Commission Regulation (EC) No 775/2004 of 26 April 2004 amending Annex I to Regulation (EC) No 304/2003 of the European Parliament and of the Council concerning the export and import of dangerous chemicals (Text with EEA relevance)
Date: 2004-04-26
Institutions: European Commission
Subjects: chemical product, dangerous substance, export, import

27.4.2004

EN

Official Journal of the European Union

L 123/27

COMMISSION REGULATION (EC) No 775/2004

of 26 April 2004

amending Annex I to Regulation (EC) No 304/2003 of the European Parliament and of the Council
concerning the export and import of dangerous chemicals

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

Having regard to Regulation (EC) No 304/2003 of the Euro-
pean Parliament and of
the Council of 28 January 2003
concerning the export and import of dangerous chemicals (1),
and in particular Article 22(1) thereof,

Whereas:

the European Parliament and of

The chemicals nonylphenol and nonylphenol ethoxylate
are severely restricted for industrial use by Directive
2003/53/EC of
the
Council of 18 June 2003 relating to restrictions on the
marketing and use of certain dangerous substances and
preparations (8). Furthermore, pursuant to Commission
Regulation (EC) No 2076/2002 of 20 November 2002
extending the time period referred to in Article 8(2) of
Council Directive 91/414/EEC and concerning the non-
inclusion of certain active substances in Annex I to that
Directive and the withdrawal of authorisation for plant
substances (9),
protection products
nonylphenol ethoxylate has been excluded from Annex I
to Directive 91/414/EEC and authorisations for plant
protection products containing it were to be withdrawn
by 25 July 2003. Accordingly, both chemicals should be
added to the list of chemicals contained in Parts 1 and 2
of Annex I to Regulation (EC) No 304/2003.

containing these

(1)

(2)

(3)

(EC) No

304/2003

implements

Regulation
the
Rotterdam Convention on the Prior Informed Consent
Procedure (PIC procedure) for Certain Hazardous Chemi-
cals and pesticides in International Trade, signed on 11
September 1998 and approved by the Community by
Council Decision 2003/106/EC (2).

Annex I to Regulation (EC) No 304/2003 consists of
three parts containing, respectively, the list of chemicals
subject to the export notification procedure, the list of
chemicals qualifying for PIC notification and the list of
chemicals subject to the PIC procedure in accordance
with the Rotterdam Convention.

In the light of Commission Decisions 2004/141/EC (3),
2004/248/EC (4), 2004/140/EC (5) and 2004/247/EC (6),
taken within the framework of Council Directive 91/
414/EEC of 15 July 1991 concerning the placing of
plant protection products on the market (7), which ban
the chemicals amitraz, atrazine,
or
fenthion and simazine respectively,
these chemicals
should be added to the lists of chemicals contained in
Parts 1 and 2 of Annex I to Regulation (EC) No 304/
2003.

severely restrict

(1) OJ L 63, 6.3.2003, p. 1. Regulation as amended by Commission

Regulation (EC) No 1213/2003 (OJ L 169, 8.7.2003, p. 27).

(2) OJ L 63, 6.3.2003, p. 27.
(3) OJ L 46, 17.2.2004, p. 35.
(4) OJ L 78, 16.3.2004, p. 53.
(5) OJ L 46, 17.2.2004, p. 32.
(6) OJ L 78, 16.3.2004, p. 50.
(7) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commis-

sion Directive 2004/30/EC (OJ L 77, 13.3.2004, p. 50).

(5)

(6)

(7)

(8)

At its 10th session from 17 to 21 November 2003, the
Intergovernmental Negotiating Committee (INC) for the
Convention decided that the chemicals DNOC and the
fibres amosite, antophyllite, actinolite and
asbestos
to the interim PIC
tremolite should also be subject
procedure. Accordingly,
should be
added to the list of chemicals contained in Part 3 of
to Regulation (EC) No 304/2003 and the
Annex I
existing entries in Parts 1 and 2 should be amended.

these substances

formulations

containing a

At the same session, the INC decided that the dustable
powder
combination of
benomyl at or above 7 per cent, carbofuran at or above
10 per cent and thiram at or above 15 per cent should
to the interim PIC procedure.
also become subject
Accordingly such formulations should also be added to
the list of chemicals contained in Parts 1 and 3 of
Annex I to Regulation (EC) No 304/2003.

