CELEX: 32016D0217(01)
Language: en
Date: 2016-02-11 00:00:00
Title: Commission Implementing Decision of 11 February 2016 adopting Union import decisions for certain chemicals pursuant to Regulation (EU) No 649/2012 of the European Parliament and of the Council and amending Commission Decisions 2005/416/EC and 2009/966/EC

17.2.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 61/5
            
         COMMISSION IMPLEMENTING DECISION
   of 11 February 2016
   adopting Union import decisions for certain chemicals pursuant to Regulation (EU) No 649/2012 of the European Parliament and of the Council and amending Commission Decisions 2005/416/EC and 2009/966/EC
   (2016/C 61/06)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (1), and in particular the second subparagraph of Article 13(1) thereof,
   After consulting the Committee established by Article 133 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (2),
   Whereas:
   
               (1)
            
            
               In accordance with Regulation (EU) No 649/2012 the Commission is to decide on behalf of the Union whether or not to permit the import into the Union of each chemical subject to the Prior Informed Consent (PIC) procedure.
            
         
               (2)
            
            
               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 PIC procedure established by the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (‘the Rotterdam Convention’), approved by Council Decision 2006/730/EC (3).
            
         
               (3)
            
            
               The Commission, acting as common designated authority, is required to forward import decisions on chemicals subject to the PIC procedure to the Secretariat of the Rotterdam Convention (‘the Secretariat’), on behalf of the Union and its Member States.
            
         
               (4)
            
            
               The chemical methamidophos has been added to Annex III to the Rotterdam Convention, as a pesticide, by Decision RC 7/4 of the seventh meeting of the Conference of the Parties. This requires each Party to submit an import response to the Secretariat for the listing of methamidophos as a pesticide. The existing listing of severely hazardous pesticide formulations (soluble liquid formulations that exceed 600 g active ingredient/l) containing methamidophos in Annex III will be deleted, including the import responses submitted for that entry. The Commission has received information thereof in the form of a decision guidance document from the Secretariat. The placing on the market and use of methamidophos as a component of mixtures acting as plant protection products is banned by Regulation (EC) No 1107/2009 of the European Parliament and of the Council (4).
            
         
               (5)
            
            
               It is necessary to amend previous import decisions in relation to the chemicals DDT and ethylene oxide in order to reflect the enlargement of the Union on 1 July 2013 as well as to take account of regulatory developments in the Union since those decisions were adopted.
            
         
               (6)
            
            
               The making available on the market and use of ethylene oxide under Regulation (EU) No 528/2012 of the European Parliament and of the Council (5) is restricted to one specific area pursuant to Commission Delegated Regulation (EU) No 1062/2014 (6). Consequently, imports are only allowed for that specific use. Member States can decide whether they authorise that use allowed under Regulation (EU) No 528/2012 in their territory.
            
         
               (7)
            
            
               The production, placing on the market and use of DDT, whether on its own, in preparations or as a constituent of articles, is prohibited in the European Union pursuant to Regulation (EC) No 850/2004 of the European Parliament and of the Council (7).
            
         
               (8)
            
            
               The import decision concerning methamidophos should be adopted and Commission Decisions 2005/416/EC (8) and 2009/966/EC (9) should be amended accordingly,
            
         HAS DECIDED AS FOLLOWS:
   Article 1
   The decision on the import of methamidophos set out in the form for import response in Annex I is adopted.
   Article 2
   The decision on the import of ethylene oxide set out in Annex II to Decision 2009/966/EC is replaced by the import decision for ethylene oxide set out in the form for import response in Annex II to this Decision.
   Article 3
   The decision on the import of DDT set out in Annex I to Decision 2005/416/EC is replaced by the import decision for DDT set out in the form for import response in Annex III to this Decision.
   
      Done at Brussels, 11 February 2016.
      
         
            For the Commission
         
         Karmenu VELLA
         
            Member of the Commission
         
      
   
   
      (1)  OJ L 201, 27.7.2012, p. 60.
   
      (2)  OJ L 396, 30.12.2006, p. 1.
   
      (3)  Council Decision 2006/730/EC of 25 September 2006 on the conclusion, on behalf of the European Community, of the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (OJ L 299, 28.10.2006, p. 23).
   
      (4)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
   
      (5)  Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).
   
      (6)  Commission Delegated Regulation (EU) No 1062/2014 of 4 August 2014 on the work programme for the systematic examination of all existing active substances contained in biocidal products referred to in Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ L 294, 10.10.2014, p. 1).
   
      (7)  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 (OJ L 158, 30.4.2004, p. 7).
   
      (8)  Commission Decision 2005/416/EC 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 (OJ L 147, 10.6.2005, p. 1).
   
      (9)  Commission Decision 2009/966/EC of 30 November 2009 adopting Community import decisions for certain chemicals pursuant to Regulation (EC) No 689/2008 of the European Parliament and of the Council and amending Commission Decisions 2000/657/EC, 2001/852/EC, 2003/508/EC, 2004/382/EC and 2005/416/EC (OJ L 341, 22.12.2009, p. 14).
   
      ANNEX I
      Import decision for methamidophos
      
         
      
         
      
         
   
   
      ANNEX II
      Revised import decision for ethylene oxide
      
         
      
         
      
         
      
         
   
   
      ANNEX III
      Revised import decision for DDT