2004/382/EC:Commission Decision of 26 April 2004 adopting Community import decisions for certain chemicals pursuant to Regulation (EC) No 304/2003 of the European Parliament and of the Council (Text with EEA relevance)
Date: 2004-04-26
Institutions: European Commission
Subjects: chemical product, import (EU), import licence, pesticide

30.4.2004

EN 

Official Journal of the European Union

L 144/11 

COMMISSION DECISION 

of 26 April 2004 

adopting Community import decisions for certain chemicals pursuant to Regulation 
(EC) No 304/2003 of the European Parliament and of the Council 

(Text with EEA relevance) 

(2004/382/EC) 

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Regulation  (EC)  No  304/2003  of  the  European  Parliament  and  of  the 
Council of 28 January 2003 concerning the export and import of dangerous chemicals 1, and 
in particular Article 12(1) thereof, 

Whereas: 

(1)

(2)

Pursuant  to  Regulation  (EC)  No 304/2003  the  Commission  is  to  decide  on behalf  of 
the  Community,  whether  or  not  to  permit  the  import  into  the  Community  of  each 
chemical subject to the prior informed consent (PIC) procedure. 

The  United  Nations  Environment  Programme  (UNEP)  and  the  Food  and  Agriculture 
Organization  (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 11 September 1998, and approved by the Community by 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    2,  in 
particular the Resolution on interim arrangements laid down in the Final Act. 

(3)

The  Commission,  acting  as  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. 

1

2

OJ L 63, 6.3.2003, p. 1. 
OJ L 63, 6.3.2003, p. 27. 

L 144/12

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Official Journal of the European Union

30.4.2004 

(4)

(5)

(6)

(7)

The interim Secretariat has requested that the participants in the PIC procedure use the 
special Importing Country Response form when reporting their import decisions. 

The  chemicals  actinolite,  amosite,  anthophyllite  and  tremolite,  which  are  all 
amphibole forms of asbestos fibres, have also been added to the interim PIC procedure 
and the Commission has received information from the interim secretariat in the form 
of  a  decision  guidance  document  (which also  covers crocidolite  asbestos, which  was 
already included  in  the  interim PIC procedure and was subject to a final Community 
import  decision  that  was  reported  in  PIC  circular  IV  reflecting  the  position  as  at  31 
December  1994).  All  these  chemicals  have  been  progressively  banned  or  severely 
restricted at Community level by means of a series of regulatory actions, the latest of 
which  is  Commission  Directive  1999/77/EC  of  26  July  1999  3  adapting  to  technical 
progress  for  the  sixth  time  Council  directive  76/769/EEC  of  27  July  1976  on  the 
approximation  of  the  laws,  regulations  and  administrative  provisions  of  the  Member 
States relating to restrictions on the marketing and use of certain dangerous substances 
and preparations  4. Accordingly a final import decision should be taken for actinolite, 
amosite,  anthophyllite  and  tremolite  and  a  revised  and  updated  final  decision  should 
be taken in respect of crocidolite. 

The chemical DNOC has been added to the interim PIC procedure, as a pesticide, for 
which  the  Commission  has  received  information  from  the  interim  Secretariat  in  the 
form  of  a  decision  guidance  document.  DNOC  falls  within  the  scope  of  Council 
Directive  91/414/EEC  of  15  July  1991  concerning  the  placing  of  plant  protection 
products  on  the  market  5,  as  last  amended  by  Regulation  (EC)  No  806/2003  6.  By 
Commission Decision 1999/164/EC of 17 February 1999 concerning the non-inclusion 
of  DNOC  of  active  substance  in  Annex  I  to  Council  Directive  91/414/EEC  and  the 
withdrawal  of  authorisations  for  plant  protection  products  containing  this  active 
substance  7,  DNOC  was  excluded  from  Annex  I  to  Directive  91/414/EEC  and 
authorisations for plant protection products containing it were to be withdrawn by 16 
August 1999. Accordingly a final import decision should be taken. 

