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 chemicalsnote, and in particular Article 23(4), points (a), (b) and (d) 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 Tradenote (‘the Rotterdam Convention’).
(2)By Implementing Regulations (EU) 2023/149note, (EU) 2023/2657note, (EU) 2023/2456note, (EU) 2024/1207note, (EU) 2023/1436note, (EU) 2024/1217note, (EU) 2023/2455note, (EU) 2023/741note, (EU) 2024/20note and (EU) 2023/2513note, the Commission decided not to renew the approval of the substances benfluralin, benthiavalicarb, clofentezine, dimethomorph, dimoxystrobin, mepanipyrim, metiram, oxamyl, S-metolachlor and triflusulfuron-methyl, respectively, as active substances under Regulation (EC) No 1107/2009 of the European Parliament and of the Councilnote. The effect of that decision is that these substances are banned from all use in the category ‘pesticides’, due to the fact that they have not been approved for any other use in that category. Therefore, benfluralin, benthiavalicarb, clofentezine, dimethomorph, dimoxystrobin, mepanipyrim, metiram, oxamyl, S-metolachlor and triflusulfuron-methyl should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.
(3)By Implementing Regulation (EU) 2023/939note, the Commission decided to withdraw the approval of the substance ipconazole, as active substances under Regulation (EC) No 1107/2009. The effect of that decision is that ipconazole is banned from all use in the category ‘pesticides’, due to the fact that it has not been approved for any other use in that category. Therefore, ipconazole should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.
(4)By Implementing Regulation (EU) 2024/425note, the Commission decided not to approve the active substance asulam-sodium since it has been withdrawn by industry from the approval process under Regulation (EC) No 1107/2009. The effect of that withdrawal is that asulam-sodium is banned from all use in the category ‘pesticides’, due to the fact that it has not been approved for any other use in that category. In addition, the harmonised classification of the substance under Regulation (EC) No 1272/2008 of the European Parliament and of the Councilnote is sufficient evidence that it raises concerns for human health or the environment. Therefore, asulam-sodium should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.
(5)The active substances calcium phosphide, chloridazon, chlorsulfuron, flusilazole, fuberidazole, ioxynil, molinate, oxadiazon, profenofos, quinoclamine, spirotetramat, tralkoxydim and triadimenol have been withdrawn by industry from the approval process under Regulation (EC) No 1107/2009. The effect of that withdrawal is that those substances are banned from all use in the category ‘pesticides’, due to the fact that they have not been approved for any other use in that category. In addition, the harmonised classification of those substances under Regulation (EC) No 1272/2008 is sufficient evidence that the substances raise concerns for human health or the environment. Therefore, those substances should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.
(6)The active substance difenacoum has been withdrawn by industry from the approval process under Regulation (EC) No 1107/2009. The effect of that withdrawal is that difenacoum is banned from use in the subcategory ‘pesticides in the group of plant protection products’. In addition, the harmonised classification of difenacoum under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, difenacoum should be added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012.
(7)The active substance penflufen has been withdrawn by industry from the approval process under Regulation (EC) No 1107/2009. The effect of that withdrawal is that the use of that substance at the level of the category ‘pesticides’ is severely restricted, considering that penflufen is only approved for use in biocidal products under Regulation (EU) No 528/2012 of the European Parliament and of the Councilnote for product-type 8 in the subcategory ‘other pesticides including biocides’. In addition, the harmonised classification of penflufen under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, penflufen should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.
(8)The active substance fenpropimorph has been withdrawn by industry from the approval processes under Regulation (EC) No 1107/2009 and under Regulation (EU) No 528/2012. The effect of those withdrawals is that fenpropimorph is banned from use in the category ‘pesticides’. In addition, the harmonised classification of fenpropimorph under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, fenpropimorph should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.
(9)By Implementing Decisions (EU) 2023/470note and (EU) 2022/2005note, the Commission decided not to approve the substances d-Allethrin and methylene dithiocyanate as active substances under Regulation (EU) No 528/2012. The effect of that decision is that d-Allethrin and methylene dithiocyanate are banned from all use in the category ‘pesticides’, due to the fact that the substances have not been approved for any other use in that category. Therefore, d-Allethrin and methylene dithiocyanate should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.
(10)The active substance bendiocarb has been withdrawn by industry from the approval process under Regulation (EU) No 528/2012. The effect of that withdrawal is that bendiocarb is banned from all use in the category ‘pesticides’, due to the fact that bendiocarb has not been approved for any other use in that category. In addition, the harmonised classification of the substance under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, bendiocarb should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.
