CELEX: 
Language: en
Date: 2020-06-09 00:00:00
Title: COMMISSION DELEGATED REGULATION (EU) …/... amending Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the Council as regards the listing of dicofol

EUROPEAN
                          COMMISSION
                                                   Brussels, 9.6.2020
                                                   C(2020) 3645 final
               COMMISSION DELEGATED REGULATION (EU) …/...
                                       of 9.6.2020
   amending Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the
                         Council as regards the listing of dicofol
                                (Text with EEA relevance)
EN                                                                                     EN
 ---pagebreak---                               EXPLANATORY MEMORANDUM
   1.       CONTEXT OF THE DELEGATED ACT
   Article 1 of Regulation (EU) 2019/1021 establishes as the objective of that Regulation to
   protect human health and the environment from Persistent Organic Pollutants (‘POPs’) by
   prohibiting, phasing out as soon as possible, or restricting the manufacturing, placing on the
   market and use of substances subject to the Stockholm Convention on POPs. At the ninth
   Conference of the Parties to the Stockholm Convention, which took place in Geneva,
   Switzerland, from 29 April to 10 May 2019, the decision was taken to include dicofol in
   Annex A to the Convention (decision SC-9/11). The European Union supported that decision
   on the basis of Council Decision (EU) 2019/639. Pursuant to Article 15 of Regulation (EU)
   2019/1021, the regulatory decision should be reflected in Annex I to Regulation (EU)
   2019/1021 by adopting a separate delegated act to that effect.
   The authorisations of plant protection products containing dicofol in the EU Member States
   had to be withdrawn by 30 March 2009 and any marketing and use of them had to expire by
   30 March 2010 at the latest according to Commission Decision 2008/764/EC. In addition,
   there are no approved uses according to the Biocidal Products Regulation (EU) 528/2012.
   2.       CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
   The draft amendment was consulted with an expert group (the 'POP CA meeting') on 26
   November 2019 and comments were taken into account as far as possible. The group is
   composed of all the relevant stakeholders - representatives of Member States, of the European
   Chemicals Agency, the chemicals industry and the civil society.
   A public consultation was carried out for the draft act from 29 November to 27 December
   2019. No comments were received.
   3.       LEGAL ELEMENTS OF THE DELEGATED ACT
   The delegated act amends the list of chemicals in Annex I on the basis of developments under
   the Convention, as required by Article 15(1) of Regulation (EU) 2019/1021.
EN                                                1                                               EN
 ---pagebreak---                      COMMISSION DELEGATED REGULATION (EU) …/...
                                                 of 9.6.2020
    amending Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the
                                 Council as regards the listing of dicofol
                                          (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) 2019/1021 of the European Parliament and of the Council
   of 20 June 2019 on persistent organic pollutants 1, and in particular Article 15 (1) thereof,
   Whereas:
   (1)     Regulation (EU) 2019/1021 implements the commitments of the Union under the
           Stockholm Convention on Persistent Organic Pollutants 2 (‘the Convention’) and
           under the Protocol to the 1979 Convention on Long-Range Transboundary Air
           Pollution on Persistent Organic Pollutants 3 (‘the Protocol’).
   (2)     Annex A to the Convention (‘Elimination’) contains a list of chemicals for which each
           Party to the Convention is required to prohibit and/or take the legal and administrative
           measures necessary to eliminate their production, use, import and export.
   (3)     The Conference of the Parties to the Convention has, pursuant to Article 8(9) of the
           Convention, decided in its ninth meeting to amend Annex A to the Convention in
           order to include dicofol in that Annex with no exemptions.
   (4)     Part A of Annex I to Regulation (EU) 2019/1021, which contains a list of the
           substances listed in the Convention and in the Protocol as well as substances listed
           only in the Convention, should therefore be amended to include dicofol.
   (5)     Regulation (EU) 2019/1021 should therefore be amended accordingly,
   HAS ADOPTED THIS REGULATION:
                                                   Article 1
   Annex I to Regulation (EU) 2019/1021 is amended in accordance with the Annex to this
   Regulation.
                                                   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in
   the Official Journal of the European Union.
   1
           OJ L 169/45, 25.6.2019, p. 45.
   2
           OJ L 209, 31.7.2006, p. 3.
   3
           OJ L 81, 19.3.2004, p. 37.
EN                                                     2                                            EN
 ---pagebreak---    This Regulation shall be binding in its entirety and directly applicable in all Member States.
   Done at Brussels, 9.6.2020
                                                 For the Commission
                                                 The President
                                                 Ursula VON DER LEYEN
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 ---documentbreak---                           EUROPEAN
                          COMMISSION
                                                   Brussels, 9.6.2020
                                                   C(2020) 3645 final
                                                   ANNEX
                                        ANNEX
                                         to the
               COMMISSION DELEGATED REGULATION (EU) .../...
   amending Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the
                         Council as regards the listing of dicofol
EN                                                                                     EN
 ---pagebreak---                                            ANNEX
   In Part A of Annex I to Regulation (EU) 2019/1021, the following entry is added:
             Substance             CAS No        EC No           Specific exemption on
                                                                intermediate use or other
                                                                      specification
   “Dicofol                       115-32-2    204-082-0     None”
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