Certain pesticide formulations, in the form of dustable powder formulations containing 
a combination of benomyl at or above 7 %, carbofuran at or above 10 % and thiram at 
or above 15 %, have also been added to the interim PIC procedure. The Commission 
has  received  information  from  the  interim  secretariat  in  the  form  of  a  decision 
guidance  document.  The  chemicals  benomyl,  carbofuran  and  thiram  fall  within  the 
scope  of  Directive  91/414/EEC.  By  Commission  Decision  2002/928/EC  of  26 
November  2002  concerning  the  non-inclusion  of  benomyl  in  Annex  I  to  Council 
Directive  91/414/EEC  and  the  withdrawal  of  authorisations  for  plant  protection 
products containing this active substance 8, benomyl has been excluded from Annex I 
to Directive 91/414/EEC and authorisations for plant protection products containing it 
had to  be  withdrawn by 25 May 2003. Carbofuran is currently subject to an ongoing 
assessment  within  the  framework  of  Directive  91/414/EEC.  That  Directive  provides 
for  a  transitional  period  during  which  Member  States  are  allowed  to  take  national 

3

4

5

6

7

8

OJ L 262, 27.9.1976, 201. 
OJ L 207, 6.8.1999, p. 18. 
OJ L 230, 19.8.1991, p. 1. 
OJ L 122, 16.5.2003, p. 1. 
OJ L 54, 2.3.1999, p. 21. 
OJ L 322, 27.11.2002, p. 53. 

30.4.2004

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Official Journal of the European Union

L 144/13 

decisions  on  substances  and  products  falling  with  its  scope  pending  a  Community 
decision.  By  Commission  Directive  2003/81/EC  of  5  September  2003  amending 
Directive  91/414/EEC  to  include  molinate,  thiram  and  ziram  as  active  substances  9, 
thiram has been included in Annex I to Directive 91/414/EEC and is authorised for use 
in  plant  protection  products  subject  to  certain  conditions.  Thiram  has  also  been 
notified under Directive 98/8/EC of the European Parliament and of the Council of 16 
February  1998  concerning  the  placing  of  biocidal  products  on  the  market  10,  which 
provides  for  a  transitional  period  during  which  Member  States  may,  pending  a 
Community  decision,  take  a  decision  on  substances  and  products  falling  within  its 
scope. Consequently, an interim import decision should be taken for dustable powder 
formulations containing a combination of benomyl, carbofuran and thiram at or above 
the specified concentrations. 

(8)

The measures provided for in this Decision are in accordance with the opinion of the 
Committee  set  up  pursuant  to  Article  29 of Council Directive 67/548/EEC  11, as last 
amended by Commission Directive 2001/59/EC 12, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  final  decision  on  the  import  of  the  chemicals  actinolite,  amosite,  anthophyllite, 
crocidolite  and  tremolite,  as  set  out  in  the  import  response  form  contained  in  Annex  I,  is 
adopted. 

The  final  decision  on  the  import  of  the  chemical  DNOC,  as  set  out  in  the  import  response 
form contained in Annex II, is adopted. 

Article 2 

Article 3 

The  interim  decision  on  the  import  of  dustable  powder  pesticide  formulations  containing  a 
combination of benomyl at or above 7 %, carbofuran at or above 10 % and thiram at or above 
15 %, as set out in the import response form in Annex III, is also adopted. 

Done at Brussels, 26 April 2004. 

For the Commission 
Margot WALLSTRÖM 
Member of the Commission 

9

10

11

12

OJ L 224, 6.9.2003, p. 29. 
OJ L 123, 24.4.1998, p. 1. 
OJ 196, 16.8.1967, p. 1. 
OJ L 225, 21.8.2001, p. 1. 

