Commission Regulation (EC) No 1376/2007 of 23 November 2007 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: 2007-11-23
Institutions: European Commission
Subjects: chemical product, dangerous substance, export monitoring, import policy, international trade

L 307/14

EN

Official Journal of the European Union

24.11.2007

COMMISSION REGULATION (EC) No 1376/2007

of 23 November 2007

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,

(3)

to Directive 76/769/EEC, perfluorooctane
Pursuant
sulfonates are severely restricted for industrial use and
thus
chemicals
added to the
contained in Parts 1 and 2 of Annex I to Regulation
(EC) No 304/2003.

should be

lists of

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 22(4) thereof,

Whereas:

(1)

(2)

Regulation (EC) No 304/2003 implements the Rotterdam
Convention on the Prior Informed Consent Procedure
for Certain Hazardous Chemicals and
(PIC procedure)
on 11
International Trade,
pesticides
September 1998 and approved, on behalf of
the
Community, by Council Decision 2003/106/EC (2).

signed

in

and

Annex I to Regulation (EC) No 304/2003 should be
amended to take into account
regulatory action in
respect of certain chemicals taken pursuant to Council
Directive 76/769/EEC of 27 July 1976 on the ap-
proximation of the laws, regulations and administrative
provisions of the Member States relating to restrictions
on the marketing
certain dangerous
and use of
preparations (3), Council Directive
substances
91/414/EEC of 15 July 1991 concerning the placing of
plant protection products on the market (4), 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 (5) and of other Community
restrictions
legislation.
imposed through those acts are not to be implemented
until a future date, the obligations imposed by Regulation
(EC) No 304/2003 should not start to apply before those
dates in order to facilitate implementation.

cases where

In those

the

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

Regulation (EC) No 777/2006 (OJ L 136, 24.5.2006, p. 9).

(2) OJ L 63, 6.3.2003, p. 27.
(3) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Directive
2007/51/EC of the European Parliament and of the Council
(OJ
L 257, 3.10.2007, p. 13).

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

last amended by

Commission Directive 2007/52/EC (OJ L 214, 17.8.2007, p. 3).
(5) OJ L 123, 24.4.1998, p. 1. Directive as last amended by Directive

2007/47/EC (OJ L 247, 21.9.2007, p. 21).

(4)

(5)

(6)

(7)

to include the substances
It has been decided not
thiodicarb, oxyde-
dimethenamid, phosalone, alachlor,
carbosulfan,
methon-methyl,
haloxyfop-R as
to
I
Directive 91/414/EEC, with the effect that those active
substances are banned for pesticide use and thus should
be added to the lists of chemicals contained in Parts 1
and 2 of Annex I to Regulation (EC) No 304/2003.

cadusafos,
active

carbofuran,

in Annex

substances

to include

It has been decided not
carbaryl and
trichlorfon as active substances in Annex I to Directive
91/414/EEC and not to include carbaryl and trichlorfon
as active substances in Annex I, IA or IB to Directive
98/8/EC with the effect that those active substances are
banned for pesticide use and thus should be added to the
lists of chemicals contained in Parts 1 and 2 of Annex I
to Regulation (EC) No 304/2003.

It has been decided not to include malathion as an active
substance in Annex I to Directive 91/414/EEC with the
effect that this active substance is banned for use in the
subcategory pesticide in the group of plant protection
products and thus
should be added to the list of
chemicals contained in Part 1 of Annex I to Regulation
(EC) No 304/2003.

to include

It has been decided not
fenitrothion,
dichlorvos, diazinon and diuron as active substances in
Annex I to Directive 91/414/EEC with the effect that
those active substances are banned for use in the sub-
category pesticide in the group of plant protection
should be added to Part 1 of
products, and thus
Annex I to Regulation (EC) 304/2003, despite the fact
that those substances have been identified and notified
for evaluation under Directive 98/8/EC and may thus
continue to be authorised by Member States until a
decision under that Directive will be taken.

24.11.2007

EN

Official Journal of the European Union

L 307/15

(8)

Directive 91/414/EEC provides in Article 8(2) for a time
period of 12 years during which Member States are
allowed to authorise the placing on the market of
plant protection products
containing certain active
time period has been extended by
substances. That
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
to that Directive and the withdrawal of
in Annex I
authorisations for plan protections products containing
these substances (1). However, since no directive was
azinphos-
adopted including
active
to Directive
methyl
the time period
91/414/EEC before the expiry of
defined for
substances, Member States were
obliged to withdraw national authorisations of plant
protection products
as
from 1 January 2007. As a result the active substances
azinphos-methyl and vinclozolin are therefore banned for
pesticide use and thus should be added to the list of
chemicals contained in Part 1 of Annex I to Regulation
(EC) No 304/2003.

and vinclozolin in Annex I

containing those

substances

substances

those

the

(9)

Annex I
therefore be amended accordingly.

to Regulation (EC) No 304/2003 should

(10)

The measures provided for in this Regulation are in
accordance with the opinion of the Committee estab-
lished by Article 29 of Directive 67/548/EEC,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I
accordance with the Annex to this Regulation.

to Regulation (EC) No 304/2003 is amended in

Article 2

This Regulation shall enter into force on the 20th day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 23 November 2007.

