CELEX: 51993PC0120
Language: en
Date: 1993-03-26
Title: Proposal for a COUNCIL REGULATION (EEC) amending for the first time Annex I to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals

COMMISSION OF THE EUROPEAN COMMUNITIES
                                         COM(93)120 final
                                         Brussels, 25 March 1993
                          Proposal for a
                     COUNCIL REGULATION (EEC!
  amending for the first time Annex I to Council Regulation
      (EEC) No 2455/92 concerning the export and import
               of certain dangerous chemicals
                  (presented by the Commission)
 ---pagebreak---                            EXPLANATORY MEMORANDUM
 1. Introduction
      Council Regulation (EEC) No. 2455/92 concerning exports and imports
      of certain dangerous chemicals (1) establishes a system by which
      third countries which import chemicals banned or severly restricted
      in the Community are notified of the potential dangers and are
      informed of the safety precautions which have to be taken, and of
      the use restrictions of these products in the Community.
      This Regulation also implements the procedure of "Prior Informed
     Consent" (PIC) set up by the UNEP and FAO. This means that EC
     exporters have to comply with the import conditions of countries
     participating in the PIC procedures.
     Regulation (EEC) No. 2455/92, adopted by the Council on 23 July
      1992, entered into force on 29 November 1992.
     Chemicals banned or severely restricted in the Community, and
     therefore subject to export notification, are listed in Annex I o f
     the Régulât ion.
2.   Objectives of the Commission proposal
     Regulation (EEC) No. 2455/92 stipulates in Article 11 that the list
     of the chemicals in Annex I is to be amended periodically by the
     Commission; this amendment requires a Council Decision, taken by a
     qualified majority, on a Commission proposal.
     Amendments to the technical progress of the Council Directive
     79/117/EEC^2^ concerning the prohibition of the marketing and the
    use of plant health products containing certain active substances,
    and of the Directive 76/769/EEC^3^ concerning the limitation of
     the marketing and the use of certain substances and dangerous
    preparations, have increased the number of the substances subject
     to legislative restrictions in the Community. Consultation of the
    Commission services concerned indicates that 15 substances or
    groups of substances have to be added to Annex I of the Regulation.
    Moreover the "use limitations" have to be amended for 6 substances.
(1) OJ OF THE EUROPEAN COMMUNITIES L 25 1 OF THE 29/08/92
(2) OJ OF THE EUROPEAN COMMUNITIES L3* O F T«e */02/7Q
(3) OJ OF THE EUROPEAN COMMUNITIES L 262 OF THE 27/09/76
 ---pagebreak---     The Commission proposes, therefore, that Annex I of Regulation
    2455/92 be amended to ensure agreement with the existing Community
    legislation.
   This proposal involves an obligation of the Commission under the
    terms of Article 11 of the Regulation. Moreover, the Regulation (in
   Article 5) designates the Commission as the contact point between
    the Member States and the international "PIC" system managed by the
   UNEP and FAO. Any decision on amendments to Annex I must,
   therefore, be taken at the Community level and cannot be referred
   to another decision level.
   This proposal does not have additional impact on the small and
   medium-sized enterprises because it refers only to the existing
   Community legislation, which already applies to the companies
   established in the Community.
3. Comments on the text of the proposal for a Regulation
   The proposal for a Regulation contains an annex which replaces in
   its entirety Annex I of Regulation 2455/92, after adoption by the
   Council, so as to facilitate access to the information by the
   interested parties. 15 substances or groups of substances are added
   to the list in Annex I of Regulation 2455/92. The layout and
   footnotes of Annex I are unchanged and are shown Just as they are
   in the annex of the proposal for a Regulation.
 ---pagebreak---                                    -3-
                              Proposal for a
                         COUNCIL REGULATION (EEC)
       amending for the first time Annex I to Council Regulation
            (EEC) No 2455/92 concerning the export and Import
                     of certain dangerous chemicals
The COUNCIL FOR THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the          European  Economic
Community, and in particular Article 130S thereof,
Having regard to the proposal from the Commission^),
Having regard to the opinion of the European Par I lament* 2 ),
Having regard to the opinion of the Economic and Social Committee (3) ,
Having regard to Council Regulation (EEC) No 2455/92 concerning the
export and Import of certain dangerous chemicals, and in particular
Article 11 and Annex I thereof,
Whereas Annex I of Council Regulation (EEC) No 2455/92 lists the
chemicals banned or severely restricted in the Community and whereas
Article 11 of the same Regulation requires this list to be reviewed at
regular intervals and amended as necessary;
Whereas as a result of amendments and the adaptation to technical
progress of Council Directive 79/117/EEC which prohibits the placing on
the market and use of plant protection products containing active
substances, the list of chemicals contained in Annex I of Council
Regulation No 2455/92 must be amended and additional chemicals added
thereto;
Whereas as a result of amendments and the adaptation to technical
progresss of Council Directive 76/769/EEC which restricts the marketing
and use of certain dangerous substances and preparations, the list of
chemicals contained in Annex I of Council Regulation No 2455/92 must be
amended and additional chemicals added thereto;
HAS ADOPTED THIS REGULATION:
(1) OJ No C
(2) OJ No C
(3) OJ No C
 ---pagebreak---                                    *f-
                               Article 1
The Annex to this Regulation replaces Annex    I of Council Regulation
(EEC) N- 2455/92.