L 144/14

EN 

Official Journal of the European Union

30.4.2004 

ANNEX I 

Final import decision for the chemicals actinolite, amosite, anthophyllite  and 
tremolite, together with an updated final import decision for crocidolite 
replacing a previous 1994 import decision

30.4.2004

EN 

Official Journal of the European Union

L 144/15 

Interim Secretariat for the Rotterdam Convention on the Prior Informed 
Consent Procedure for Certain Hazardous Chemicals and Pesticides in 
International Trade 

FORM  
FOR IMPORTING COUNTRY RESPONSE 

IMPORTANT: See instructions before filling in the form 

COUNTRY: European Community  
(Member  States:  Austria,  Belgium,  Denmark,  Finland,  France,  Germany,  Greece,  Ireland,  Italy, 
Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom)  

SECTION 1. IDENTITY OF CHEMICAL 

1.1  Common name 

Asbestos in the following forms: 

Actinolite, Anthophyllite, Amosite, Crocidolite and Tremolite 

1.2  CAS numbers 

Actinolite           77536-66-4 
Anthophyllite     77536-67-5 
Amosite              12172-73-5  
Crocidolite         12001-28-4 
Tremolite           77536-68-6 

1.3  Type of formulation 
and content of active 
ingredient 

SECTION 2. THE IMPORT RESPONSE PROVIDED IN THIS FORM APPLIES TO THE   
                       FOLLOWING CATEGORY OR CATEGORIES 

   Pesticide 

X    Industrial 

   Severely hazardous pesticide formulation 

SECTION 3. INDICATION REGARDING PREVIOUS RESPONSE, IF ANY 

3.1

 X   This is a first time import response for this chemical in the country.* 

* except for crocidolite, for which a final 1994 decision is updated. 

3.2 

  This is a modification of a previous response. 

L 144/16

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Official Journal of the European Union

30.4.2004 

The previous response was a final decision. 

The previous response was an interim response. 

 Yes 

  No 

 Yes        

 No 

Date of issue of the previous response: 
_________________________________________________ 

SECTION 4. RESPONSE REGARDING FUTURE IMPORT 

X Final decision (Fill in section 5, page 2)         OR  
4)

  Interim response (Fill in section 6, page 3-

SECTION 5. FINAL DECISION, PURSUANT TO NATIONAL LEGISLATIVE OR ADMINISTRATIVE 
MEASURES 

5.1 

X  No consent to import
Is the import of the chemical from all sources simultaneously prohibited? 

Is domestic production of the chemical for domestic use simultaneously 
prohibited? 

X Yes       

 No 

X  Yes       

 No 

5.2 
5.3 

Consent to import
Consent to import only subject to specified conditions

Are the conditions for import of the chemical the same for all sources of 
import? 

Are the conditions for domestic production of the chemical for domestic 
use the  
same as for all imports? 

 Yes       

 No 

 Yes       

 No 

5.4 

NATIONAL  LEGISLATIVE  OR  ADMINISTRATIVE  MEASURE  UPON  WHICH  THE  FINAL 
DECISION IS BASED 

Description of the national legislative or administrative measure: 
It is prohibited to place on the market and use all forms of asbestos fibres and products containing 
them. The chemicals were banned by a series of regulatory actions dating from 1983, the latest of 
which is Commission Directive 1999/77/EC (Official Journal of the European Communities(OJ) 
L207 of 6 August 1999, p. 18) adapting to technical progress for the sixth time Annex I to 
Council Directive 76/769/EEC relating to the approximation of the laws, regulations and 
administrative provisions of the Member States relating to restrictions on the marketing and use 
of certain dangerous substances and preparations.  

The complete name and address of the institution/authority responsible for issuing this national 
legislative or administrative measure:  
European Community and its Member States (see address in section 8). 

5.5  Remarks  See under point 5.3 and 5.4 

Has there ever been a request of registration of this chemical in the 
country? 
Is this chemical currently registered in the country? 

 Yes       

 No 

 Yes        

 No 

30.4.2004

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Official Journal of the European Union

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Is this chemical manufactured in the country? 
Is this chemical formulated in the country? 
If yes to either one of these 
last two questions: 

Is this intended for domestic use? 
Is this intended for export? 

 Yes        
 Yes        
 Yes        
 Yes        

 No 
 No 
 No 
 No 

Other remarks 

SECTION 6. INTERIM RESPONSE 

6.1 

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 

6.2 
6.3 

Consent to import
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? 

