Proposal for a COUNCIL REGULATION (EEC) amending for the first time Annex I to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals
Date: 1993-03-26
Institutions: European Commission
Subjects: chemical product, dangerous substance, exchange of information, export, import, information system

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(93)120 final 

Brussels, 25 March 1993 

Proposal  for a 

COUNCIL REGULATION  (EEC! 

amending  for  the  first time Annex  I to Council  Regulation 
(EEC) No  2455/92 concerning  the  export  and  import 
of certain  dangerous  chemicals 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

1.  Introduction 

Council  Regulation  (EEC) No. 2455/92 concerning  exports and  imports 
of  certain  dangerous  chemicals  (1)  establishes  a  system  by  which 
third countries which  import  chemicals banned or severly  restricted 
in  the  Community  are  notified  of  the  potential  dangers  and  are 
informed  of  the  safety  precautions which  have  to be  taken,  and of 
the use restrictions of  these products  in the  Community. 

This  Regulation  also  implements  the  procedure  of  "Prior  Informed 
Consent"  (PIC)  set  up  by  the  UNEP  and  FAO.  This  means  that  EC 
exporters  have  to  comply  with  the  import  conditions  of  countries 
participating  in the PIC procedures. 

Regulation  (EEC)  No.  2455/92,  adopted  by  the  Council  on  23  July 
1992, entered  into force on 29 November  1992. 

Chemicals  banned  or  severely  restricted  in  the  Community,  and 
therefore  subject  to export  notification,  are  listed  in Annex  I of 
the Régulât ion. 

2.  Objectives of  the Commission  proposal 

Regulation  (EEC) No. 2455/92 stipulates  in Article  11  that  the  list 
of  the  chemicals  in Annex  I  is  to  be  amended  periodically  by  the 
Commission;  this amendment  requires  a Council  Decision,  taken  by a 
qualified majority, on a Commission  proposal. 

Amendments  to  the  technical  progress  of  the  Council  Directive 
79/117/EEC^2^  concerning  the prohibition  of  the marketing  and  the 
use of  plant  health  products  containing  certain  active  substances, 
and  of  the  Directive  76/769/EEC^3^  concerning  the  limitation  of 
the  marketing  and  the  use  of  certain  substances  and  dangerous 
preparations,  have  increased  the  number  of  the  substances  subject 
to  legislative  restrictions  in  the  Community.  Consultation  of  the 
Commission  services  concerned  indicates  that  15  substances  or 
groups of substances have  to be added  to Annex  I of  the Regulation. 
Moreover  the  "use  limitations" have  to be amended  for 6 substances. 

(1) OJ OF THE EUROPEAN COMMUNITIES L 25 1 OF  THE  29/08/92 
(2) OJ OF THE EUROPEAN COMMUNITIES  L3*  OF T«e  */02/7Q 
(3) OJ OF THE EUROPEAN COMMUNITIES L 262 OF THE  27/09/76 

The  Commission  proposes,  therefore,  that  Annex  I  of  Regulation 
2455/92  be  amended  to ensure  agreement  with  the  existing  Community 
legislation. 

This  proposal  involves  an  obligation  of  the  Commission  under  the 
terms of Article  11 of  the Regulation. Moreover,  the Regulation  (in 
Article  5)  designates  the  Commission  as  the  contact  point  between 
the Member  States and  the  international  "PIC" system  managed  by  the 
UNEP  and  FAO.  Any  decision  on  amendments  to  Annex  I  must, 
therefore,  be  taken  at  the  Community  level  and  cannot  be  referred 
to another  decision  level. 

This  proposal  does  not  have  additional  impact  on  the  small  and 
medium-sized  enterprises  because  it  refers  only  to  the  existing 
Community  legislation,  which  already  applies  to  the  companies 
established  in the Community. 

