02020D2182 — EN — 22.12.2020 — 000.002

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►B 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:









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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

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

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

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ANNEX II