EN    EN  
 EUROPEAN COMMISSION 
Brussels, XXX 
[…](2011) XXX draft 
  
COMMISSION IMPLEMENTING DECISION 
of XXX 
extending the validity of Decision 2009/251/ EC requiring Member States to ensure that 
products containing the biocide dimethylfuma rate are not placed or made available on 
the market 
(Text with EEA relevance) 
EN   
EN 2   EN COMMISSION IMPLEMENTING DECISION 
of XXX 
extending the validity of Decision 2009/251/EC  requiring Member States to ensure that 
products containing the biocide dimethylfuma rate are not placed or made available on 
the market 
(Text with EEA relevance) 
EN 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2001/95/EC of the Eu ropean Parliament and of the Council of 3 
December 2001 on general product safety
1, and in particular Article 13 thereof, 
Whereas: (1) Commission Decision 2009/251/EC
2 requires Member States to ensure that products 
containing the biocide dimethylfumarate (DMF ) are not placed or made available on 
the market. 
(2) Decision 2009/251/EC was adopted in accordan ce with the provisions of Article 13 of 
Directive 2001/95/EC, which re stricts the validity of th e Decision to a period not 
exceeding 1 year, but allows it to be conf irmed for additional periods none of which 
shall exceed 1 year. 
(3) The validity of Decision 2009/251/EC wa s extended by Commission Decisions 
2010/153/EU3 and 2011/135/EU4 for additional periods of 1 year each. A permanent 
restriction on DMF in articles is currently  being considered to be incorporated in 
Regulation (EC) No 1907/2006 of  the European Parliament and of the Council5. As 
that measure will address the same con cerns as Decision 2009/251/EC, for legal 
certainty, Decision 2009/251/EC  should apply until the pe rmanent restriction under 
Regulation (EC) No 1907/ 2006 enters into force. 
                                                 
1 OJ L 11, 15.1.2002, p. 4. 
2 OJ L 74, 20.3.2009, p. 32. 
3 OJ L 63, 12.3.2010, p. 21. 
4 OJ L 57, 2.3.2011, p. 43. 
5 OJ L 396, 30.12.2006, p. 1.  
EN 3   EN (4) In the light of the experience acquired so far and the absence of a permanent measure 
addressing consumer products containing DMF, it is necessary to extend the validity 
of Decision 2009/251/EC for a further 12 months. 
(5) Decision 2009/251/EC should be amended accordingly. 
(6) The measures provided for in this Decisi on are in accordance with the opinion of 
the Committee established by Artic le 15 of Directive 2001/95/EC, 
HAS ADOPTED THIS DECISION:  
Article 1 
Article 4 of Decision 2009/251/EC is replaced by the following: 
‘Article 4  
Period of application 
This Decision shall apply until entry into fo rce of the Commission Regulation amending 
Annex XVII to Regulation (EC) No 1907/2006 concerning DMF or 15 March 2013, 
whichever is the earlier.’ 
Article 2 
Member States shall take the necessary measures to comply with this Decision by 15 March 
2012 at the latest and shall publish those measures. Th ey shall forthwith inform the 
Commission thereof. 
Article 3 
This Decision is addressed to the Member States. 
Done at Brussels,  
 For the Commission 
 John DALLI  
 Member of the Commission