Avis juridique important

Commission Regulation (EC) No 300/2002 of 1 February 2002 amending Annex II to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals (Text with EEA relevance) Official Journal L 052 , 22/02/2002 P. 0001 - 0064

Commission Regulation (EC) No 300/2002 of 1 February 2002 amending Annex II to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals(1), as last amended by Commission Regulation (EC) No 2247/98(2), and in particular Article 11(2) thereof, Whereas: (1) Regulation (EEC) No 2455/92 sets up a system of notification and of information concerning imports from and exports to third countries of certain dangerous chemicals. Some of these chemicals are subject to the international Prior Informed Consent (PIC) procedure established by the United Nations Environment Programme (UNEP) and by the Food and Agriculture Organisation (FAO). (2) Regulation (EEC) No 2455/92 provides for the participation of the Community in the international PIC procedure. (3) The UNEP/FAO arrangements have been subsumed in the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (PIC), which was signed on 11 September 1998 and which is being applied voluntarily on an interim basis pending its entry into force. (4) Article 5(3) of Regulation (EEC) No 2455/92 provides, inter alia, that the information in Annex II to that Regulation is to comprise the list of chemicals subject to the international PIC procedure, a list of the countries participating in the PIC scheme and the PIC decisions of importing countries. It is necessary to give exporters additional information by listing interim decisions of participating importing countries in Annex II. (5) A number of amendments have been made to the list of chemicals subject to the international PIC procedure and to the PIC decisions of importing countries. Annex II to Regulation (EEC) No 2455/92 should therefore be amended accordingly. (6) The measures provided for in this Regulation are in accordance with the opinion of the Committee set up pursuant to Article 29 of Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(3), as last amended by Commission Directive 2001/59/EC(4), HAS ADOPTED THIS REGULATION: Article 1 Annex II to Regulation (EEC) No 2455/92 is replaced by the text in the Annex to this Regulation. Article 2 This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 1 February 2002. For the Commission Margot Wallström Member of the Commission (1) OJ L 251, 29.8.1992, p. 13. (2) OJ L 282, 20.10.1998, p. 12. (3) OJ 196, 16.8.1967, p. 1. (4) OJ L 225, 21.8.2001, p. 1. ANNEX "Annex II The information contained in this Annex is based on the PIC Circular XIII - June 2001 1. List of chemicals subject to the international PIC procedure The following chemicals have been introduced in the PIC procedure following control actions reported by participating countries. Decision Guidance Documents (DGDs) have been prepared to help countries to make import decisions concerning those chemicals. Nevertheless, the DGD is not the only information taken into account by countries when they take their import decision. Therefore, the import decision does not necessarily refer to the uses mentioned in the DGD. For some chemicals, the PIC procedure applies to certain specific formulations only. These chemicals are denoted by the symbol (*). For further details please refer to the list of import responses in section 3. >TABLE> 2. List of countries participating in the PIC procedure Afghanistan(1) Albania Algeria Andorra(2) Angola Antigua and Barbuda Argentina Armenia Australia Azerbaijan(3) Bahamas Bahrain Bangladesh Barbados Belarus(4) Belize Benin Bhutan Bolivia Bosnia and Herzegovina Botswana Brazil Brunei Darussalam(5) Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Central African Republic Chad Chile China Colombia Comoros Congo, Democratic Republic of Congo, Republic of Cook Islands Costa Rica Côte d'Ivoire Croatia(6) Cuba Cyprus Czech Republic Djibouti(7) Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea(8) Eritrea(9) Estonia Ethiopia European Union (its Member States and Members of the EEA Agreement)(10) Federated States of Micronesia(11) Fiji Gabon Gambia Georgia Ghana Grenada Guatemala Guinea Guinea-Bissau Guyana(12) Haiti Holy See Honduras Hungary India Indonesia Iran (Islamic Republic of) Iraq Israel Jamaica Japan Jordan Kazakhstan Kenya Korea, Democratic People's Republic of Korea, Republic of Kiribati(13) Kuwait Kyrgyzstan(14) Lao People's Democratic Republic Latvia Lebanon Lesotho Liberia Libyan Arab Jamahiriya Lithuania Macedonia(15) Madagascar Malawi Malaysia Maldives(16) Mali Malta Marshall Islands(17) Mauritania Mauritius Mexico Moldova Monaco(18) Mongolia Morocco Mozambique Myanmar Namibia Nauru(19) Nepal New Zealand Nicaragua Niger Nigeria Oman Pakistan Panama Papua New Guinea Paraguay Peru Philippines Poland(20) Qatar Romania Russian Federation Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Samoa San Marino(21) São Tomé and Príncipe Saudi Arabia Senegal Seychelles(22) Sierra Leone Singapore(23) Slovakia Slovenia Solomon Islands Somalia(24) South Africa Sri Lanka Sudan Suriname Swaziland Switzerland Syrian Arab Republic Tajikistan Tanzania, United Republic of Thailand Togo Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan(25) Tuvalu(26) Uganda Ukraine(27) United Arab Emirates United States of America Uruguay Uzbekistan Vanuatu Venezuela Vietnam Yemen Yugoslavia(28) Zambia Zimbabwe 3. Decisions of participating countries >TABLE> (1) These countries have not yet nominated a DNA. (2) These countries have not yet nominated a DNA. (3) These countries have not yet nominated a DNA. (4) These countries have not yet nominated a DNA. (5) These countries have not yet nominated a DNA. (6) These countries have not yet nominated a DNA. (7) These countries have not yet nominated a DNA. (8) These countries have not yet nominated a DNA. (9) These countries have not yet nominated a DNA. (10) Member States of the European Union: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom. Members of the EEA Agreement: European Union, Iceland, Liechtenstein, Norway. (11) These countries have not yet nominated a DNA. (12) These countries have not yet nominated a DNA. (13) These countries have not yet nominated a DNA. (14) These countries have not yet nominated a DNA. (15) These countries have not yet nominated a DNA. (16) These countries have not yet nominated a DNA. (17) These countries have not yet nominated a DNA. (18) These countries have not yet nominated a DNA. (19) These countries have not yet nominated a DNA. (20) These countries have not yet nominated a DNA. (21) These countries have not yet nominated a DNA. (22) These countries have not yet nominated a DNA. (23) These countries have not yet nominated a DNA. (24) These countries have not yet nominated a DNA. (25) These countries have not yet nominated a DNA. (26) These countries have not yet nominated a DNA. (27) Focal point only. (28) These countries have not yet nominated a DNA."

