2005/814/EC: Commission Decision of 18 November 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 Decision 2000/657/EC   (Text with EEA relevance)
Date: 2005-11-18
Institutions: European Commission
Subjects: FAO, UN Environment Programme, chemical product, dangerous substance, form, import (EU), international trade, lead

L 304/46

EN

Official Journal of the European Union

23.11.2005

COMMISSION DECISION

of 18 November 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 Decision 2000/657/EC

(Text with EEA relevance)

(2005/814/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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 the first subparagraph of 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
relating to the
classification, packaging and labelling of
dangerous substances (2),

laws,

Whereas:

(5)

(6)

(1)

(2)

(3)

Under Regulation (EC) No 304/2003 the Commission is
required 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
the PIC procedure established by the Rotterdam
of
Convention on the Prior
(PIC)
procedure for certain hazardous chemicals and pesticides
in international trade; the Convention was approved, on
behalf
by Council Decision
of
2003/106/EC (3).

Informed Consent

the Community,

acting

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

common

as

(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).

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

The chemicals tetraethyl lead and tetramethyl lead have
been added to the PIC procedure, as industrial chemicals.
The Commission has received information about both
chemicals in the form of a single decision guidance
document. Both chemicals are severely restricted at
Community level since their use as anti-knock agents
to minor
in petrol
exemptions, by Directive 98/70/EC of
the European
the Council of 13 October 1998
Parliament and of
relating to the quality of petrol and diesel
fuels and
amending Council Directive 93/12/EEC (4). An import
decision should therefore be taken accordingly.

effectively banned,

subject

is

The chemical parathion has also been added to the PIC
procedure, as a pesticide, for which the Commission has
received information from the Secretariat in the form of
a decision guidance document.

Parathion 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). By
Commission Decision 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 protection products containing
this active substance (6), parathion was excluded from
to Directive 91/414/EEC and authorisations
Annex I
for plant protection products containing it had to be
withdrawn by 8 January 2002. Parathion had previously
been included in the interim PIC procedure to the extent
that certain severely hazardous pesticide formulations
containing parathion were listed in Annex III
to the
Convention, which was reflected in the response form
to Commission Decision
set out
2000
2000/657/EC
adopting
certain chemicals
Community import decisions
pursuant
to Council Regulation (EEC) No 2455/92
concerning the export and import of certain dangerous
chemicals (7). The entry for parathion in Annex III to the
Convention needs to be replaced by an entry covering
parathion in all its forms. A new import decision should
therefore be taken.

in the Annex
of

16 October
for

(4) OJ L 350, 28.12.1998, p. 58. Directive as last amended by Regu-
lation (EC) No 1882/2003 of the European Parliament and of the
Council (OJ L 284, 31.10.2003, p. 1).

(5) OJ L 230, 19.8.1991, p. 1. Directive as

last amended by

Commission Directive 2005/34/EC (OJ L 125, 18.5.2005, p. 5).

(6) OJ L 187, 10.7.2001, p. 47.
(7) OJ L 275, 27.10.2000, p. 44. Decision as last amended by Decision

2005/416/EC (OJ L 147, 10.6.2005, p. 1).

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L 304/47

(7)

Decision 2000/657/EC should therefore be amended
accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

1.
The decision on the import of the chemical tetraethyl lead,
as set out on the form for importing country responses in
Annex I, is adopted.

2.
The decision on the import of the chemical tetramethyl
lead, as set out on the form for importing country responses in
Annex II, is adopted.

Article 2

The decision on the import of parathion as set out in the Annex
to Decision 2000/657/EC is replaced by the import decision set
out on the form for importing country responses in Annex III
to this Decision.

Done at Brussels, 18 November 2005.

For the Commission

Stavros DIMAS
Member of the Commission

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IMPORT DECISION FOR THE CHEMICAL SUBSTANCE TETRAETHYL LEAD

ANNEX I

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IMPORT DECISION FOR THE CHEMICAL SUBSTANCE TETRAMETHYL LEAD

ANNEX II

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IMPORT DECISION FOR THE CHEMICAL SUBSTANCE PARATHION

ANNEX III

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