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Document 02020D2182-20201222

    Consolidated text: Commission Implementing Decision (EU) 2020/2182 of 18 December 2020 laying down the final import response on behalf of the Union concerning the future import of certain chemicals pursuant to Regulation (EU) No 649/2012 of the European Parliament and of the Council and amending the Commission Implementing Decision of 15 May 2014 adopting Union import decisions for certain chemicals pursuant to that Regulation (notified under document C(2020) 8977)

    ELI: http://data.europa.eu/eli/dec_impl/2020/2182/2020-12-22

    02020D2182 — EN — 22.12.2020 — 000.002


    This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

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    COMMISSION IMPLEMENTING DECISION (EU) 2020/2182

    of 18 December 2020

    laying down the final import response on behalf of the Union concerning the future import of certain chemicals pursuant to Regulation (EU) No 649/2012 of the European Parliament and of the Council and amending the Commission Implementing Decision of 15 May 2014 adopting Union import decisions for certain chemicals pursuant to that Regulation

    (notified under document C(2020) 8977)

    (OJ L 433 22.12.2020, p. 55)

    Amended by:

     

     

    Official Journal

      No

    page

    date

    ►M1

    COMMISSION IMPLEMENTING DECISION  of 26 August 2021 2021/C 348 I/02

      C 348I

    3

    30.8.2021




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    COMMISSION IMPLEMENTING DECISION (EU) 2020/2182

    of 18 December 2020

    laying down the final import response on behalf of the Union concerning the future import of certain chemicals pursuant to Regulation (EU) No 649/2012 of the European Parliament and of the Council and amending the Commission Implementing Decision of 15 May 2014 adopting Union import decisions for certain chemicals pursuant to that Regulation

    (notified under document C(2020) 8977)



    Article 1

    The import responses for phorate and hexabromocyclododecane are set out in Annex I.

    Article 2

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    The Annex to Commission Implementing Decision of 15 May 2014 adopting Union import decisions for certain chemicals pursuant to Regulation (EU) No 649/2012 is replaced by Annex II to this Decision.

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    ANNEX I

    Import response for phorate

    image

    FORM FOR IMPORT RESPONSE



    Country:

    European Union

    Member States: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.

    United Kingdom - The United Kingdom withdrew from the European Union as of 1 February 2020. During the transition period, which ends on 31 December 2020, unless extended, Union law, with a few limited exceptions, continues to be applicable to and in the United Kingdom and any reference to Member States in Union law shall be understood as including the United Kingdom.

    SECTION 1    IDENTITY OF CHEMICAL



    1.1

    Common name

    Phorate

    1.2

    CAS number

    298-02-2

    1.3

    Category

    ☒  Pesticide

    □  Industrial

    □  Severely hazardous pesticide formulation

    SECTION 2    INDICATION REGARDING PREVIOUS RESPONSE, IF ANY



    2.1

    This is a first time import response for this chemical in the country.

    2.2

    This is a modification of a previous response.

    Date of issue of the previous response: …

    SECTION 3    RESPONSE REGARDING FUTURE IMPORT



    Final decision (Fill in section 4 below)

    OR

    Interim response (Fill in section 5 below)

    SECTION 4    FINAL DECISION, PURSUANT TO NATIONAL LEGISLATIVE OR ADMINISTRATIVE MEASURES



    4.1

    No consent to import

     

     

    Is the import of the chemical from all sources simultaneously prohibited?

    □☒

    Yes

    No

     

     

    Is domestic production of the chemical for domestic use simultaneously prohibited?

    □☒

    Yes

    No

    4.2

    Consent to import

    4.3

    Consent to import only subject to specified conditions

     

     

    The specified conditions are:

     

     

     

     

     

    Are the conditions for import of the chemical the same for all sources of import?

    □□  Yes

    □□  No

     

     

    Are the conditions for domestic production of the chemical for domestic use the same as for all imports?

    □□  Yes

    □□  No

    4.4

     

    National legislative or administrative measure upon which the final decision is based

     

     

    Description of the national legislative or administrative measure:

     

     

    In the Union, it is prohibited to place on the market or use plant protection products containing phorate, since that active substance has not been approved under Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

    Furthermore, it is prohibited to make available on the market or use biocidal products containing phorate, since that active substance has not been approved pursuant to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L167, 27.6.2012, p.1).

