2001/852/EC: Commission Decision of 19 November 2001 on adopting Community import decisions pursuant to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals and amending Decision 2000/657/EC (Text with EEA relevance) (notified under document number C(2001) 3376)
Date: 2001-11-19
Institutions: European Commission
Subjects: chemical product, dangerous substance, import (EU), import licence, pesticide

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COMMISSION DECISION

of 19 November 2001

on adopting Community import decisions pursuant to Council Regulation (EEC) No 2455/92
concerning the export and import of certain dangerous chemicals and amending Decision
2000/657/EC

(notified under document number C(2001) 3376)

(Text with EEA relevance)

(2001/852/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2455/92 of 23
July 1992 concerning the export and import of certain
dangerous chemicals (1), as last amended by Commission Regu-
lation (EC) No 2247/98 (2), and in particular Article 5(2)
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Regulation (EEC) No 2455/92 provides
the
Commission is to decide for each chemical subject to the
Prior Informed Consent (PIC) procedure whether or not
the Community consents, possibly subject to specified
conditions, to its import.

that

The United Nations Environment Programme (UNEP)
and the Food and Agriculture Organisation (FAO) have
been appointed to provide secretariat services for the
operation of the interim PIC procedure established by
the Final Act of the Conference of Plenipotentiaries on
the Rotterdam Convention on the Prior
Informed
Consent (PIC) procedure for certain hazardous chemicals
and pesticides in international
trade, signed on 10
September 1998, in particular the Resolution on interim
arrangements thereof.

Two additional chemicals (ethylene dichloride and ethy-
lene oxide) have been added to the interim PIC proce-
for which the Commission has
dure, as pesticides,
received information from the interim Secretariat in the
form of Decision Guidance Documents.

acting

The Commission,
common designated
authority, is required to forward decisions on chemicals
to the Secretariat of the interim PIC procedure, on behalf
of the Community and its Member States.

as

The interim Secretariat has requested that the partici-
pants in the PIC procedure use the specific Form for
Importing Country Response to report on their import
decisions.

The Commission is required, whenever practicable, to
make use of existing Community procedures and to
ensure that the responses do not conflict with existing

(1) OJ L 251, 29.8.1992, p. 13.
(2) OJ L 282, 20.10.1998, p. 12.

(7)

(8)

(9)

Community legislation. However it also needs, where
appropriate, to take into consideration Member States'
bans or
severe restrictions pending a Community
decision.

The substances ethylene dichloride and ethylene oxide
are banned or severely restricted at Community level, in
particular by Council Directive 79/117/EEC of 21
December 1978 prohibiting the placing on the market
and use of plant protection products containing certain
active substances (3), as last amended by the Act of
Accession of Austria, Finland and Sweden. Accordingly,
a final decision on import should be taken for these
substances.

The substances lindane and parathion (ethyl parathion)
are subject to Community legislation, and in particular
to Council Directive 91/414/EEC of 15 July 1991
concerning the placing of plant protection products on
the market (4), as last amended by Commission Directive
2001/49/EC (5), and to Directive 98/8/EC of the Euro-
pean Parliament and of the Council of 16 February 1998
concerning the placing of biocidal products on the
market (6), both providing for a transitional period
during which the Member States are allowed to take
national decisions on substances and products falling
within their scopes, pending a Community decision.

2000/801/EC of

By Commission Decisions
20
December 2000 concerning the non-inclusion of lindane
in Annex I to Council Directive 91/414/EEC and the
withdrawal of authorisations for plant protection prod-
ucts containing this active substance (7) and 2001/
520/EC of 9 July 2001 concerning the non-inclusion of
parathion in Annex I to Council Directive 91/414/EEC
and the withdrawal of authorisations for plant protec-
tion products containing this active substance (8), these
substances have now been excluded from Annex I to
Directive 91/414/EC and authorisations for plant protec-
tion products containing these substances have thus
been withdrawn. However, they are also included in the
Community programme
existing
for
substances under Directive 98/8/EC and the approximate
time before a final decision can be reached is 2008,
when evaluation for biocidal use will be completed.

evaluation of

(3) OJ L 33, 8.2.1979, p. 36.
(4) OJ L 230, 19.8.1991, p. 1.
(5) OJ L 176, 29.6.2001, p. 61.
(6) OJ L 123, 24.4.1998, p. 1.
(7) OJ L 324, 21.12.2000, p. 42.
(8) OJ L 187, 10.7.2001, p. 47.

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(10)

The import decisions for the pesticide formulations
lindane and parathion (ethyl parathion) in Commission
Decision 2000/657/EC (1), which were submitted as
interim decisions pending a Community decision, should
therefore be amended accordingly.

(11)

The measures provided for in this Decision are in
accordance with the opinion of the Committee set up by
Article 29 of Council Directive 67/548/EEC (2),

HAS DECIDED AS FOLLOWS:

Article 1

The final decisions on the import of the chemical substances
ethylene dichloride and ethylene oxide as set out on the
Importing Country Response Forms in Annex I are adopted.

Article 2

The Annex to Decision 2000/657/EC is amended in accord-
ance with Annex II to this Decision.

Done at Brussels, 19 November 2001.

For the Commission

Margot WALLSTRÖM

Member of the Commission

(1) OJ L 257, 27.10.2000, p. 44.
(2) OJ 196, 16.8.1967, p. 1.

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Final import decisions for the chemical substances ethylene dichloride and ethylene oxide

ANNEX I

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ANNEX II

Revised interim import decisions for the chemical substances lindane and parathion (ethyl parathion) replacing
the previous interim import decisions set out in Commission Decision 2000/657/EEC

In the Annex to Decision 2000/657/EC, the interim decisions on the import of the chemical substances lindane and
parathion (ethyl parathion) are replaced by the revised interim decisions set out on the following Importing Country
Response Forms.

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