2005/416/EC: Commission Decision of 19 May 2005 adopting Community import decisions for certain chemicals pursuant to Regulation (EC) No 304/2003 of the European Parliament and of the Council and amending Decisions 2000/657/EC, 2001/852/EC and 2003/508/EC   (Text with EEA relevance)
Date: 2005-05-19
Institutions: European Commission
Subjects: chemical product, dangerous substance, exchange of information, form, import (EU), import licence

10.6.2005

EN

Official Journal of the European Union

L 147/1

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 19 May 2005

adopting Community import decisions
No 304/2003 of

the European Parliament and of

for certain chemicals pursuant

to Regulation (EC)
the Council and amending Decisions

2000/657/EC, 2001/852/EC and 2003/508/EC

(Text with EEA relevance)

(2005/416/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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,

After consulting the Committee established by Article 29 of
Council Directive 67/548/EEC of 27 June 1967 on the approx-
regulations and administrative provisions
imation of
classification, packaging and labelling of
relating to the
dangerous substances (2),

laws,

Whereas:

(1)

(2)

to Regulation (EC) No 304/2003,

Pursuant
the
Commission is to decide on behalf of the Community,
into the
whether or not
Community of each chemical
to the Prior
Informed Consent (PIC) procedure.

the
subject

to permit

import

The United Nations Environment Programme (UNEP) and
the Food and Agriculture Organization (FAO) have been
appointed to provide secretariat services for the operation
the PIC procedure established by the Rotterdam
of
(PIC)
Convention on the Prior

Informed Consent

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

Regulation (EC) No 775/2004 (OJ L 123, 27.4.2004, p. 27).

(2) OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission

Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1).

procedure for certain hazardous chemicals and pesticides
in international trade, 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
certain hazardous
chemicals and pesticides in international trade (3).

for

(3)

(4)

(5)

acting

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

common

as

ethylene oxide,

It is necessary to amend previous import decisions in
relation to the chemicals aldrin, chlordane, chlordi-
meform, DDT, dieldrin, dinoseb and its salts and esters,
EDB (1,2-dibromoethane),
fluoroace-
tamide, HCH (mixed isomers), heptachlor, hexachloro-
lindane, methamidophos pentachlorophenol
benzene,
and esters, polychlorinated biphenyls
salts
and its
(PCBs),
and
polychlorinated
toxaphene in order to reflect the enlargement of the
Community on 1 May 2004 as well as to take account
regulatory developments in the Community since
of
those decisions were adopted.

terphenyls

(PCTs)

The chemicals aldrin, chlordane, chlordimeform, DDT,
dieldrin, dinoseb and its salts and esters, EDB (1,2-dibro-
moethane),
fluoroacetamide, HCH (mixed isomers),
heptachlor, polychlorinated biphenyls (PCBs) and poly-
subject of
chlorinated terphenyls
Community import decisions that were first published
in PIC Circular V reporting the situation as at 30 June
1995.

(PCTs) were

the

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

L 147/2

EN

Official Journal of the European Union

10.6.2005

(6)

(7)

(8)

(9)

The chemicals aldrin, chlordane, DDT, dieldrin, HCH
(mixed isomers), heptachlor, all of which have been
included in the PIC procedure as pesticides, and poly-
chlorinated biphenyls
included in the PIC
(PCBs),
procedure as an industrial chemical, have been prohibited
or severely restricted (banned except certain specific
exemptions) by Regulation (EC) No 850/2004 of the
European Parliament and of the Council of 29 April
2004 on persistent organic pollutants and amending
Directive 79/117/EEC (4).

active

existing

substances

containing

The chemicals EDB (1,2-dibromoethane) and dinoseb and
to Council Directive
its salts and esters are subject
79/117/EEC of 21 December 1978 prohibiting the
placing on the market and use of plant protection
substances (5).
products
certain
Furthermore neither chemical has been identified or
notified under the Community review programme for
evaluation of
under Directive
98/8/EC of the European Parliament and of the Council
of 16 February 1998 concerning the placing of biocidal
In accordance with
products
of
2032/2003
Commission Regulation
4 November 2003 on the second phase of the 10-year
work programme referred to in Article 16(2) of Directive
98/8/EC of the European Parliament and of the Coun-
cil concerning the placing of biocidal products on
the market,
(EC)
No 1896/2000 (7), these chemicals are not allowed for
such uses.

on the market (6).

