# Commission Delegated Regulation (EU) No 1078/2014Show full title

Commission Delegated Regulation (EU) No 1078/2014 of 7 August 2014 amending Annex I to Regulation (EU) No 649/2012 of the            European Parliament and of the Council concerning the export and import of hazardous chemicals (Text with EEA relevance)         

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U.K.

# Commission Delegated Regulation (EU) No 1078/2014                     

# of 7 August 2014

# amending Annex I to Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import                        of hazardous chemicals                     

# (Text with EEA relevance)

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 Article 23(4) thereof,                        

Whereas:

(1)Regulation (EU) No 649/2012 implements the Rotterdam Convention on the Prior Informed Consent Procedure (PIC procedure) for                              certain hazardous chemicals and pesticides in international trade, signed on 11 September 1998 and approved, on behalf of                              the Community, by Council Decision 2003/106/EC(2).

(2)It is appropriate that regulatory action in respect of certain chemicals taken pursuant to Regulation (EC) No 1907/2006 of                              the European Parliament and of the Council(3), Regulation (EC) No 1107/2009 of the European Parliament and of the Council(4), and Regulation (EU) No 528/2012 of the European Parliament and of the Council(5) be taken into account.

(3)The approval of the substance bitertanol has been withdrawn in accordance with Regulation (EC) No 1107/2009, with the effect                              that bitertanol is banned for use as pesticide and thus should be added to the lists of chemicals contained in Parts 1 and                              2 of Annex I to Regulation (EU) No 649/2012.

(4)The substances cyhexatin and azocyclotin have not been approved as active substances in accordance with Regulation (EC) No                              1107/2009, with the effect that those substances are banned for pesticide use and thus should be added to the lists of chemicals                              contained in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(5)The substances cinidon-ethyl, cyclanilide, ethoxysulfuron and oxadiargyl are no longer approved as active substances in accordance                              with Regulation (EC) No 1107/2009, with the effect that those substances are banned for pesticide use and thus should be added                              to the lists of chemicals contained in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(6)The substance rotenone has not been approved as an active substance in accordance with Regulation (EC) No 1107/2009, with                              the effect that rotenone is severely restricted for pesticide use because virtually all use is prohibited despite the fact                              that rotenone has been identified and notified for evaluation under Regulation (EU) No 528/2012 for product type 17 and may                              thus continue to be authorised by Member States until a decision under that Regulation is taken. Therefore, rotenone should                              be added to the lists of chemicals contained in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(7)The approval of the substance didecyldimethylammonium chloride has been withdrawn in accordance with Regulation (EC) No 1107/2009,                              with the effect that didecyldimethylammonium chloride is banned for use as pesticide in the group of plant protection products                              and thus should be added to the list of chemicals contained in Part 1 of Annex I to Regulation (EU) No 649/2012.

(8)The substances warfarin and cyfluthrin are no longer approved as active substances in accordance with Regulation (EC) No 1107/2009,                              with the effect that those substances are banned for use as pesticide in the group of plant protection products and thus should                              be added to the list of chemicals contained in Part 1 of Annex I to Regulation (EU) No 649/2012.

(9)At its sixth meeting held from 28 April to 10 May 2013, the Conference of the Parties to the Rotterdam Convention decided                              to include azinphos-methyl, perfluorooctane sulfonic acid, perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane                              sulfonyls in Annex III to that Convention, with the effect that those chemicals became subject to the PIC procedure under                              that Convention. Those chemicals should thus be removed from the list of chemicals contained in Part 2 of Annex I to Regulation                              (EU) No 649/2012 and added to the list of chemicals contained in Part 3 of that Annex.

(10)The Conference of the Parties to the Rotterdam Convention also decided to include commercial pentabromodiphenyl ether, including                              tetra- and pentabromodiphenyl ether, as well as commercial octabromodiphenyl ether, including hexa- and heptabromodiphenyl                              ether, in Annex III to that Convention, with the effect that those chemicals became subject to the PIC procedure under that                              Convention. Since tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether and heptabromodiphenyl ether                              are already listed in Annex V to Regulation (EU) No 649/2012 and are therefore subject to an export ban, those chemicals are                              not added to the list of chemicals contained in Part 3 of Annex I to Regulation (EU) No 649/2012.

(11)The entry for chlorate in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012 should be amended in order to provide more                              clarity as to the substances covered by that entry.

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

(13)In order to allow enough time for all interested parties to take the measures necessary to comply with this Regulation and                              for Member States to take the measures necessary for its implementation, its application should be deferred,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

Annex I to Regulation (EU) No 649/2012 is amended in accordance with the Annex to this Regulation.

# Article 2U.K.

This Regulation shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.                  

It shall apply from 1 December 2014.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 August 2014.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEXU.K.

Annex I to Regulation (EU) No 649/2012 is amended as follows:

Part 1 is amended as follows:

the entries for azinphos-methyl and perfluorooctane sulfonates are replaced by the following:

the entry for chlorate is replaced by the following:

the following entries are added:

Part 2 is amended as follows:

the entry for perfluorooctane sulfonates is replaced by the following:

the entry for chlorate is replaced by the following:

the entry for azinphos-methyl is deleted;

the following entries are added:

In Part 3, the following entries are added:

1

OJ L 201, 27.7.2012, p. 60.                           

2

Council Decision 2003/106/EC of 19 December 2002 concerning the approval, on behalf of the European Community, of the Rotterdam                              Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (OJ L 63, 6.3.2003, p. 27).                           

3

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 (OJ L 396, 30.12.2006, p. 1).                           

4

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).                           

5

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).