3.  Comments on  the text  of  the proposal  for  a Regulation 

The  proposal  for  a  Regulation  contains  an  annex  which  replaces  in 
its entirety  Annex  I of  Regulation  2455/92, after  adoption  by  the 
Council,  so  as  to  facilitate  access  to  the  information  by  the 
interested  parties. 15 substances or groups of  substances are  added 
to  the  list  in  Annex  I  of  Regulation  2455/92.  The  layout  and 
footnotes  of  Annex  I are  unchanged  and  are  shown  Just  as  they  are 
in the annex  of  the proposal  for  a Regulation. 

-3-

Proposal  for a 

COUNCIL REGULATION  (EEC) 

amending for the first  time Annex  I to Council  Regulation 
(EEC) No 2455/92 concerning the export  and  Import 
of certain dangerous chemicals 

The COUNCIL FOR THE EUROPEAN COMMUNITIES, 
Having  regard  to  the  Treaty  establishing  the  European  Economic 
Community, and  in particular  Article  130S thereof, 

Having  regard  to the proposal  from the Commission^), 

Having  regard  to the opinion of  the European Par I lament*2), 

Having regard  to the opinion of  the Economic and Social  Committee(3), 

Having  regard  to  Council  Regulation  (EEC)  No  2455/92  concerning  the 
export  and  Import  of  certain  dangerous  chemicals,  and  in  particular 
Article 11 and Annex  I thereof, 

Whereas  Annex  I  of  Council  Regulation  (EEC)  No  2455/92  lists  the 
chemicals  banned  or  severely  restricted  in  the  Community  and  whereas 
Article  11 of  the same  Regulation  requires  this  list  to be reviewed at 
regular  intervals and amended as necessary; 

Whereas  as  a  result  of  amendments  and  the  adaptation  to  technical 
progress of Council  Directive 79/117/EEC which prohibits the placing on 
the  market  and  use  of  plant  protection  products  containing  active 
substances,  the  list  of  chemicals  contained  in  Annex  I  of  Council 
Regulation  No  2455/92  must  be  amended  and  additional  chemicals  added 
thereto; 

Whereas  as  a  result  of  amendments  and  the  adaptation  to  technical 
progresss of Council Directive 76/769/EEC which  restricts the marketing 
and  use  of  certain  dangerous  substances  and  preparations,  the  list of 
chemicals contained  in Annex  I of Council  Regulation No 2455/92 must be 
amended and additional  chemicals added thereto; 

HAS ADOPTED THIS REGULATION: 

(1) OJ No C 
(2) OJ No C 
(3) OJ No C 

*f-

Article 1 

The  Annex  to  this  Regulation  replaces  Annex  I of  Council  Regulation 
(EEC) N- 2455/92. 

This  Regulation  shall  come  into  force  one  month  after  its  publication 
in the Official  Journal  of  the European  Communities. 

Article  2 

This  Regulation  shall  be  binding  In  its  entirety  and 
directly  appl(cable  in all  Member  States. 

Done at 

For  the Council 

The President 

-  s-

ANNEX 

CHEMICAL 

CAS No. 

EINECS No 

ihl 

USE 
CAT. 

(Cl 

USE 
LIMIT 
iÛL 

1. Mercuric oxide 

21908-53-2 

244-654-7 

10112-91-1 

233-307-5 

2. Mercurous chloride 

(calomel) 

3. Other inorganic 

mercury compounds 

4. Alkyl mercury compounds 

5. Alkoxyalkyl and aryl 
mercury compounds 

6. Aldrin 

7. Chlordane 

8. Dieldrin 

9. DDT 

10. Endrin 

11. HCH containing  less 

than 99.0% of the gamma 
isomer 

309-00-2 

206-215-8 

57-74-9 

200-349-0 

60-57-1 

200-484-5 

50-29-3 

200-024-3 

72-20-8 

200-775-7 

608-73-1 

210-168-9 

12. Heptachlor 

76-44-8 

200-962-3 

13. Hexachlorobenzene 

118-74-1 

204-273-9 

14. Camphechlor  (toxaphene) 

8001-35-2 

232-283-3 

P 

P 

P 

P 

P 

P 

P 

P 

P 

P 

P 

P 

P 

15. Polychlorinated 

biphenyls  (PCB), except 
mono- and dichlorinatec 
biphenyls 

1336-36-3 

215-648-1 

i 

16. Polychlorinated 

terphenyls  (PCT) 