Regulation

(EC) No

amending

and

in Annex I

falls within the

Fluoroacetamide
scope of Council
Directive 91/414/EEC of 15 July 1991 concerning the
placing of plant protection products on the market (8).
Pursuant to Commission Decision 2004/129/EC of 30
January 2004 concerning the non-inclusion of certain
active substances
to Council Directive
91/414/EEC and the withdrawal of authorisation for
plant protection products containing these substances (9),
fluoroacetamide was excluded from Annex I to Directive
91/414/EEC and authorisations
for plant protection
products
to be withdrawn by
31 March 2004. Furthermore the chemical has been
identified but not notified under the Community review
programme for evaluation of existing substances under
Directive 98/8/EC. Accordingly, Member States may
allow its use in such products until 1 September 2006
at the latest in accordance with their national legislation.

containing it were

Chlordimeform is included in the PIC procedure as a
in the
pesticide.
It was not
existing
Community programme

included
evaluation of

however
for

(4) OJ L 229, 29.6.2004, p. 5.
(5) OJ L 33, 8.2.1979, p. 36. Directive as last amended by Regulation

(EC) No 850/2004.

(6) OJ L 123, 24.4.1998, p. 1. Directive as amended by Regulation (EC)

No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(7) OJ L 307, 24.11.2003, p. 1.
(8) OJ L 230, 19.8.1991, p. 1. Directive as

last amended by

Commission Directive 2004/99/EC (OJ L 309, 6.10.2004, p. 6).
(9) OL L 37, 10.2.2004, p. 27. Decision as amended by Regulation (EC)

No 835/2004 (OJ L 127, 29.4.2004, p. 43).

active substances within the framework of Directive
91/414/EEC. It is thus excluded from Annex I to that
Directive. Furthermore the chemical has not been iden-
tified
review
programme for evaluation of existing substances under
Directive 98/8/EC. It is thus not allowed for use as a
plant protection product or biocide.

the Community

notified

under

or

(10) Accordingly the previous import decisions published in
PIC Circular V for the chemicals aldrin, chlordane, chlor-
dimeform, DDT, dieldrin, dinoseb and its salts and esters,
EDB (1,2-dibromoethane), fluoroacetamide, HCH (mixed
and polychlorinated biphenyls
isomers), heptachlor
(PCBs) should be replaced.

(11)

(12)

(13)

Polychlorinated terphenyls (PCTs), which are included in
the PIC procedure as an industrial chemical, are subject
to severe restrictions within the Community by Council
Directive 76/769/EEC of 27 July 1976 on the approx-
imation of
regulations and administrative
provisions of the Member States relating to restrictions
on the marketing
certain dangerous
and use of
substances and preparations (10). The previous import
decision should be replaced to reflect the position in
all 25 Member States.

the laws,

The chemicals hexachlorobenzene, pentachlorophenol
salts and esters and toxaphene, which are
and its
included in the PIC procedure as pesticides, and metha-
midophos, certain formulations of which are included in
the PIC procedure as severely hazardous pesticide formu-
lations, were the subject of import responses set out in
Commission Decision 2000/657/EC of 16 October 2000
certain
adopting Community
chemicals
(EEC)
No 2455/92 concerning the export and import of
certain dangerous chemicals (11).

for
to Council Regulation

import decisions

pursuant

By 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
authorisations for plant protection products containing
these substances (12), pentachlorophenol was excluded
from Annex I
to Directive 91/414/EEC and authori-
sations for plant protection products containing the
substance had to be withdrawn by 25 July 2003. The
chemical has been identified but not notified under the
Community review programme for evaluation of existing
substances under Directive 98/8/EC. Accordingly,
the
chemical may be temporarily allowed for such uses
provided that these comply with Directive 76/769/EEC.

(10) OJ L 262, 27.9.1976, p. 201. Directive as last amended by
Commission Directive 2004/98/EC (OJ L 305, 1.10.2004, p. 63).
(11) OJ L 275, 27.10.2000, p. 44. Decision as last amended by Decision

2003/508/EC (OJ L 174, 12.7.2003, p. 10).

(12) OJ L 319, 23.11.2002, p. 3. Regulation as last amended by Regu-

lation (EC) No 1765/2004 (OJ L 315, 14.10.2004, p. 26).

10.6.2005

EN

Official Journal of the European Union

L 147/3

(14) Hexachlorobenzene and toxaphene have been prohibited

(19)

by Regulation (EC) No 850/2004.

The 1995 import decisions published in PIC Circular V
and Decisions
and
2003/508/EC should therefore be amended accordingly,

2000/657/EC,

2001/852/EC

HAS DECIDED AS FOLLOWS:

Article 1

(1,2-dibromoethane),

The decisions on the import of the chemicals aldrin, chlordane,
chlordimeform, DDT, dieldrin, dinoseb and its salts and esters,
EDB
fluoroacetamide, HCH (mixed
isomers), heptachlor, polychlorinated biphenyls (PCBs) and poly-
chlorinated terphenyls (PCTs) first published in PIC Circular V
are replaced by the import decisions set out on the forms for
importing country responses, hereinafter
response
forms, in Annex I to this Decision.

import

Article 2

The decisions on the import of hexachlorobenzene, pentachor-
ophenol and its salts and esters, toxaphene and methamidophos
as set out in the Annex to Decision 2000/657/EC are replaced
by the import decisions set out on the import response forms
in Annex II to this Decision.