Are the conditions for domestic production of the chemical for domestic 
use the same as for all imports? 

  Yes       

 No 

  Yes       

 No 

6.4 

INDICATION OF ACTIVE CONSIDERATION IN ORDER TO REACH A FINAL DECISION 

1.1. 

Is a final decision under active consideration? 

 Yes       

 No  

Approximate time needed before a final decision can be reached:  

The complete name and address of the responsible institution/authority actively considering a 
final  
decision:   

6.5 

INFORMATION OR ASSISTANCE REQUESTED IN ORDER TO REACH A FINAL DECISION 

L 144/18

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Official Journal of the European Union

30.4.2004 

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:   

6.6 

Remarks  

Has there ever been a request of registration of this chemical in the 
country? 
Is this chemical currently registered in the country? 
Is this chemical manufactured in the country? 
Is this chemical formulated in the country? 
If yes to either one 
of these last two 
questions: 
Other remarks 

Is this intended for domestic use? 
Is this intended for export? 

 Yes        

 No 

 Yes        
 Yes        
 Yes        
 Yes        
 Yes        

 No 
 No 
 No 
 No 
 No 

SECTION 7. RELEVANT ADDITIONAL INFORMATION 

All  forms  of  asbestos  are  classified  under  Council  Directive  67/548/EEC  of  27  June  1967  on  the 
approximation of laws, regulations and administrative provisions relating to the classification, packaging 
and  labelling  of  dangerous  substances  (OJ  L  196,  16.8.1967,  p.1)  as:  Carc.  Cat.1;  R45  (Carcinogenic 
category  1;  may  cause  cancer)  –  T;  R  48/23  (Toxic;  danger  of  serious  damage  to  health  by  prolonged 
exposure through inhalation). 

SECTION 8. DESIGNATED NATIONAL AUTHORITY 

Institution 

European Commission  
DG Environment  

30.4.2004

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Official Journal of the European Union

L 144/19 

Address 

Rue de la Loi 200  
B-1049 Brussels  
Belgium 

L 144/20

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Official Journal of the European Union

30.4.2004 

ANNEX II 

Final import decision for the chemical  DNOC 

30.4.2004

EN 

Official Journal of the European Union

L 144/21 

Interim Secretariat for the Rotterdam Convention on the Prior Informed 
Consent Procedure for Certain Hazardous Chemicals and Pesticides in 
International Trade 

FORM  
FOR IMPORTING COUNTRY RESPONSE 

IMPORTANT: See instructions before filling in the form 

COUNTRY: European Community 
(Member States: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, 
Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom) 

SECTION 1. IDENTITY OF CHEMICAL 

1.1  Common name 

DNOC and its salts ( such as ammonium salt, potassium salt and sodium 
salt) 

1.2  CAS number 

DNOC 534-52-1 
Ammonium salt 2980-64-5 
Potassium salt 5787-96-2 
Sodium salt 2312-76-7 

1.3  Type of formulation 
and content of active 
ingredient 

SECTION 2. THE IMPORT RESPONSE PROVIDED IN THIS FORM APPLIES TO THE   
                       FOLLOWING CATEGORY OR CATEGORIES 

X   Pesticide 

   Industrial 

   Severely hazardous pesticide formulation 

SECTION 3. INDICATION REGARDING PREVIOUS RESPONSE, IF ANY 

3.1

3.2 

X This is a first time import response for this chemical in the country. 

 This is a modification of a previous response. 

The previous response was a final decision. 

Yes        

 No 

L 144/22

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Official Journal of the European Union

30.4.2004 

The previous response was an interim response. 

 Yes   

 No 

Date of issue of the previous response: 
_________________________________________________ 

SECTION 4. RESPONSE REGARDING FUTURE IMPORT 

X   Final decision (Fill in section 5, page 2)         OR 

Interim response (Fill in section 6, page 3-

4)

SECTION 5. FINAL DECISION, PURSUANT TO NATIONAL LEGISLATIVE OR ADMINISTRATIVE 
MEASURES 

5.1 

X    No consent to import
Is the import of the chemical from all sources simultaneously prohibited? 