61788-33-8 

262-968-2 

17. Preparations with a PCB 

or PCT content higher 
than 0.005% by weight 

18. Tris(2,3-dibromopropyl) 

126-72-7 

phosphate 

204-799-9 

19. Tris-aziridinyl-
phosphinoxide 

545-55-1 

208-892-5 

b 

b 

b 

b 

b 

b 

b 

b 

b 

b 

b 

b 

b 

b 

sr 

sr 

~  (o 

CHEMICAL 

CAS No. 

EINECS No. USE 
CAT 

USE 
LIMIT 

l 
i 
i 
i 
i 

P 

P 

P 

i 

i 

i 

i 

P 

P 

P 

P 

P 

sr 

b 
b 
b 
b 
b 

b 

b 

b 

sr 

b 

sr 

b 

b 

b 

b 

b 

b 

sr 

20. Polybrominated 

biphenyls  (PBB) 

21. Asbestos fibres: 

Crocidolite 
Amos i te 
Anthophyllite 
Actinolite 
Tremolite 

12001-28-4 
12172-73-5 
77536-67-5 
77536-66-4 
77536-68-6 

22. Nitrofen 

1836-75-5 

2 1 7 - 4 0 6 -0 

23. 1,2 Dibromoethane 

106-93-4 

2 0 3 - 4 4 4 -5 

24. 1,2  Dichloroethane 

107-06-2 

2 0 3 - 4 5 8 -1 

25. Pentachlorophenol and 

its salts and esters 

87-86-5 

2 0 1 - 7 7 8 -6 

26. Ugilec 121 

27. Ugilec 141 

76253-60-6 

278-404-3 

28. DBBT 

9 9 6 8 8 - 4 7 -8 

29. Ethylene oxide 

7 5 - 2 1 -8 

2 0 0 - 8 4 9 -9 

30. Dinoseb, its acetate 

and salts 

8 8 - 8 5 -7 

2 0 1 - 8 6 1 -7 

31. Binapacryl 

4 8 5 - 3 1 -4 

2 0 7 - 6 1 2 -9 

32. CaptOfol 

2 4 2 5 - 0 6 -1 

2 1 9 - 3 6 3 -3 

1 1 5 - 3 2 -2 

2 0 4 - 0 8 2 -0 

1 2 3 - 3 3 -1 

2 0 4 - 6 1 9 -9 

33. Dicofol containing 

<78% p,p'-dicofol 
or >lg/Kg of DDT and 
DDT related compounds 

34.  (a) Maleic hydrazide, 

and its salts, other 
than its choline, 
potassium and sodium 
salts; 
(b) Choline, potassium 
and sodium salts of 
maleic hydrazide 
containing more than 
1 mg/Kg of free 
hydrazine expressed on 
the basis of the acid 
equivalent 

- 1-

CHEMICAL 

CAS No. 

EINECS No. 

USE 
CAT. 

USE 
LIMIT. 

35. Quintozene containing 
more than lg/Kg of 
hexachlorobenzene or 
> 10g/Kg of penta-
chlorobenzene 

82-68-8 

201-435-0 

P 

b 

36. 2-NaphthyLamine 

91-59-8 

202-080-4 

i 

37. Benzidine 

92-87-5 

202-199-1 

i 

38. 4-Nitrobipheny1 

92-93-3 

202-204-7 

i 

39. 4-Aminobipheny1 

92-67-1 

202-177-1 

i 

sr 

sr 

sr 

sr 

(a) CAS = Chemical Abstracts  Service. 
(b) EINECS = European  Inventory of Existing Commercial  Chemical 

Substances. 

(c) Use category: 

p: plant protection product 
i: industrial chemical 

(d) Use limitation: 

sr: severe restriction 
b:  ban 

-g- 

KSN 0254-1475 

COM(93) 120 final 

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