Corrigendum to Commission Decision 2004/382/EC 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 (OJ L 144, 30.4.2004)
Date: 2004-06-07
Institutions: European Commission
Subjects: chemical product, export licence, form, import licence, international trade, pesticide

7.6.2004

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Official Journal of the European Union

L 199/7

Corrigendum to Commission Decision 2004/382/EC 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

(Official Journal of the European Union L 144 of 30 April 2004)

Decision 2004/382/EC should read as follows:

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,

(3)

(4)

(5)

Having regard to the Treaty establishing the European Com-
munity,

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 12(1) thereof,

Whereas:

(1)

(2)

Pursuant to Regulation (EC) No 304/2003 the Commis-
sion 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
Informed
the Rotterdam Convention on the Prior
Consent (PIC) procedure for certain hazardous chemicals
and pesticides
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 Euro-
pean Community, of the Rotterdam Convention on the
Prior Informed Consent Procedure for certain hazardous
chemicals and pesticides in international trade (2), in par-
ticular the resolution on interim arrangements laid down
in the Final Act.

in international

trade,

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 special Importing
Country
their
import decisions.

form when

Response

reporting

The chemicals actinolite, amosite, anthophyllite and
tremolite, which are all amphibole forms of asbestos
fibres, have also been added to the interim PIC proce-
dure 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 Com-
munity 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
regulations and
on the approximation of
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 laws,

(1) OJ L 63, 6.3.2003, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 775/2004 (OJ L 123, 27.4.2004, p. 27).

(2) OJ L 63, 6.3.2003, p. 27.

(3) OJ L 207, 6.8.1999, p. 18.
(4) OJ L 262, 27.9.1976, p. 24.

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(6)

(7)

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 (1), as last amended by Regu-
lation (EC) No 806/2003 (2). 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 (3), DNOC was excluded from
Annex I to Directive 91/414/EEC and authorisations for
plant protection products containing it were to be with-
drawn by 16 August 1999. Accordingly a final import
decision should be taken.

formulations

containing a

Certain pesticide formulations, in the form of dustable
powder
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 (4), benomyl
to Directive
has been excluded
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
of Directive
91/414/EEC. That Directive provides for a transitional
period during which Member States are allowed to take
national 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 moli-
nate, thiram and ziram as active substances (5), 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 noti-
fied under Directive 98/8/EC of the European Parliament

from Annex

framework

the

I

and of the Council of 16 February 1998 concerning the
placing of biocidal products on the market (6), which
provides for a transitional period during which Member
States may, pending a Community decision, take a deci-
sion 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
Council Directive
29
67/548/EEC (7), as last amended by Commission Direc-
tive 2001/59/EC (8),

to Article

of

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.

Article 2

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 3

The interim decision on the import of dustable powder pesti-
cide 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

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 54, 2.3.1999, p. 21.
(4) OJ L 322, 27.11.2002, p. 53.
(5) OJ L 224, 6.9.2003, p. 29.

(6) OJ L 123, 24.4.1998, p. 1.
(7) OJ 196, 16.8.1967, p. 1.
(8) OJ L 225, 21.8.2001, p. 1.

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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

ANNEX I

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ANNEX II

Final import decision for the chemical DNOC

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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 %

ANNEX III

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