Commission Regulation (EC) No 300/2002

of 1 February 2002

amending Annex II to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals(1), as last amended by Commission Regulation (EC) No 2247/98(2), and in particular Article 11(2) thereof,

Whereas:

(1) Regulation (EEC) No 2455/92 sets up a system of notification and of information concerning imports from and exports to third countries of certain dangerous chemicals. Some of these chemicals are subject to the international Prior Informed Consent (PIC) procedure established by the United Nations Environment Programme (UNEP) and by the Food and Agriculture Organisation (FAO).

(2) Regulation (EEC) No 2455/92 provides for the participation of the Community in the international PIC procedure.

(3) The UNEP/FAO arrangements have been subsumed in the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (PIC), which was signed on 11 September 1998 and which is being applied voluntarily on an interim basis pending its entry into force.

(4) Article 5(3) of Regulation (EEC) No 2455/92 provides, inter alia, that the information in Annex II to that Regulation is to comprise the list of chemicals subject to the international PIC procedure, a list of the countries participating in the PIC scheme and the PIC decisions of importing countries. It is necessary to give exporters additional information by listing interim decisions of participating importing countries in Annex II.

(5) A number of amendments have been made to the list of chemicals subject to the international PIC procedure and to the PIC decisions of importing countries. Annex II to Regulation (EEC) No 2455/92 should therefore be amended accordingly.

(6) The measures provided for in this Regulation are in accordance with the opinion of the Committee set up pursuant to Article 29 of Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(3), as last amended by Commission Directive 2001/59/EC(4),

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EEC) No 2455/92 is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 February 2002.

For the Commission

Margot Wallström

Member of the Commission

(1) OJ L 251, 29.8.1992, p. 13.

(2) OJ L 282, 20.10.1998, p. 12.

(3) OJ 196, 16.8.1967, p. 1.

(4) OJ L 225, 21.8.2001, p. 1.

ANNEX

"Annex II

The information contained in this Annex is based on the PIC Circular XIII - June 2001

1. List of chemicals subject to the international PIC procedure

The following chemicals have been introduced in the PIC procedure following control actions reported by participating countries.

Decision Guidance Documents (DGDs) have been prepared to help countries to make import decisions concerning those chemicals. Nevertheless, the DGD is not the only information taken into account by countries when they take their import decision.

Therefore, the import decision does not necessarily refer to the uses mentioned in the DGD.

For some chemicals, the PIC procedure applies to certain specific formulations only. These chemicals are denoted by the symbol (*). For further details please refer to the list of import responses in section 3.

