Commission Delegated Regulation (EU) 2020/1068

Contents

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^note, and in particular points (a) and (c) of Article 23(4) thereof,Whereas:

(1)Regulation (EU) No 649/2012 implements the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade^note (‘the Rotterdam Convention’).

(2)By Implementing Regulations (EU) 2019/677^note, (EU) 2019/989^note, (EU) 2019/1100^note, (EU) 2019/1090^note, (EU) 2018/1532^note, (EU) 2019/344^note, (EU) 2018/1043^note, (EU) 2018/1917^note, (EU) 2018/1019^note, (EU) 2018/309^note, (EU) 2018/1501^note and (EU) 2018/1914^note, the Commission decided not to renew the approval of the substances chlorothalonil, chlorpropham, desmedipham, dimethoate, diquat, ethoprophos, fenamidone, flurtamone, oxasulfuron, propineb, pymetrozine and quinoxyfen, respectively, as active substances under Regulation (EC) No 1107/2009 of the European Parliament and of the Council^note, with the effect that those substances are banned from all uses in the category ‘pesticide’ due to the absence of any other use in that category. Therefore, those substances should be added to the lists of chemicals in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(3)By Implementing Regulation (EU) 2018/1500^note, the Commission decided not to renew the approval of the substance thiram as active substance under Regulation (EC) No 1107/2009, with the effect that that substance is banned from use in the subcategory ‘pesticide in the group of plant protection products’ as referred to in Regulation (EU) No 649/2012. Since thiram is only approved under Regulation (EU) No 528/2012 of the European Parliament and of the Council^note for use in biocidal products for product-type 9, which fall in the subcategory ‘other pesticide including biocides’ as referred to in Regulation (EU) No 649/2012, virtually all use of that substance is prohibited at the level of the category ‘pesticide’. Therefore, thiram is considered severely restricted at the level of the category ‘pesticide’ and thus should be added to the lists of chemicals in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(4)By Implementing Regulation (EU) 2018/1865^note, the Commission decided not to renew the approval of the substance propiconazole as active substance under Regulation (EC) No 1107/2009, with the effect that that substance is banned from use in the subcategory ‘pesticide in the group of plant protection products’. That ban does not amount to a severe restriction of the use of the substance at the level of the category ‘pesticide’, considering that propiconazole is approved for several uses in the subcategory ‘other pesticide including biocides’. Propiconazole has been approved for use in biocidal products of product-types 7, 8 and 9 under Regulation (EU) No 528/2012. Therefore, propiconazole should be added to the list of chemicals in Part 1 of Annex I to Regulation (EU) No 649/2012.

(5)An application for renewal of the approval of clothianidin and thiamethoxam had been submitted, but the applicants withdrew that application after the adoption of the Implementing Regulations (EU) 2018/784^note and (EU) 2018/785^note, by which the Commission decided to amend the conditions of approval of the active substances clothianidin and thiamethoxam, respectively, under Regulation (EC) No 1107/2009. Since those approvals of clothianidin and thiamethoxam expired, the use of those substances is banned in the subcategory ‘pesticide in the group of plant protection products’. That ban amounts to a severe restriction of the use of the substances at the level of the category ‘pesticide’, since virtually all use of clothianidin and thiamethoxam is prohibited as clothianidin and thiamethoxam are only approved for use in biocidal products of product-type 18 under Regulation (EU) No 528/2012 in the subcategory ‘other pesticide including biocides’. Therefore, clothianidin and thiamethoxam should be added to the lists of chemicals in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(6)By Implementing Regulation (EU) 2018/783^note, the Commission decided to amend the conditions of approval of the active substance imidacloprid under Regulation (EC) No 1107/2009, with the effect that the use of that substance is severely restricted in the subcategory ‘pesticide in the group of plant protection products’. That severe restriction does not amount to a severe restriction of the use of the substance at the level of the category ‘pesticide’, considering that imidacloprid is approved for several uses in the subcategory ‘other pesticide including biocides’. Imidacloprid has been approved for use in biocidal products of product-type 18 under Regulation (EU) No 528/2012. In addition, imidacloprid is used in veterinary medicinal products in accordance with Directive 2001/82/EC of the European Parliament and of the Council^note. Therefore, imidacloprid should be added to the list of chemicals in Part 1 of Annex I to Regulation (EU) No 649/2012.

(7)By Implementing Regulation (EU) 2015/404^note, the Commission decided to extend the approval period of the active substance glufosinate under Regulation (EC) No 1107/2009, following an application for renewal of the approval of that active substance. Since that application has been withdrawn, glufosinate is no longer approved as active substance under Regulation (EC) No 1107/2009, with the effect that that substance is banned from all uses in the category ‘pesticide’ due to the absence of any other use in that category. It should therefore be added to the lists of chemicals in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.

(8)At its ninth meeting in May 2019, the Conference of the Parties to the Rotterdam Convention decided to include the substances phorate and hexabromocyclododecane in Annex III to that Convention, with the effect that those substances became subject to the Prior Informed Consent procedure under that Convention. Phorate should therefore be added to the lists of chemicals in Parts 1 and 3 of Annex I to Regulation (EU) No 649/2012. Hexabromocyclododecane is already listed in Annex V to Regulation (EU) No 649/2012 and thus banned for export. Therefore, it should be added to the list of chemicals in Part 3 of Annex I to that Regulation.

(9)Regulation (EU) 2017/852 of the European Parliament and of the Council^note prohibits the export of mercury, certain mixtures of metallic mercury with other substances, certain mercury compounds and certain mercury-added products. Those export bans should be reflected in Part 2 of Annex V to Regulation (EU) No 649/2012.