                               Article 2
This Regulation shall come into force one month after its publication
in the Official Journal of the European Communities.
            This Regulation shall be binding In its entirety       and
            directly appl(cable in all Member States.
            Done at                               For the Council
                                                  The President
 ---pagebreak---                                - s-
                               ANNEX
        CHEMICAL             CAS No.   EINECS No USE   USE
                                                 CAT.  LIMIT
                                            ihl    (Cl    iÛL
 1. Mercuric oxide          21908-53-2 244-654-7 P     b
 2. Mercurous chloride      10112-91-1 233-307-5 P     b
     (calomel)
 3. Other inorganic
    mercury compounds
 4. Alkyl mercury compounds                      P     b
 5. Alkoxyalkyl and aryl                         P     b
    mercury compounds
 6. Aldrin                  309-00-2   206-215-8 P     b
 7. Chlordane               57-74-9    200-349-0 P     b
 8. Dieldrin                60-57-1    200-484-5 P     b
 9. DDT                     50-29-3    200-024-3 P     b
10. Endrin                  72-20-8    200-775-7 P     b
11. HCH containing less     608-73-1   210-168-9 P     b
    than 99.0% of the gamma
    isomer
12. Heptachlor              76-44-8    200-962-3 P     b
13. Hexachlorobenzene       118-74-1   204-273-9 P     b
14. Camphechlor (toxaphene) 8001-35-2  232-283-3 P     b
15. Polychlorinated         1336-36-3  215-648-1 i     b
    biphenyls (PCB), except
    mono- and dichlorinatec
    biphenyls
16. Polychlorinated         61788-33-8 262-968-2
    terphenyls (PCT)
17. Preparations with a PCB
    or PCT content higher
    than 0.005% by weight
18. Tris(2,3-dibromopropyl) 126-72-7   204-799-9       sr
    phosphate
19. Tris-aziridinyl-        545-55-1   208-892-5       sr
    phosphinoxide
 ---pagebreak---                                  ~ (o
        CHEMICAL             CAS No.    EINECS No. USE USE
                                                   CAT LIMIT
20. Polybrominated
    biphenyls (PBB)
                                                       sr
21. Asbestos fibres:
      Crocidolite           12001-28-4             l   b
      Amos i te             12172-73-5             i   b
      Anthophyllite         77536-67-5             i   b
      Actinolite            77536-66-4             i   b
      Tremolite             77536-68-6             i   b
22. Nitrofen                1836-75-5   217-406-0  P   b
23. 1,2 Dibromoethane       106-93-4    203-444-5  P   b
24. 1,2 Dichloroethane      107-06-2    203-458-1  P   b
25. Pentachlorophenol and   87-86-5     201-778-6  i   sr
    its salts and esters
26. Ugilec 121                                     i   b
27. Ugilec 141             76253-60-6  278-404-3   i   sr
28. DBBT                   99688-47-8              i   b
29. Ethylene oxide         75-21-8      200-849-9  P   b
30. Dinoseb, its acetate   88-85-7      201-861-7  P   b
    and salts
31. Binapacryl             485-31-4     207-612-9  P   b
32. CaptOfol               2425-06-1    219-363-3  P   b
33. Dicofol containing     115-32-2     204-082-0  P   b
    <78% p,p'-dicofol
    or >lg/Kg of DDT and
    DDT related compounds
34. (a) Maleic hydrazide,  123-33-1     204-619-9      sr
    and its salts, other
    than its choline,
    potassium and sodium
    salts;
    (b) Choline, potassium
    and sodium salts of
    maleic hydrazide
    containing more than
    1 mg/Kg of free
    hydrazine expressed on
    the basis of the acid
    equivalent
 ---pagebreak---                                   -1-
        CHEMICAL             CAS No.    EINECS No. USE     USE
                                                   CAT.    LIMIT.
35. Quintozene containing   82-68-8     201-435-0  P       b
    more than lg/Kg of
    hexachlorobenzene or
    > 10g/Kg of penta-
    chlorobenzene
36. 2-NaphthyLamine         91-59-8     202-080-4  i       sr
37. Benzidine               92-87-5     202-199-1  i       sr
38. 4-Nitrobipheny1         92-93-3     202-204-7  i       sr
39. 4-Aminobipheny1         92-67-1     202-177-1  i       sr
(a) CAS = Chemical Abstracts Service.
(b) EINECS = European Inventory of Existing Commercial Chemical
              Substances.
(c) Use category:
    p: plant protection product
    i: industrial chemical
(d) Use limitation:
    sr: severe restriction
    b: ban
 ---pagebreak---                                           -g-                         KSN 0254-1475
                                                               COM(93) 120 final
                                                       DOCUMENTS
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                                                             ISBN 92-77-53988-7
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