    SECTION 5    INTERIM RESPONSE



    5.1

    No consent to import

     

    Is the import of the chemical from all sources simultaneously prohibited?

    □□  Yes

    □□  No

     

    Is domestic production of the chemical for domestic use simultaneously prohibited?

    □□  Yes

    □□  No

    5.2

    Consent to import

    5.3

    Consent to import only subject to specified conditions

     

     

    The specified conditions are:

     

     

     

     

    Are the conditions for import of the chemical the same for all sources of import?

    □□  Yes

    □□  No

     

    Are the conditions for domestic production of the chemical for domestic use the same as for all imports?

    □□  Yes

    □□  No

    5.4

     

    Indication of active consideration in order to reach a final decision

     

    Is a final decision under active consideration?

    □□  Yes

    □□  No

    5.5

     

    Information or assistance requested in order to reach a final decision

     

    The 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:

     

     

    SECTION 6    RELEVANT ADDITIONAL INFORMATION, WHICH MAY INCLUDE:



    Is this chemical currently registered in the country?

    □  Yes

    ☒  No

    Is this chemical manufactured in the country?

    □  Yes

    ☒  No

    If yes to either one of these questions:

     

     

    Is this intended for domestic use?

    □  Yes

    □  No

    Is this intended for export?

    □  Yes

    □  No

    Other remarks

    In accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p.1), which implements the UN Globally Harmonised System of Classification and Labelling of Chemicals in the Union, phorate is classified as:

    Acute Toxicity 2* - H300 – Fatal if swallowed.

    Acute Toxicity 1 – H310 – Fatal in contact with skin.

    Aquatic Acute 1 – H 400 - Very toxic to aquatic life.

    Aquatic Chronic 1 - H410 - Very toxic to aquatic life with long lasting effects.

    (* = This classification is to be considered as a minimum classification)

    SECTION 7    DESIGNATED NATIONAL AUTHORITY



    Institution

    European Commission, DG Environment

    Address

    Rue de la Loi 200, B-1049 Brussels, Belgium

    Name of person in charge

    Dr. Juergen Helbig

    Position of person in charge

    International Chemicals Policy Coordinator

    Telephone

    32 2 298 85 21

    Telefax

    32 2 296 76 16

    E-mail address

    Juergen.Helbig@ec.europa.eu

    Date, signature of DNA and official seal: ___________________________________

    PLEASE RETURN THE COMPLETED FORM TO:



    Secretariat for the Rotterdam Convention

    Food and Agriculture Organization

    of the United Nations (FAO)

    Viale delle Terme di Caracalla

    I - 00100 Rome, Italy

    Tel: (+39 06) 5705 3441

    Fax: (+39 06) 5705 6347

    E-mail: pic@pic.int

    OR

    Secretariat for the Rotterdam Convention

    United Nations Environment

    Programme (UNEP)

    11-13, Chemin des Anémones

    CH - 1219 Châtelaine, Geneva, Switzerland

    Tel: (+41 22) 917 8177

    Fax: (+41 22) 917 8082

    E-mail: pic@pic.int

    Import response for hexabromocyclododecane

    image

    FORM FOR IMPORT RESPONSE



    Country:

    European Union

    Member States: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.

    United Kingdom - The United Kingdom withdrew from the European Union as of 1 February 2020. During the transition period, which ends on 31 December 2020, unless extended, Union law, with a few limited exceptions, continues to be applicable to and in the United Kingdom and any reference to Member States in Union law shall be understood as including the United Kingdom.

    SECTION 1    I DENTITY OF CHEMICAL



    1.1

    Common name

    Hexabromocyclododecane

    1.2

    CAS number

    134237-50-6, 134237-51-7, 134237-52-8, 25637-99-4, 3194-55-6

    1.3

    Category

    □  Pesticide

    ☒  Industrial

    □  Severely hazardous pesticide formulation

    SECTION 2    INDICATION REGARDING PREVIOUS RESPONSE, IF ANY



    2.1

    This is a first time import response for this chemical in the country.

