trade, in particular the Resolution on interim arrangements laid down therein; the Convention was signed on 11 September 1998 and approved by the Community by Council Decision 2003/106/EC ( 2 ).

(3)

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

(4)

The interim Secretariat has requested that participants in the PIC procedure use the special Importing Country Response form when reporting their import decisions.

(5)

The chemical monocrotophos has been added to the list of chemicals subject to the interim PIC procedure, as a pesticide, for which the Commission has received information from the interim Secretariat in the form of a Decision Guidance Document. Monocrotophos is already subject to the interim PIC procedure to the extent that certain severely hazardous pesticide formulations containing monocrotophos are listed in Annex III to the Rotterdam Convention. Pending a Community evaluation of monocrotophos within the framework of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market ( 3 ), as last amended by Regulation (EC) No 806/2003 ( 4 ), an interim response concerning those pesticide formulations was given in Commission Decision 2000/657/EC 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 ( 5 ), as amended by Decision 2001/852/EC ( 6 ). Pursuant to Commission Regulation (EC) No 2076/2002 of 20 November 2002 extending the time period referred to in Article 8(2) of Council Directive 91/414/EEC and concerning the non-inclusion of certain active substances in Annex I to that Directive and the withdrawal of authorisation for plant protection products containing these substances ( 7 ), monocrotophos was excluded from Annex I to Directive 91/414/EEC and authorisations for plant protection products containing it were to be withdrawn by 25 July 2003. The interim response set out in Decision 2000/657/EC should therefore be replaced by a final import decision.

(6)

The chemicals 2,4,5-T, chlorobenzilate and phosphamidon fall within the scope of Directive 91/414/EEC, which provides for a transitional period during which Member States may, pending a Community decision, take a decision on substances and products falling within the scope of that Directive. By Regulation (EC) No 2076/2002, those substances were excluded from Annex I to Directive 91/414/EEC and authorisations for plant protection products containing the substances were to be withdrawn by 25 July 2003. The import decisions for the pesticide formulations 2,4,5-T, chlorobenzilate and phosphamidon set out in Decision 2000/657/EC, which were submitted as interim responses pending a Community decision, should therefore be replaced by final decisions.

(7)

The chemicals parathion and methyl parathion also fall within the scope of Directive 91/414/EEC. By Commission Decision 2001/520/EC of 9 July 2001 concerning the non-inclusion of parathion in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing this active substance ( 8 ) and Commission Decision 2003/166/EC of 10 March 2003 concerning the non-inclusion of methyl parathion in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing this active substance ( 9 ), those substances have now been excluded from Annex I to Directive 91/414/EEC and authorisations for plant protection products containing them have been withdrawn. Consequently, the import decisions for the pesticide formulations parathion and methyl parathion, as set out in Commission Decision 2001/852/EC of 19 November 2001 on adopting Community import decisions pursuant to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals and amending Decision 2000/657/EC and Decision 2000/657/EC, respectively, which were submitted as interim responses pending a Community decision, should be replaced by final decisions.

(8)

The chemical ethylene oxide is covered 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 ( 10 ), as last amended by Regulation (EC) No 807/2003 ( 11 ). This was reflected in a final decision on import contained in Decision 2001/852/EC. However, ethylene oxide has recently been notified under the Community programme for the evaluation of existing substances under 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 ( 12 ), which provides for a transitional period during which Member States may, pending a Community decision, take a decision on substances and products falling within its scope. The import decision set out in Decision 2001/852/EC should therefore be replaced.

(9)

The chemicals polybrominated biphenyls (PBBs) were made subject to severe restrictions at Community level 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 ( 13 ), as last amended by Directive 2003/11/EC of the European Parliament and of the Council ( 14 ). This was reflected in a Community import decision that was published in PIC Circular V reporting the situation as at 30 June 1995. However, that Decision did not take into account a complete ban on PBBs in Austria dating from 1993. It is therefore necessary to replace that import Decision.

(10)

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 ( 15 ), as last amended by Regulation (EC) No 807/2003,

HAS DECIDED AS FOLLOWS:



Article 1

The interim responses on the import of the chemicals 2,4,5-T, chlorobenzilate, methyl parathion, monocrotophos and phosphamidon, as set out in the Annex to Decision 2000/657/EEC, are replaced by the import response forms set out in Annex I to this Decision.

Article 2

The final decision on the import of ethylene oxide and the interim response on the import of parathion, as set out in the Annex to Decision 2001/852/EC, are replaced by the import response forms set out in Annex II to this Decision.

Article 3

The final decision on the import of polybrominated biphenyls (PBBs), published in PIC Circular V, is replaced by the import response form set out in Annex III to this Decision.