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

(11)It is appropriate to provide for a reasonable period of time for interested parties to take the measures necessary to comply with this Regulation and for Member States to take the measures necessary for its implementation,

HAS ADOPTED THIS REGULATION:

Article 1 #

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

(a)Annex I is amended in accordance with Annex I to this Regulation;

(b)Annex V is amended in accordance with Annex II 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 September 2020.

Annex I

(1)in Part 1, in the table, the following entries are added:Chemical | CAS No | Einecs No | CN code (***) | Subcategory (*) | Use limitation (**) | Countries for which no notification is requiredChlorothalonil (+) | 1897-45-6 | 217-588-1 | ex29269070 | p(1) | b |Chlorpropham (+) | 101-21-3 | 202-925-7 | ex29242970 | p(1) | b |Clothianidin (+) | 210880-92-5 | n.a. | ex29341000 | p(1) | b |Desmedipham (+) | 13684-56-5 | 237-198-5 | ex29242970 | p(1) | b |Dimethoate (+) | 60-51-5 | 200-480-3 | ex29309098 | p(1) | b |Diquat, includingdiquat dibromide (+) | 2764-72-985-00-7 | 220-433-0201-579-4 | ex29339980 | p(1) | b |Ethoprophos (+) | 13194-48-4 | 236-152-1 | ex29309098 | p(1) | b |Fenamidone (+) | 161326-34-7 | n.a. | ex29332990 | p(1) | b |Flurtamone (+) | 96525-23-4 | n.a. | ex29321900 | p(1) | b |Glufosinate, including glufosinate-ammonium (+) | 51276-47-277182-82-2 | 257-102-5278-636-6 | ex29313990 | p(1) | b |Imidacloprid | 138261-41-3 | n.a. | ex29333999 | p(1) | sr |Oxasulfuron (+) | 144651-06-9 | n.a. | ex29359090 | p(1) | b |Phorate (#) | 298-02-2 | 206-052-2 | ex29309098 | p(1) | b |Propiconazole | 60207-90-1 | 262-104-4 | ex29349990 | p(1) | b |Propineb (+) | 12071-83-99016-72-2 | 235-134-0 | ex29302000 | p(1) | b |Pymetrozine (+) | 123312-89-0 | n.a. | ex29336980 | p(1) | b |Quinoxyfen (+) | 124495-18-7 | n.a. | ex29334990 | p(1) | b |Thiamethoxam (+) | 153719-23-4 | n.a. | ex29341000 | p(1) | b |Thiram (+) | 137-26-8 | 205-286-2 | ex29303000 | p(1)-p(2) | b-sr |

(2)in Part 2, in the table, the following entries are added:Chemical | CAS No | Einecs No | CN code (***) | Category (*) | Use limitation (**)Chlorothalonil | 1897-45-6 | 217-588-1 | ex29269070 | p | bChlorpropham | 101-21-3 | 202-925-7 | ex29242970 | p | bClothianidin | 210880-92-5 | n.a. | ex29341000 | p | srDesmedipham | 13684-56-5 | 237-198-5 | ex29242970 | p | bDimethoate | 60-51-5 | 200-480-3 | ex29309098 | p | bDiquat, includingdiquat dibromide | 2764-72-985-00-7 | 220-433-0201-579-4 | ex29339980 | p | bEthoprophos | 13194-48-4 | 236-152-1 | ex29309098 | p | bFenamidone | 161326-34-7 | n.a. | ex29332990 | p | bFlurtamone | 96525-23-4 | n.a. | ex29321900 | p | bGlufosinate, including glufosinate-ammonium | 51276-47-277182-82-2 | 257-102-5278-636-6 | ex29313990 | p | bOxasulfuron | 144651-06-9 | n.a. | ex29359090 | p | bPropineb | 12071-83-99016-72-2 | 235-134-0 | ex29302000 | p | bPymetrozine | 123312-89-0 | n.a. | ex29336980 | p | bQuinoxyfen | 124495-18-7 | n.a. | ex29334990 | p | bThiamethoxam | 153719-23-4 | n.a. | ex29341000 | p | srThiram | 137-26-8 | 205-286-2 | ex29303000 | p | sr

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

Annex II

(1)in entry 3, the following text is added:Description of chemicals/article(s) subject to export banAdditional details, where relevant (e.g. name of chemical, EC No, CAS No, etc.)

—Mercury (II) sulphate (HgSO₄);

—Mercury (II) nitrate (Hg(NO3)₂).

CAS RNs 7783-35-9, 10045-94-0EC Nos 231-992-5, 233-152-3’;

(2)the following entries are added:NoDescription of chemicals/article(s) subject to export banAdditional details, where relevant (e.g. name of chemical, EC No, CAS No, etc.)‘5Compact fluorescent lamps (CFLs) for general lighting purposes:

(a)CFL.i ≤ 30 watts with a mercury content exceeding 2,5 mg per lamp burner;

(a)Triband phosphor < 60 watts with a mercury content exceeding 5 mg per lamp;

(a)short length (≤ 500 mm) with mercury content exceeding 3,5 mg per lamp;

(b)CFL.ni ≤ 30 watts with a mercury content exceeding 3,5 mg per lamp burner.

(b)Halophosphate phosphor ≤ 40 watts with a mercury content exceeding 10 mg per lamp.

(b)medium length (> 500 mm and ≤ 1500 mm) with mercury content exceeding 5 mg per lamp;

(c)long length (> 1500 mm) with mercury content exceeding 13 mg per lamp.’.

6The following linear fluorescent lamps for general lighting purposes:7High pressure mercury vapour lamps for general lighting purposes.8The following mercury-added cold cathode fluorescent lamps and external electrode fluorescent lamps for electronic displays:

In Annex V to Regulation (EU) No 649/2012, the table of Part 2 is amended as follows:

Article 1#

Article 2#

Annex I

Annex II

Article 1 #

Article 2 #