COMMISSION IMPLEMENTING DECISION

of 15 June 2012

adopting Union import decisions for certain chemicals pursuant to Regulation (EC) No 689/2008 of the European Parliament and of the Council

2012/C 177/05

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals(1), and in particular the second subparagraph of Article 12(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) Under Regulation (EC) No 689/2008 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 Organisation (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, hereinafter ‘the Rotterdam Convention’, approved by the Community 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, on behalf of the Union and its Member States.

(4) The chemicals alachlor and aldicarb have been added to the PIC procedure, as pesticides, by decisions RC 5/3 and RC 5/4 of the fifth meeting of the Conference of the Parties and for which the Commission has received information from the Secretariat of the Rotterdam Convention in the form of decision guidance documents. Alachlor and aldicarb fall within the scope of 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(4) and are not allowed to be placed on the market as constituents of preparations acting as plant protection products.

(5) The chemical endosulfan has been added to the PIC procedure, as pesticide, by decision RC 5/5 of the fifth meeting of the Conference of the Parties and for which the Commission has received information from the Secretariat of the Rotterdam Convention in the form of a decision guidance document. Endosulfan falls within the scope of Regulation (EC) No 1107/2009 and of 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 is not allowed to be placed on the market as constituent of preparations acting as plant protection products or as biocides, respectively.

(6) Accordingly, a final import decision concerning alachlor, aldicarb and endosulfan should be taken,

HAS DECIDED AS FOLLOWS:

Sole Article

The final decision on the import of alachlor, aldicarb and endosulfan as set out in the form for import response in the Annex is adopted.

Done at Brussels, 15 June 2012.

For the Commission

Janez POTOČNIK

Member of the Commission

(1)

OJ L 204, 31.7.2008, p. 1

(2)

OJ L 396, 30.12.2006, p. 1

(3)

OJ L 299, 28.10.2006, p. 23

(4)

OJ L 309, 24.11.2009, p. 1

(5)

OJ L 123, 24.4.1998, p. 1

ANNEX

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