Article 3

The decision on the import of the chemical
lindane (gamma
HCH) as set out in the Annex to Decision 2001/852/EC is
replaced by the import decision set out on the import
response form in Annex III to this Decision.

Article 4

The decision on the import of the chemical ethylene oxide as
set out in Annex II to Decision 2003/508/EC is replaced by the
import decision set out on the import response form in Annex
IV to this Decision.

Done at Brussels, 19 May 2005.

For the Commission

Stavros DIMAS
Member of the Commission

(15) Methamidophos

is

in

the

Community
included
programme for evaluation of existing substances within
the framework of Directive 91/414/EEC. That Directive
provides for a transitional period during which Member
allowed to take national decisions on
States
are
scope
and products
substances
pending a Community decision. The chemical has not
been identified or notified under
the Community
review programme for evaluation of existing substances
under Directive 98/8/EC. In accordance with Regulation
(EC) No 2032/2003 the chemical is not allowed for such
uses.

falling within its

(16)

(17)

(18)

The import responses for hexachlorobenzene, methami-
dophos, pentachorophenol and its salts and esters and
toxaphene set out
in Decision 2000/657/EC should
therefore be replaced.

Lindane, which is included in the PIC procedure as a
pesticide, was the subject of an import response set out
in Commission Decision 2001/852/EC of 19 November
decisions
2001 on adopting Community
pursuant
to Council Regulation (EEC) No 2455/92
concerning the export and import of certain dangerous
chemicals and amending Decision 2000/657/EC (13). The
chemical has been severely restricted (banned except
certain
(EC)
No 850/2004. Accordingly the import response set out
in Decision 2001/852/EC should be replaced.

by Regulation

exemptions)

specific

import

The chemical ethylene oxide is subject
to Directive
79/117/EEC. However the chemical has been notified
under
the Community programme for evaluation of
existing substances under Directive 98/8/EC, which
provides for a transitional period during which Member
States may, pending a Community decision, allow its
placing on the market for biocidal uses in accordance
with their national
legislation. This was reflected in an
import decision contained in Decision 2003/508/EC. The
import response set out
in that Decision should be
replaced to reflect the position in all 25 Member States.

(13) OJ L 318, 4.12.2001, p. 28. Decision as amended by Decision

2003/508/EC.

L 147/4

EN

Official Journal of the European Union

10.6.2005

ANNEX I

Revised import decisions for the chemical substances aldrin, chlordane, chlordimeform, DDT, dieldrin, dinoseb
and its salts and esters, EDB (1,2-dibromoethane), fluoroacetamide, HCH (mixed isomers), heptachlor, PCBs and
PCTs replacing the previous 1995 import decisions

10.6.2005

EN

Official Journal of the European Union

L 147/5

L 147/6

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/7

L 147/8

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/9

L 147/10

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/11

L 147/12

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/13

L 147/14

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/15

L 147/16

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/17

L 147/18

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/19

L 147/20

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/21

L 147/22

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/23

L 147/24

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/25

L 147/26

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/27

L 147/28

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/29

L 147/30

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/31

L 147/32

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/33

L 147/34

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/35

L 147/36

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/37

L 147/38

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/39

L 147/40

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/41

L 147/42

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/43

L 147/44

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/45

L 147/46

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/47

L 147/48

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/49

L 147/50

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/51

L 147/52

EN

Official Journal of the European Union

10.6.2005

Revised import decisions for the chemical substances hexachlorobenzene, pentachlorophenol and its salts and
esters, toxaphene and methamidophos replacing the previous import decisions set out in Decision 2000/657/EC

ANNEX II

10.6.2005

EN

Official Journal of the European Union

L 147/53

L 147/54

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/55

L 147/56

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/57

L 147/58

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/59

L 147/60

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/61

L 147/62

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/63

L 147/64

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/65

L 147/66

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/67

L 147/68

EN

Official Journal of the European Union

10.6.2005

Revised import decision for the chemical substance lindane (gamma HCH) replacing the previous import
decision set out in Decision 2001/852/EC

ANNEX III

10.6.2005

EN

Official Journal of the European Union

L 147/69

L 147/70

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/71

L 147/72

EN

Official Journal of the European Union

10.6.2005

Revised import decision for the chemical substance ethylene oxide replacing the previous import decision set
out in Decision 2003/508/EC

ANNEX IV

10.6.2005

EN

Official Journal of the European Union

L 147/73

L 147/74

EN

Official Journal of the European Union

10.6.2005

10.6.2005

EN

Official Journal of the European Union

L 147/75