>TABLE>

2. List of countries participating in the PIC procedure

Afghanistan(1)

Albania

Algeria

Andorra(2)

Angola

Antigua and Barbuda

Argentina

Armenia

Australia

Azerbaijan(3)

Bahamas

Bahrain

Bangladesh

Barbados

Belarus(4)

Belize

Benin

Bhutan

Bolivia

Bosnia and Herzegovina

Botswana

Brazil

Brunei Darussalam(5)

Bulgaria

Burkina Faso

Burundi

Cambodia

Cameroon

Canada

Cape Verde

Central African Republic

Chad

Chile

China

Colombia

Comoros

Congo, Democratic Republic of

Congo, Republic of

Cook Islands

Costa Rica

Côte d'Ivoire

Croatia(6)

Cuba

Cyprus

Czech Republic

Djibouti(7)

Dominica

Dominican Republic

Ecuador

Egypt

El Salvador

Equatorial Guinea(8)

Eritrea(9)

Estonia

Ethiopia

European Union (its Member States and Members of the EEA Agreement)(10)

Federated States of Micronesia(11)

Fiji

Gabon

Gambia

Georgia

Ghana

Grenada

Guatemala

Guinea

Guinea-Bissau

Guyana(12)

Haiti

Holy See

Honduras

Hungary

India

Indonesia

Iran (Islamic Republic of)

Iraq

Israel

Jamaica

Japan

Jordan

Kazakhstan

Kenya

Korea, Democratic People's Republic of

Korea, Republic of

Kiribati(13)

Kuwait

Kyrgyzstan(14)

Lao People's Democratic Republic

Latvia

Lebanon

Lesotho

Liberia

Libyan Arab Jamahiriya

Lithuania

Macedonia(15)

Madagascar

Malawi

Malaysia

Maldives(16)

Mali

Malta

Marshall Islands(17)

Mauritania

Mauritius

Mexico

Moldova

Monaco(18)

Mongolia

Morocco

Mozambique

Myanmar

Namibia

Nauru(19)

Nepal

New Zealand

Nicaragua

Niger

Nigeria

Oman

Pakistan

Panama

Papua New Guinea

Paraguay

Peru

Philippines

Poland(20)

Qatar

Romania

Russian Federation

Rwanda

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Samoa

San Marino(21)

São Tomé and Príncipe

Saudi Arabia

Senegal

Seychelles(22)

Sierra Leone

Singapore(23)

Slovakia

Slovenia

Solomon Islands

Somalia(24)

South Africa

Sri Lanka

Sudan

Suriname

Swaziland

Switzerland

Syrian Arab Republic

Tajikistan

Tanzania, United Republic of

Thailand

Togo

Tonga

Trinidad and Tobago

Tunisia

Turkey

Turkmenistan(25)

Tuvalu(26)

Uganda

Ukraine(27)

United Arab Emirates

United States of America

Uruguay

Uzbekistan

Vanuatu

Venezuela

Vietnam

Yemen

Yugoslavia(28)

Zambia

Zimbabwe

3. Decisions of participating countries

>TABLE>

(1) These countries have not yet nominated a DNA.

(2) These countries have not yet nominated a DNA.

(3) These countries have not yet nominated a DNA.

(4) These countries have not yet nominated a DNA.

(5) These countries have not yet nominated a DNA.

(6) These countries have not yet nominated a DNA.

(7) These countries have not yet nominated a DNA.

(8) These countries have not yet nominated a DNA.

(9) These countries have not yet nominated a DNA.

(10) Member States of the European Union: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom.

Members of the EEA Agreement: European Union, Iceland, Liechtenstein, Norway.

(11) These countries have not yet nominated a DNA.

(12) These countries have not yet nominated a DNA.

(13) These countries have not yet nominated a DNA.

(14) These countries have not yet nominated a DNA.

(15) These countries have not yet nominated a DNA.

(16) These countries have not yet nominated a DNA.

(17) These countries have not yet nominated a DNA.

(18) These countries have not yet nominated a DNA.

(19) These countries have not yet nominated a DNA.

(20) These countries have not yet nominated a DNA.

(21) These countries have not yet nominated a DNA.

(22) These countries have not yet nominated a DNA.

(23) These countries have not yet nominated a DNA.

(24) These countries have not yet nominated a DNA.

(25) These countries have not yet nominated a DNA.

(26) These countries have not yet nominated a DNA.

(27) Focal point only.

(28) These countries have not yet nominated a DNA."