18.10.2018   

EN

Official Journal of the European Union

C 376/12


COMMISSION IMPLEMENTING DECISION

of 10 October 2018

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 Commission Implementing Decision C(2016) 747

(2018/C 376/06)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (1), and in particular the second subparagraph of Article 13(1) thereof,

After consulting the Committee established by Article 133 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (2),

Whereas:

(1)

The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (‘the Convention’) is implemented by Regulation (EU) No 649/2012. In accordance with that Regulation, the Commission is to provide the Secretariat of the Convention with final or interim import responses on behalf of the Union concerning the future import of all chemicals that are subject to the Prior Informed Consent procedure (the ‘PIC procedure’).

(2)

At its eighth meeting, held in Geneva from 24 April to 5 May 2017, the Conference of the Parties to the Convention agreed to list certain chemicals in Annex III to the Convention with the effect that they became subject to the PIC procedure. A decision guidance document for each chemical was sent to the Commission on 15 September 2017 with a request for a decision regarding future import of the chemical.

(3)

Carbofuran has been added to Annex III to the Convention as a pesticide. The placing on the market and use of carbofuran as a component of plant protection products are prohibited under Regulation (EC) No 1107/2009 of the European Parliament and of the Council (3). Furthermore, the placing on the market and use of carbofuran as a component of biocidal products are prohibited under Regulation (EU) No 528/2012 of the European Parliament and of the Council (4). Therefore, consent under the Rotterdam Convention should not be given to the future import of carbofuran to the Union.

(4)

Trichlorfon has been added to Annex III to the Convention as a pesticide. The placing on the market and use of trichlorfon as a component of plant protection products are prohibited under Regulation (EC) No 1107/2009. Furthermore, the placing on the market and use of trichlorfon as a component of biocidal products are prohibited under Regulation (EU) No 528/2012. Therefore, consent under the Convention should not be given to the future import of trichlorfon to the Union.

(5)

Short-chain chlorinated paraffins (SCCPs) have been added to Annex III to the Convention as industrial chemicals. The production, placing on the market and use of SCCPs are prohibited, subject to specific derogations, under Regulation (EC) No 850/2004 of the European Parliament and of the Council (5). Therefore, consent under the Convention should be given subject to specified conditions.

(6)

Tributyltin compounds have been added to Annex III to the Convention as industrial chemicals. The placing on the market and use of tributyltin compounds as industrial chemicals are allowed, subject to compliance with the conditions set out in Regulation (EC) No 1907/2006, in particular the restriction set out in Annex XVII to that Regulation on the manufacture, placing on the market and use of organostannic compounds. Therefore, consent under the Convention should be given subject to those conditions.

(7)

The placing on the market and use of ethylene oxide as a component in plant protection products are prohibited under Regulation (EC) No 1107/2009. The making available on the market and use of ethylene oxide as a component in biocidal products in accordance with Regulation (EU) No 528/2012 are only allowed with regard to certain products pursuant to Commission Delegated Regulation (EU) No 1062/2014 (6). According to Article 89(2) of Regulation (EU) No 528/2012 Member States can still decide whether and under which conditions such products are to be authorised in their territory.

(8)

After the adoption of the import response for ethylene oxide laid down in Annex II to Commission Implementing Decision C(2016) 747 (7) there have been some regulatory developments in the Member States with regard to the making available on the market and use of ethylene oxide. Therefore, Implementing Decision C(2016) 747 should be amended accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

The import responses for carbofuran, trichlorfon, short-chain chlorinated paraffins and tributyltin compounds are set out in Annex I.

Article 2

Annex II to Implementing Decision C(2016) 747 is replaced by Annex II to this Decision.

Done at Brussels, 10 October 2018.

For the Commission

Karmenu VELLA

Member of the Commission


(1)  OJ L 201, 27.7.2012, p. 60.

(2)  OJ L 396, 30.12.2006, p. 1.

(3)  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).

(4)  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 L 167, 27.6.2012, p. 1).

(5)  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 158, 30.4.2004, p. 7).

(6)  Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 294, 10.10.2014, p. 1).

(7)  Commission Implementing Decision C(2016) 747 of 11 February 2016 adopting Union import decisions for certain chemicals pursuant to Regulation (EU) No 649/2012 of the European Parliament and of the Council and amending Commission Decisions 2005/416/EC and 2009/966/EC (OJ C 61, 17.2.2016, p. 5).


ANNEX I

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ANNEX II

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