ANNEX I

Revised import decisions for the chemical substances 2,4,5-T, chlorobenzilate, methyl parathion, monocrotophos and phosphamidon replacing the previous import decisions set out in Decision 2000/657/EC

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ANNEX II

Revised import decisions for the chemical substances ethylene oxide and parathion replacing the previous import decisions set out in Decision 2001/852/EC

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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 nameEthylene oxide1.2.CAS number75-21-81.3.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.YesX NoThe previous response was an interim response.X YesNoDate of issue of the previous response:24/7/2003SECTION 4. RESPONSE REGARDING FUTURE IMPORTFinal decision (Fill in section 5, page 2) ORX Interim response (Fill in section 6, pages 3 and 4)SECTION 5. FINAL DECISION, PURSUANT TO NATIONAL LEGISLATIVE OR ADMINISTRATIVE MEASURES5.1.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?YesNo5.2.Consent to import5.3.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?YesNo5.4.NATIONAL LEGISLATIVE OR ADMINISTRATIVE MEASURE UPON WHICH THE FINAL DECISION IS BASEDDescription of the national legislative or administrative measure:The complete name and address of the institution/authority responsible for issuing this national legislative or administrative measure:

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.X Consent to import only subject to specified conditionsThe specified conditions are:For plant protection productsIt is prohibited to use or place on the market all plant protection products containing ethylene oxide as an active ingredient according to 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 (OJ L 33, 8.2.1979, p. 36), as amended by Directive 86/355/EEC of 21 July 1986 (OJ L 212, 2.8.1986, p. 33).For biocidal productsMember states that consent to import: Germany, Ireland, Luxembourg and Sweden.Member states that consent to import (for import prior written authorisation is required): Austria, Belgium, Denmark, Finland, France, Greece (only for sterilisation of surgical tools in accordance with Council Directive 93/42/EEC), Italy, Lithuania, Netherlands, Poland, Portugal, Slovakia, Spain.Member States that do not consent to import: Cyprus, Czech Republic, Estonia, Hungary, Latvia, Malta, Slovenia, United Kingdom.Are the conditions for import of the chemical the same for all sources of import?X YesNoAre the conditions for domestic production of the chemical for domestic use the same as for all imports?X YesNo

6.4.INDICATION OF ACTIVE CONSIDERATION IN ORDER TO REACH A FINAL DECISIONIs a final decision under active consideration?X YesNoThe following administrative action is being undertaken during the period in which a final decision is being considered:Ethylene oxide was banned for use in plant protection products by Council Directive 79/117/EEC (OJ L 33, 8.2.1979, p. 36), as amended by Directive 86/355/EEC (OJ L 212, 2.8.1986, p. 33).However the chemical has been identified and notified under the Community review programme for evaluation of existing active substances under 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 (OJ L 123, 24.4.1998, p. 1). According to Article 16(1) of that Directive it can be used in biocidal products in accordance with Member States’ legislation pending a final Community decision.Approximate time needed before a final decision can be reached: by 2009, when Community evaluation for biocidal use will be completed.The complete name and address of the responsible institution/authority actively considering a final decision:European Community and its Member States (see address in section 8).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 INFORMATIONEthylene oxide 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 F+; R 12 (Extremely flammable) — Carc. Cat. 2; R 45 (Carcinogenic category 2; may cause cancer) — Muta. Cat. 2; R 46 (Mutagenic category 2; may cause heritable genetic damage) — T; R 23 (Toxic; toxic by inhalation) — Xi; R 36/37/38 (Irritant; Irritating to eyes, respiratory system and skin).SECTION 8. DESIGNATED NATIONAL AUTHORITYInstitutionEuropean Commission DG EnvironmentAddressRue de la Loi/Wetstraat 200B-1049 Brussels

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ANNEX III

Revised import decision for the chemical substance PBB (polybrominated biphenyls) replacing the previous 1995 import decision

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( 1 ) OJ L 63, 6.3.2003, p. 1.

( 2 ) OJ L 63, 6.3.2003, p. 27.

( 3 ) OJ L 230, 19.8.1991, p. 1.

( 4 ) OJ L 122, 16.5.2003, p. 1.

( 5 ) OJ L 275, 27.10.2000, p. 44.

( 6 ) OJ L 318, 4.12.2001, p. 28.

( 7 ) OJ L 319, 23.11.2002, p. 3.

( 8 ) OJ L 187, 10.7.2001, p. 47.

( 9 ) OJ L 67, 12.3.2003, p. 18.

( 10 ) OJ L 33, 8.2.1979, p. 36.

( 11 ) OJ L 122, 16.5.2003, p. 36.

( 12 ) OJ L 123, 24.4.1998, p. 1.

( 13 ) OJ L 262, 27.9.1976, p. 201.

( 14 ) OJ L 42, 15.2.2003, p. 45.

( 15 ) OJ 196, 16.8.1967, p. 1.

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