For the Commission

Stavros DIMAS
Member of the Commission

(1) OJ L 319, 23.11 2002, p. 3. Regulation as last amended by Regu-

lation (EC) No 1980/2006 (OJ L 368, 23.12.2006, p. 96),

L 307/16

EN

Official Journal of the European Union

24.11.2007

ANNEX

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

(1) in Part 1 the following entries are added:

Chemical

CAS No

Einecs No

CN

Subcategory (*)

Use limitation (**)

Countries for which
no notification is
required

‘Alachlor +

15972-60-8

240-110-8

2924 29 95

Azinphos-methyl

86-50-0

201-676-1

2933 99 90

Cadusafos +

95465-99-9

n.a.

2930 90 85

p(1)

p(1)

p(1)

b

b

b

Carbaryl + (*)

63-25-2

200-555-0

2924 29 95

p(1)-p(2)

b-b

Carbofuran +

1563-66-2

216-353-0

2932 99 85

Carbosulfan +

55285-14-8

259-565-9

2932 99 85

Diazinon (*)

333-41-5

206-373-8

2933 59 10

Dichlorvos (*)

62-73-7

200-547-7

2919 90 90

Dimethenamid +

87674-68-8

n.a.

2934 99 90

Diuron

330-54-1

206-354-4

2924 21 90

Fenitrothion (*)

122-14-5

204-524-2

2920 19 00

Haloxyfop-R + (*)

95977-29-0

n.a.

2933 39 99

(Haloxyfop-P-methyl ester)

(72619-32-0)

(406-250-0)

(2933 39 99)

Malathion (*)

121-75-5

204-497-7

2930 90 85

Oxydemethon-methyl +

301-12-2

206-110-7

2930 90 85

p(1)

p(1)

p(1)

p(1)

p(1)

p(1)

p(1)

p(1)

p(1)

p(1)

Perfluorooctane sulfonates
(PFOS) C8F17SO2X (X = OH,
salt
Metal
halide,
and other derivatives
amide,
including polymers) + (**)

(O-M+),

1763-23-1

217-179-8

2904 90 20

i(1)

2795-39-3
and others

220-527-1

2904 90 20
and others

Phosalone +

2310-17-0

218-996-2

2934 99 90

Thiodicarb + (*)

59669-26-0

261-848-7

2930 90 85

p(1)

p(1)

Trichlorfon + (*)

52-68-6

200-149-3

2931 00 95

p(1)-p(2)

Vinclozolin

50471-44-8

256-599-6

2934 99 90

p(1)

(*) The entry shall apply from 19 December 2007.
(**) The entry shall apply from 27 June 2008.’

b

b

b

b

b

b

b

b

b

b

sr

b

b

b-b

b

24.11.2007

EN

Official Journal of the European Union

L 307/17

(2) in Part 2 the following entries are added:

Chemical

CAS No

Einecs No

CN

Category (*)

Use limitation (**)

‘Alachlor

Cadusafos

Carbaryl

Carbofuran

Carbosulfan

Dimethenamid

Haloxyfop-R
(Haloxyfop-P-methyl ester)

15972-60-8

240-110-8

2924 29 95

95465-99-9

n.a.

2930 90 85

63-25-2

200-555-0

2924 29 95

1563-66-2

216-353-0

2932 99 85

55285-14-8

259-565-9

2932 99 85

87674-68-8

n.a.

2934 99 90

95977-29-0
(72619-32-0)

n.a.
(406-250-0)

2933 39 99
(2933 39 99)

Oxydemethon-methyl

301-12-2

206-110-7

2930 90 85

Perfluorooctane sulfonates
(PFOS) C8F17SO2X (X = OH, Metal salt (O-M+),
halide,
including
polymers)

and other derivatives

amide,

Phosalone

Thiodicarb

Trichlorfon

1763-23-1

2795-39-3
and others

217-179-8

220-527-1

2904 90 20

2904 90 20
and others

2310-17-0

218-996-2

2934 99 90

59669-26-0

261-848-7

2930 90 85

52-68-6

200-149-3

2931 00 95

p

p

p

p

p

p

p

p

i

p

p

p

b

b

b

b

b

b

b

b

sr

b

b

b’