Address https://gelex.eu/eli/EU/regulation/2015/2229@2015-09-29/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2
3. ANNEX
4. ANNEX
5. (1)
6. (2)
7. (3) (a)————

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, and in particular Article 23(4) thereof,

Whereas:

(1) Regulation (EU) No 649/2012 implements the Rotterdam Convention on the Prior Informed Consent Procedure (PIC procedure) for certain hazardous chemicals and pesticides in international trade, signed on 11 September 1998 and approved, on behalf of the Community, by Council Decision 2003/106/EC.

(2) It is appropriate that regulatory action in respect of certain chemicals taken pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council, Regulation (EC) No 1107/2009 of the European Parliament and of the Council, and Regulation (EC) No 850/2004 of the European Parliament and of the Council be taken into account.

(3) The approval of the substance fenbutatin oxide has been withdrawn in accordance with Regulation (EC) No 1107/2009, with the effect that fenbutatin oxide is banned for use as pesticide and thus should be added to the lists of chemicals contained in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(4) The substances lead compounds, dibutyltin compounds, dioctyltin compounds, trichlorobenzene, pentachloroethane, 1,1,2,2-tetrachloroethane, 1,1,1,2-tetrachloroethane, 1,1,2-trichloroethane and 1,1-dichloroethene are severely restricted as industrial chemical for public use in accordance with Regulation (EC) No 1907/2006 and thus should be added to Part 1 of Annex I to Regulation (EU) No 649/2012.

(5) Regulation (EC) No 850/2004 was amended in 2012 by the Commission in order to implement the decision taken under the Stockholm Convention to list endosulfan in Part 1 of Annex A to the Stockholm Convention by adding that chemical to Part A of Annex I to Regulation (EC) No 850/2004. Consequently, that chemical has been added to Part 1 of Annex V to Regulation (EU) No 649/2012 and should be removed from Part 1 of Annex I to Regulation (EU) No 649/2012.

(6) At its sixth meeting held from 28 April to 10 May 2013, the Conference of the Parties to the Rotterdam Convention decided to include commercial pentabromodiphenyl ether, including tetra- and pentabromodiphenyl ether, as well as commercial octabromodiphenyl ether, including hexa- and heptabromodiphenyl ether, in Annex III to that Convention, with the effect that those chemicals became subject to the PIC procedure under that Convention. Those chemicals should thus be added to the list of chemicals contained in Part 3 of Annex I to Regulation (EU) No 649/2012.

(7) The combined nomenclature code (CN code) is important for determination of the control measures that apply to traded goods. To ease handling of CN codes and identification of the correct control measures that apply to chemicals listed in Annex I to Regulation (EU) No 649/2012, the CN codes that cover more chemicals than those listed in Annex I should be identified by an ex before the CN code.

(8) Regulation (EU) No 649/2012 should therefore be amended accordingly.

(9) It is appropriate to grant some time to all interested parties to take the measures necessary to comply with this Regulation and to Member States to take the measures necessary for its implementation,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EU) No 649/2012 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. It shall apply from 1 February 2016.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 September 2015. For the Commission The President Jean-Claude Juncker

ANNEX

ANNEX

Annex I to Regulation (EU) No 649/2012 is amended as follows:

(1) Part 1 is amended as follows:

(1)

(a) the entry for endosulfan is deleted;

(b) the following entries are added: Chemical CAS No Einecs No CN code (***) Subcategory (*) Use limitation (**) Countries for which no notification is required 1,1-Dichloroethene 75-35-4 200-864-0 ex29032900 i(2) sr 1,1,2-Trichloroethane 79-00-5 201-166-9 ex29031980 i(2) sr 1,1,1,2-Tetrachloroethane 630-20-6 211-135-1 ex29031980 i(2) sr 1,1,2,2-Tetrachloroethane 79-34-5 201-197-8 ex29031980 i(2) sr Dibutyltin compounds 683-18-1 77-58-7 1067-33-0 and others 211-670-0 201-039-8 213-928-8 and others ex29319080 i(2) sr Dioctyltin compounds 3542-36-7 870-08-6 16091-18-2 and others 222-583-2 212-791-1 240-253-6 and others ex29319080 i(2) sr Fenbutatin oxide 13356-08-6 236-407-7 ex29319080 p(1) b Lead compounds 598-63-0 1319-46-6 7446-14-2 7784-40-9 7758-97-6 1344-37-2 25808-74-6 13424-46-9 301-04-2 7446-27-7 15245-44-0 and others 209-943-4 215-290-6 231-198-9 232-064-2 231-846-0 215-693-7 247-278-1 236-542-1 206-104-4 231-205-5 239-290-0 and others ex28369917 ex32064970 ex28332960 ex28429080 ex28415000 ex32062000 ex28269080 ex28500060 ex29152900 ex28352990 ex29089900 i(2) sr Pentachloroethane 76-01-7 200-925-1 ex29031980 i(2) sr Trichlorobenzene 120-82-1 204-428-0 ex29039990 i(2) sr

(c) the term CN code in the column heading is replaced by CN code (***);

(d)(***) the following footnote is added: An ex before a code implies that chemicals other than those referred to in the column Chemical may also fall under that subheading.;

(2) Part 2 is amended as follows:

(2)

(a) the following entry is added: Chemical CAS No Einecs No CN code (***) Category (*) Use limitation (**) Fenbutatin oxide 13356-08-6 236-407-7 ex29319080 p b

(b) the term CN code in the column heading is replaced by CN code (***);

(c)(***) the following footnote is added: An ex before a code implies that chemicals other than those referred to in the column Chemical may also fall under that subheading.;

(3) Part 3 is amended as follows:

(3) (a)————

the following entries are added: Chemical Relevant CAS number(s) HS code Pure substance (**) HS code Mixtures containing substance (**) Category Commercial pentabromodiphenyl ether, including ex 3824.90 ex 3824.90 Industrial tetrabromodiphenyl ether 40088-47-9 pentabromodiphenyl ether 32534-81-9 Commercial octabromodiphenyl ether, including ex 3824.90 ex 3824.90 Industrial hexabromodiphenyl ether 36483-60-0 heptabromodiphenyl ether 68928-80-3

(b) the term HS code Pure substance in the column heading is replaced by HS code Pure substance (**);

(c) the term HS code Mixtures containing substance in the column heading is replaced by HS code Mixtures containing substance (**);

(d)(**) the following footnote is added: An ex before a code implies that chemicals other than those referred to in the column Chemical may also fall under that subheading.

Versions

1. 2015-09-29

Cited by

• Commission Delegated Regulation (EU) 2022/643 of 10 February 2022 amending Regulation (EU) No 649/2012 of the European Parliament and of the Council as regards the listing of pesticides, industrial chemicals, persistent organic pollutants and mercury and an update of customs codes (Text with EEA relevance) Regulation · Grade B

  At its sixth meeting held from 28 April to 10 May 2013, the Conference of the Parties to the Rotterdam Convention decided to include commercial pentabromodiphenyl ether, including tetra- and pentabromodiphenyl ether, as well as commercial octabromodiphenyl ether, including hexa- and heptabromodiphenyl ether, in Annex III to that Convention, with the effect that those chemicals became subject to the prior informed consent procedure under that Convention. Consequently, those chemicals were added to the list of chemicals in Part 3 of Annex I to Regulation (EU) No 649/2012 by Commission Delegated