(1)

Regulation (EU) No 649/2012 implements the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (2) (‘the Rotterdam Convention’).

(2)

The substance carbendazim is listed in Part 1 of Annex I to Regulation (EU) No 649/2012, based on a ban in the subcategory ‘pesticide in the group of plant protection products’. In addition, the active substance carbendazim has been withdrawn by industry from the approval process pursuant to Regulation (EU) No 528/2012 of the European Parliament and of the Council (3), which amounts to a ban in the subcategory ‘other pesticide including biocides’. Consequently, carbendazim is banned from all use in the category ‘pesticides’ and should be added to the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012. Due to the listing of the substance carbendazim in Part 2 it is necessary to update the entry on carbendazim in Part 1 to reflect that the substance is also listed in Part 2.

(3)

By Implementing Regulation (EU) 2024/2806 (4), the Commission decided not to renew the approval of the substance metribuzin as an active substance pursuant to Regulation (EC) No 1107/2009 of the European Parliament and of the Council (5). That decision had the effect of banning metribuzin from all use in the category ‘pesticides’, due to the fact that it has not been approved for any other use in that category. Therefore, metribuzin should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(4)

The active substances dodemorph, including dodemorph acetate, fenpyrazamine, flumetralin, metaflumizone, pyridalyl and tritosulfuron have been withdrawn by the relevant industry from the approval process pursuant to Regulation (EC) No 1107/2009. That withdrawal had the effect of banning those substances from use in the subcategory ‘pesticide in the group of plant protection products’, which amounts to a ban from all use in the category ‘pesticides’, due to the fact that those substances are not approved for any other use in that category. In addition, the harmonised classification of dodemorph, fenpyrazamine, flumetraline, metaflumizone, pyridalyl and tritosulfuron pursuant to Regulation (EC) No 1272/2008 of the European Parliament and of the Council (6) is sufficient evidence that the substances raise concerns for human health or the environment. Therefore, dodemorph, fenpyrazamine, flumetraline, metaflumizone, pyridalyl and tritosulfuron should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(5)

The active substance polyhexamethylene biguanide hydrochloride PHMB (1600; 1.8) has been withdrawn by the relevant industry from the approval process pursuant to Regulation (EU) No 528/2012 as regards the use in biocidal products of product-types 2, 3 and 11. In addition, the substance is not approved for use in product-types 1, 5, 6 and 9 and is only approved for use in biocidal products of product-type 4. This amounts to a severe restriction of the use of the substance in the subcategory ‘other pesticide including biocides’. Furthermore, the substance is not approved for use in the subcategory ‘pesticide in the group of plant protection products’. Consequently, polyhexamethylene biguanide hydrochloride PHMB (1600; 1.8) is severely restricted for use in the category ‘pesticides’ and should thus be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(6)

The substances DEHP, DBP, diarsenic trioxide, trichloroethylene, chromium trioxide, ‘acids generated from chromium trioxide and their oligomers: oligomers of chromic acid and dichromic acid, chromic acid, dichromic acid’, sodium dichromate, potassium dichromate, ammonium dichromate, potassium chromate, sodium chromate, arsenic acid, bis(2-methoxyethyl) ether, ‘2,2'-dichloro-4,4'-methylene dianiline; 4,4'-methylenebis[2-chloroaniline] (MOCA)’, dichromium tris(chromate), strontium chromate, potassium hydroxyoctaoxodizincatedichromate, pentazinc chromate octahydroxide, and ‘pitch, coal tar, high-temp’ are classified as carcinogenic category 1A or 1B, or mutagenic category 1A or 1B, or toxic for reproduction category 1A or 1B in accordance with Regulation (EC) No 1272/2008. Furthermore, they are included in Appendices 1 to 6 to Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council (7) and covered by entries 28, 29 or 30 of Annex XVII to that Regulation, which means that they are banned from placing on the market and use for supply to the general public. Consequently, the use of those substances is severely restricted in the subcategory ‘industrial chemical for use by the public’ and they should thus be added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012.

(7)

The substances ‘5-sec-butyl-2-(2,4-dimethylcyclohex-3-en-1-yl)-5-methyl-1,3-dioxane [1], 5-sec-butyl-2-(4,6-dimethylcyclohex-3-en-1-yl)-5-methyl-1,3-dioxane [2]’, UV-328, UV-327, UV-350, UV-320, ‘4,4'-bis(dimethylamino)-4"-(methylamino)trityl alcohol’, ‘reaction products of 1,3,4-thiadiazolidine-2,5-dithione, formaldehyde and 4-heptylphenol, branched and linear (RP-HP)’, and ‘reaction mass of 2-ethylhexyl 10-ethyl-4,4-dioctyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate and 2-ethylhexyl 10-ethyl-4-[[2-[(2-ethylhexyl)oxy]-2-oxoethyl]thio]-4-octyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate (reaction mass of DOTE and MOTE)’ are identified as substances of very high concern in accordance with Regulation (EC) No 1907/2006 and are listed in Annex XIV to that Regulation. Consequently, the use of those substances is subject to authorisation in accordance with Title VII of Regulation (EC) No 1907/2006. Since no authorisations have been granted, those substances are severely restricted for industrial use. Therefore, those substances should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(8)

Dechlorane Plus is listed in Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the Council (8). The inclusion in that Annex has the effect of severely restricting the use of Dechlorane Plus in the category ‘industrial chemical’. It should thus be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(9)

The substance abamectin is listed in Part 1 of Annex I to Regulation (EU) No 649/2012. In order to clarify the scope of the entry an additional numerical identifier should be added in that entry.

(10)

The substance terbufos is listed in Part 3 of Annex I to Regulation (EU) No 649/2012. In that entry the HS code for mixtures containing terbufos should be corrected.

(11)

At its twelfth meeting held from 28 April to 9 May 2025, the Conference of the Parties to the Rotterdam Convention decided to include the substances carbosulfan and fenthion (ultra-low-volume formulations at or above 640 g active ingredient/L) in Annex III to that Convention, with the effect that those chemicals became subject to the prior informed consent procedure under the Convention. Consequently, those substances should be added to the list of chemicals set out in Part 3 of Annex I to Regulation (EU) No 649/2012. Since carbosulfan is already listed in Part 2 of Annex I to that Regulation, that substance should be removed from the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012. Due to the removal of carbosulfan from Part 2 and its listing in Part 3 it is necessary to update the entry on carbosulfan in Part 1 to reflect these changes.

(12)

At its eleventh meeting held from 1 to 12 May 2023, the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants decided to include the substances Dechlorane Plus, methoxychlor and UV-328 in Annex A to that Convention. Consequently, those substances were listed in Part A of Annex I to Regulation (EU) 2019/1021 and should therefore be added to the list of chemicals set out in Part 1 of Annex V to Regulation (EU) No 649/2012.

(13)

Regulation (EU) No 649/2012 should therefore be amended and corrected accordingly.

(14)

It is appropriate to provide for a reasonable period of time for interested parties to take the measures necessary to comply with this Regulation and for Member States to take the measures necessary for its implementation, therefore the date of application should be deferred,

(1)

Annex I is amended in accordance with Annex I to this Regulation;

(2)

Annex V is amended in accordance with Annex II to this Regulation.