Is domestic production of the chemical for domestic use simultaneously 
prohibited? 

X  Yes       

 No 

X  Yes       

 No 

5.2 
5.3 

Consent to import
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? 

Are the conditions for domestic production of the chemical for domestic 
use the  
same as for all imports? 

 Yes       

 No 

 Yes       

 No 

5.4 

NATIONAL  LEGISLATIVE  OR  ADMINISTRATIVE  MEASURE  UPON  WHICH  THE  FINAL 
DECISION IS BASED 

Description of the national legislative or administrative measure:  

It is prohibited to use or place on the market all plant protection products containing DNOC. 
DNOC was excluded from Annex I to Council Directive 91/414/EEC and thus authorisations for 
plant-protection products containing this active substance have been withdrawn. (Commission 
Decision 1999/164/EC of 17 February 1999, OJ L54, 2.3.1999, p.21).  

The complete name and address of the institution/authority responsible for issuing this national 
legislative or administrative measure: European Community and its Member States (see address 
in section 8). 

30.4.2004

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Official Journal of the European Union

L 144/23 

5.5  Remarks

Has there ever been a request of registration of this chemical in the 
country? 
Is this chemical currently registered in the country? 
Is this chemical manufactured in the country? 
Is this chemical formulated in the country? 
If yes to either one of these 
last two questions: 

Is this intended for domestic use? 
Is this intended for export? 

Other remarks 

 Yes       

 No 

 Yes        
 Yes        
 Yes        
 Yes        
 Yes        

 No 
 No 
 No 
 No 
 No 

SECTION 6. INTERIM RESPONSE 

6.1 

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 

6.2 
6.3 

Consent to import
Consent to import only subject to specified conditions 

Are the conditions for import of the chemical the same for all sources of 
import? 

Are the conditions for domestic production of the chemical for domestic 
use the same as for all imports? 

 Yes       

 No 

 Yes       

 No 

6.4 

INDICATION OF ACTIVE CONSIDERATION IN ORDER TO REACH A FINAL DECISION 

Is a final decision under active consideration? 

  Yes       

 No  

The complete name and address of the responsible institution/authority actively considering a 
final  
decision: 

6.5 

INFORMATION OR ASSISTANCE REQUESTED IN ORDER TO REACH A FINAL DECISION 

L 144/24

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Official Journal of the European Union

30.4.2004 

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:   

6.6 

Remarks

Has there ever been a request of registration of this chemical in the 
country? 
Is this chemical currently registered in the country? 
Is this chemical manufactured in the country? 
Is this chemical formulated in the country? 
If yes to either one 
of these last two 
questions: 
Other remarks 

Is this intended for domestic use? 
Is this intended for export? 

 Yes        

 No 

 Yes        
 Yes        
 Yes        
 Yes        
 Yes        

 No 
 No 
 No 
 No 
 No 

SECTION 7. RELEVANT ADDITIONAL INFORMATION 

DNOC is classified under Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, 
regulations and administrative provisions relating to the classification, packaging and labelling of 
dangerous substances (OJ L 196, 16.8.1967, p.1) as Muta. Cat.3; R68 (Mutagenic category 3; possible 
risks of irreversible effects) – T+; R26/27/28 (Very toxic; very toxic by inhalation, contact with skin and 
if swallowed) – Xi; R38, R41(Irritant;  irritating to skin; risk of serious damage to eyes) – R43(may 
cause sensitisation by skin contact) – R44 (risk of explosion if heated under confinement) – N; R50/53 
(Dangerous to the environment; very toxic to aquatic organisms, may cause long-term effects in the 
aquatic environment). 