    2.2

    This is a modification of a previous response.

    Date of issue of the previous response: …

    SECTION 3    RESPONSE REGARDING FUTURE IMPORT



    Final decision (Fill in section 4 below)

    OR

    Interim response (Fill in section 5 below)

    SECTION 4    FINAL DECISION, PURSUANT TO NATIONAL LEGISLATIVE OR ADMINISTRATIVE MEASURES



    4.1

    No consent to import

     

    Is the import of the chemical from all sources simultaneously prohibited?

    ☒  Yes

    □□  No

     

    Is domestic production of the chemical for domestic use simultaneously prohibited?

    ☒  Yes

    □□  No

    4.2

    Consent to import

    4.3

    Consent to import only subject to specified conditions

     

    The specified conditions are:

     

     

     

    Are the conditions for import of the chemical the same for all sources of import?

    □□  Yes

    □□  No

     

    Are the conditions for domestic production of the chemical for domestic use the same as for all imports?

    □□  Yes

    □□  No

    4.4

    National legislative or administrative measure upon which the final decision is based

     

    Description of the national legislative or administrative measure:

     

    In the Union, the manufacturing, placing on the market and use of hexabromocyclododecane are prohibited under Regulation (EU) 2019/1021 of the European Parliament and of the Council on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45).

    SECTION 5    INTERIM RESPONSE



    5.1

    No consent to import

     

    Is the import of the chemical from all sources simultaneously prohibited?

    □□  Yes

    □□  No

     

    Is domestic production of the chemical for domestic use simultaneously prohibited?

    □□  Yes

    □□  No

    5.2

    Consent to import

    5.3

    Consent to import only subject to specified conditions

     

    The specified conditions are:

     

     

     

    Are the conditions for import of the chemical the same for all sources of import?

    □□  Yes

    □□  No

     

    Are the conditions for domestic production of the chemical for domestic use the same as for all imports?

    □□  Yes

    □□  No

    5.4

    Indication of active consideration in order to reach a final decision

     

    Is a final decision under active consideration?

    □□  Yes

    □□  No

    5.5

    Information or assistance requested in order to reach a final decision

     

    The 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:

     

     

    SECTION 6    RELEVANT ADDITIONAL INFORMATION, WHICH MAY INCLUDE:



    Is this chemical currently registered in the country?

    □  Yes

    ☒  No

    Is this chemical manufactured in the country?

    □  Yes

    ☒  No

    If yes to either one of these questions:

     

     

    Is this intended for domestic use?

    □  Yes

    □  No

    Is this intended for export?

    □  Yes

    □  No

    Other remarks

    In accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p.1), which implements the UN Globally Harmonised System of Classification and Labelling of Chemicals in the Union, hexabromocyclododecane is classified as:

    Repro. 2 – H361 - Suspected of damaging fertility or the unborn child.

    Lact. – H362 - May cause harm to breast-fed children.

    SECTION 7    DESIGNATED NATIONAL AUTHORITY



    Institution

    European Commission, DG Environment

    Address

    Rue de la Loi 200, B-1049 Brussels, Belgium

    Name of person in charge

    Dr. Juergen Helbig

    Position of person in charge

    International Chemicals Policy Coordinator

    Telephone

    32 2 298 85 21

    Telefax

    32 2 296 76 16

    E-mail address

    Juergen.Helbig@ec.europa.eu

    Date, signature of DNA and official seal: ___________________________________

    PLEASE RETURN THE COMPLETED FORM TO:



    Secretariat for the Rotterdam Convention

    Food and Agriculture Organization

    of the United Nations (FAO)

    Viale delle Terme di Caracalla

    I - 00100 Rome, Italy

    Tel: (+39 06) 5705 3441

    Fax: (+39 06) 5705 6347

    E-mail: pic@pic.int

    OR

    Secretariat for the Rotterdam Convention

    United Nations Environment

    Programme (UNEP)

    11-13, Chemin des Anémones

    CH - 1219 Châtelaine, Geneva, Switzerland

    Tel: (+41 22) 917 8177

    Fax: (+41 22) 917 8082

    E-mail: pic@pic.int

    ▼M1




    ANNEX II

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