Annex I to Regulation (EC) No 304/2003 should there-
fore be amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of the Committee set up
pursuant to Article 29 of Council Directive 67/548/
EEC (10),

(8) OJ L 178, 17.7.2003, p. 24.
(9) OJ L 319, 23.11.2002, p. 3.
(10) OJ L 196, 16.8.1967, p. 1. Directive as last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

L 123/28

EN

Official Journal of the European Union

27.4.2004

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 304/2003 is amended in accordance with the Annex to this Regulation.

This Regulation shall enter into force on the 20th day following that of its publication in the Official
Journal of the European Union.

Article 2

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

Done at Brussels, 26 April 2004.

For the Commission

Margot WALLSTRÖM

Member of the Commission

27.4.2004

EN

Official Journal of the European Union

L 123/29

ANNEX

Annex I to Regulation (EC) No 304/2003 is amended as follows:

1. Part 1 is amended as follows:

(a) the following entries are added:

Chemical

CAS No

Einecs No

CN code

Subcategory (*)

Use limitation
(**)

Countries for which
no notification is
required

‘Amitraz +

Atrazine +

Fenthion +

Simazine +

33089-61-1

251-375-4

2925 20 00

p(1)

1912-24-9

217-617-8

2933 69 10

p(1)

55-38-9

200-231-9

2930 90 70

p(1)

122-34-9

204-535-2

2933 69 10

p(1)

Nonylphenol + C6H4(OH)C9H19

25154-52-3

246-672-0

2907 13 00

i(1)

Nonylphenol ethoxylate +
(C2H4O)nC15H24O

Dustable powder formulations
containing a combination of:

i(1)
p(1)

benomyl at or above 7 %

17804-35-2

241-775-7

2933 90 80

carbofuran at or above 10 %

1563-66-2

216-353-0

2932 90 90

and thiram at or above 15 % #

137-26-8

205-286-2

2930 30 00

(b) the entry for asbestos fibres is replaced by the following:

‘Asbestos fibres:

310-127-6

Crocidolite #

12001-28-4

Amosite #

12172-73-5

Antophyllite #

77536-67-5

Actinolite #

77536-66-4

Tremolite #

77536-68-6

Chrysotile +

12001-29-5
or 132207-
32-0

(c) the entry for DNOC is replaced by the following:

2524 00

2524 00

2524 00

2524 00

2524 00

2524 00

i

i

i

i

i

i

‘DNOC #

534-52-1

208-601-1

2908 90 00

p(1)

sr

sr

sr

sr

sr

sr
b

b

b

b

b

b

b

b

Please refer to PIC
circular at
www.pic.int/’

Please refer to PIC
circular at
www.pic.int/’

Please refer to PIC
circular at
www.pic.int/’

L 123/30

EN

Official Journal of the European Union

27.4.2004

2. Part 2 is amended as follows:

(a) the following entries are added:

Chemical

CAS No

Einecs No

CN code

Category (*)

Use limitation (*)

‘Amitraz

Atrazine

Fenthion

Simazine

33089-61-1

251-375-4

2925 20 00

1912-24-9

217-617-8

2933 69 10

55-38-9

200-231-9

2930 90 70

122-34-9

204-535-2

2933 69 10

Nonylphenol C6H4(OH)C9H19

25154-52-3

246-672-0

2907 13 00

Nonylphenol ethoxylate
(C2H4O)nC15H24O

(b) the following entry is deleted:

p

p

p

p

i

i
p

sr

sr

sr

sr

sr

sr
b ’

Chemical

CAS No

Einecs No

CN code

Category (*)

Use limitation(**)

‘DNOC

534-52-1

208-601-1

2908 90 00

p

(c) the entry for asbestos fibres is replaced by the following:

‘Asbestos fibres:

Chrysotile

3. Part 3 is amended as follows:

(a) the following entries are added:

12001-29-5 or
132207-32-0

2524 00

i

b’

b’

Chemical

Relevant CAS number(s)

Category

‘Asbestos fibres:

Actinolite

Anthophyllite

Amosite

Crocidolite

Tremolite

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

Dustable powder formulations containing a
combination of:

benomyl at or above 7 %,

carbofuran at or above 10 %

and thiram at or above 15 %

(b) the following entry is deleted:

77536-66-4

77536-67-5

12172-73-5

12001-28-4

77536-68-6

Industrial

Industrial

Industrial

Industrial

Industrial

534-52-1, 2980-64-5, 5787-96-2, 2312-76-7

Pesticide

Severely hazardous pesticide formulation’

17804-35-2

1563-66-2

137-26-8

‘Crocidolite

12001-28-4

Industrial’