SECTION 8. DESIGNATED NATIONAL AUTHORITY 

30.4.2004

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Official Journal of the European Union

L 144/25 

Institution 

European Commission 
Directorate-General for the Environment 

Address 

Rue de la Loi 
Wetstraat 200,  
B-1049 Brussels 

L 144/26

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Official Journal of the European Union

30.4.2004 

ANNEX III 

Interim import decision for dustable powder pesticide formulations containing a 
combination of benomyl at or above 7 %, carbofuran at or above 10 % and 
thiram at or above 15 % 

30.4.2004

EN 

Official Journal of the European Union

L 144/27 

Interim Secretariat for the Rotterdam Convention on the Prior Informed 
Consent Procedure for Certain Hazardous Chemicals and Pesticides in 
International Trade 

FORM  
FOR IMPORTING COUNTRY RESPONSE 

IMPORTANT: See instructions before filling in the form 

COUNTRY: European Community  
(Member  States:  Austria,  Belgium,  Denmark,  Finland,  France,  Germany,  Greece,  Ireland,  Italy, 
Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom)  

SECTION 1. IDENTITY OF CHEMICAL 

1.1  Common name 

Dustable powder formulations containing a combination of: 

1.2  CAS numbers 

1.3  Type of formulation 
and content of active 
ingredient 

Benomyl at or above 7% 
Carbofuran at or above 10% 
Thiram at or above 15% 

Benomyl     17804-35-2 
Carbofuran  1563-66-2 
Thiram        137-26-8 

All dustable powder formulations containing a combination of: 

Benomyl at or above 7% 
Carbofuran at or above 10% 
Thiram at or above 15% 

SECTION 2. THE IMPORT RESPONSE PROVIDED IN THIS FORM APPLIES TO THE   
                       FOLLOWING CATEGORY OR CATEGORIES 

    Pesticide 

   Industrial 

X  Severely hazardous pesticide formulation 

L 144/28

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Official Journal of the European Union

30.4.2004 

SECTION 3. INDICATION REGARDING PREVIOUS RESPONSE, IF ANY 

3.1

3.2 

 X   This is a first time import response for this chemical in the country. 

This is a modification of a previous response. 

The previous response was a final decision. 

The previous response was an interim response. 

Date of issue of the previous response: 
_________________________________________________ 

 Yes        

  No 

 Yes        

 No 

SECTION 4. RESPONSE REGARDING FUTURE IMPORT 

 Final decision (Fill in section 5, page 2)         OR  X   Interim response (Fill in section 6, page 3-4)

SECTION 5. FINAL DECISION, PURSUANT TO NATIONAL LEGISLATIVE OR ADMINISTRATIVE 
MEASURES 

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 
5.3 

Consent to import
Consent to import only subject to specified conditions

Are the conditions for import of the chemical the same for all sources of 
import? 

Are the conditions for domestic production of the chemical for domestic 
use the  
same as for all imports? 

 Yes       

 No 

 Yes       

 No 

5.4 

NATIONAL  LEGISLATIVE  OR  ADMINISTRATIVE  MEASURE  UPON  WHICH  THE  FINAL 
DECISION IS BASED 

Description of the national legislative or administrative measure: 

The complete name and address of the institution/authority responsible for issuing this national 
legislative or administrative measure:  

5.5  Remarks  See under point 5.3 and 5.4 

Has there ever been a request of registration of this chemical in the 
country? 
Is this chemical currently registered in the country? 
Is this chemical manufactured in the country? 
Is this chemical formulated in the country? 

 Yes       

 No 

 Yes        
 Yes        
 Yes        

 No 
 No 
 No 

30.4.2004

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Official Journal of the European Union

L 144/29 

If yes to either one of these 
last two questions: 

Is this intended for domestic use? 
Is this intended for export? 

 Yes        
 Yes        

 No 
 No 

Other remarks 

SECTION 6. INTERIM RESPONSE 

6.1 

X   No consent to import

Is the import of the chemical from all sources simultaneously prohibited?  X Yes       

 No 

Is domestic production of the chemical for domestic use simultaneously 
prohibited? 

X Yes       

 No 

6.2 
6.3 

Consent to import
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? 

Are the conditions for domestic production of the chemical for domestic 
use the same as for all imports? 

 Yes       

 No 

 Yes       

 No 

6.4 

INDICATION OF ACTIVE CONSIDERATION IN ORDER TO REACH A FINAL DECISION 

L 144/30

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Official Journal of the European Union

30.4.2004 

1.2. 

Is a final decision under active consideration? X Yes       

 No  

The following administrative action is being undertaken during the period a final decision is 
being considered: 

It is prohibited to use or place on the market all plant protection products containing benomyl. 
Benomyl was excluded from Annex I to Council Directive 91/414/EEC concerning the placing of 
plant protection products on the market (OJ L 230, 19.8.1991, p.1) and thus authorisations for 
plant-protection products containing this active substance have been withdrawn. (Commission 
Decision 2002/928/EC of 26 November 2002, OJ L322, 27.11.2002, p.53).  

Carbofuran is included in the Community programme for evaluation of existing active substances 
under Directive 91/414/EEc; The evaluation is not expected to be completed before the end of 
2004. In the meantime it is for Member States to take national decisions whether or not to 
authorise its use in their territories. 

Pursuant to Commission Directive 2003/81/EC of 5 September 2003 (OJ L224, 6.9.2003, p.29), 
thiram has been included in Annex I to Council Directive 91/414/EEC and is authorised as an 
active substance for plant protection products for use as a fungicide or repellent. Member States 
may therefore authorise products containing the substance for such purposes subject to certain 
conditions. Furthermore thiram has been identified and notified within the framework of 
Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 (OJ L 123, 
24.4.1998, p.1) concerning the placing of biocidal products on the market. According to Article 
16.1 of that Directive it can be used in biocidal products in accordance with Member States’ 
legislation pending a final Community decision. 

Approximate time needed before a final decision can be reached:  by 2009, when Community 
evaluation for biocidal use of thiram will be completed. 

The complete name and address of the responsible institution/authority actively considering a 
final  
decision: 
European Community and its Member States (see address in section 8) 

6.5 

INFORMATION OR ASSISTANCE REQUESTED IN ORDER TO REACH A FINAL DECISION 

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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:   

6.6 

Remarks  

Has there ever been a request of registration of this chemical in the 
country? 
Is this chemical currently registered in the country? 
Is this chemical manufactured in the country? 
Is this chemical formulated in the country? 
If yes to either one 
of these last two 
questions: 
Other remarks 

Is this intended for domestic use? 
Is this intended for export? 

 Yes        

 No 

 Yes        
 Yes        
 Yes        
 Yes        
 Yes        

 No 
 No 
 No 
 No 
 No 

SECTION 7. RELEVANT ADDITIONAL INFORMATION 

In  accordance  with  Council  Directive  67/548/EEC  of  27  June  1967  on  the  approximation  of  laws, 
regulations  and  administrative  provisions  relating  to  the  classification,  packaging  and  labelling  of 
dangerous substances (OJ L 196, 16.8.1967, p.1) the individual substances contained din the formulation 
are classified as follows: 

Benomyl: Muta. Cat.3; R68 (Mutagenic category 3; possible risks of irreversible effects). 

Carbofuran:  T+;  R26/28  (Very  Toxic;  very  toxic  by  inhalation  and  if  swallowed.)  -  N;  R50-53 
(Dangerous to the environment; Very Toxic to aquatic organisms, may cause long-term adverse effects 
in the aquatic environment). 

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Thiram:  Muta.  Cat.3;  R68  (Mutagenic  category  3;  possible  risks  of  irreversible  effects)  –  Xn;  R20/22 
irritating  to  eyes  and 
(Harmful;  harmful  by  inhalation  and  if  swallowed)  –  Xi;  R36/37(Irritant; 
respiratory system) – R43 (may cause sensitisation by skin contact) 

SECTION 8. DESIGNATED NATIONAL AUTHORITY 

Institution 

Address 

European Commission  
DG Environment  

Rue de la Loi 200  
B-1049 Brussels  
Belgium