(11)By Implementing Decisions (EU) 2023/2377note, (EU) 2023/2052note and (EU) 2023/2648note, the Commission decided not to approve the substances silver copper zeolite, silver sodium hydrogen zirconium phosphate and silver zeolite as active substances for use in biocidal products of product-type 4 under Regulation (EU) No 528/2012. The effect of that decision is that the use of those substances is severely restricted in the category ‘pesticides’, due to the fact that the substances have not been approved for any other use in that category. Therefore, silver copper zeolite, silver sodium hydrogen zirconium phosphate and silver zeolite should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.
(12)By Implementing Decision (EU) 2023/1424note, the Commission decided not to renew the approval of the substance acrolein since it has been withdrawn by industry from the approval process under Regulation (EU) No 528/2012. The effect of that decision is that acrolein is banned from all use in the category ‘pesticides’, due to the fact that the substance has not been approved for any other use in that category. In addition, the harmonised classification of the substance under Regulation (EC) No 1272/2008 is sufficient evidence that it raises concerns for human health or the environment. Therefore, acrolein should be added to the list of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.
(13)The active substance abamectin has been withdrawn by industry from the approval process under Regulation (EU) No 528/2012. The effect of that withdrawal is that abamectin is banned from use in the subcategory ‘other pesticides including biocides’. In addition, the harmonised classification of abamectin under Regulation (EC) No 1272/2008 is sufficient evidence that the substance raises concerns for human health or the environment. Therefore, abamectin should be added to the list of chemicals set out in Part 1 of Annex I to Regulation (EU) No 649/2012.
(14)The active substance warfarin has been withdrawn by industry from the approval process under Regulation (EU) No 528/2012. The effect of that withdrawal is that warfarin is banned from all use in the category ‘pesticides’, due to the fact that warfarin has not been approved for any other use in that category. In addition, the harmonised classification of that substance under Regulation (EC) No 1272/2008 is sufficient evidence that warfarin raises concerns for human health or the environment. Since warfarin is already listed in Part 1 of Annex I, the substance should be added to the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012.
(15)By Implementing Decision (EU) 2023/1097note, the Commission decided not to approve the substance cyanamide as active substance under Regulation (EC) No 528/2012 and cyanamide is not approved as active substance under Regulation (EU) No 1107/2009. Consequently, cyanamide is banned from all use in the category ‘pesticides’ and should be listed in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012. Since cyanamide is already listed in Part 1 of Annex I, the substance should be added to the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012.
(16)The substances 1,2-Benzenedicarboxylic acid, dihexyl ester, branched and linear; dihexyl phthalate; 1,2-benzenedicarboxylic acid, di-C6-10-alkyl esters or mixed decyl and hexyl and octyl diesters; sodium perborate, perboric acid, sodium salt; and sodium peroxometaborate are listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Councilnote since they have been previously identified as substances of very high concern. Consequently, those substances are subject to authorisation in accordance with Title VII of Regulation (EC) No 1907/2006. Since no authorisations have been granted, those substances are severely restricted for industrial use. Therefore, those substances should be added to the lists of chemicals set out in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.
(17)Polychlorinated biphenyls are listed in Annex III to the Rotterdam Convention. That entry covers a number of homologs, congeners and mixtures. To align the listing in Part 3 of Annex I with the listing under the Convention, the scope should be adapted to cover these homologs, congeners and mixtures by adding ‘and others’ to the CAS number provided in Part 3 of Annex I.
(18)At its eleventh meeting held from 1 to 12 May 2023, the Conference of the Parties to the Rotterdam Convention decided to include terbufos in Annex III to that Convention, with the effect that terbufos became subject to the prior informed consent procedure under that Convention. Consequently, terbufos should be added to the list of chemicals set out in Part 3 of Annex I to Regulation (EU) No 649/2012. Since terbufos is already listed in Part 2 of Annex I to that Regulation, terbufos should be removed from the list of chemicals set out in Part 2 of Annex I to Regulation (EU) No 649/2012.
(19)At its tenth meeting held from 6 to 17 June 2022, the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants (‘the Stockholm Convention’) decided to include the substance perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds in Annex A to that Convention. Consequently, that substance was listed in Part A of Annex I to Regulation (EU) 2019/1021 of the European Parliament and of the Councilnote and should therefore be added to the list of chemicals in Part 1 of Annex V to Regulation (EU) No 649/2012.
(20)The entry for endosulfan included in the list of chemicals set out in Part A of Annex V should be amended by adding additional numerical identifiers to clarify the scope in order to align it with Regulation (EU) 2019/1021.
(21)Regulation (EU) No 649/2012 should therefore be amended accordingly.
(22)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:
(1)Annex I is amended in accordance with Annex I to this Regulation;
(2)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 March 2025.
Annex I
(1)in Part 1, in the table, the following entries are added:Chemical | CAS No | EC No | CN code(***) | Subcategory (*) | Use limitation (**) | Countries for which no notification is required1,2-Benzenedicarboxylic acid, dihexyl ester, branched and linear (+) | 68515-50-4 | 271-093-5 | ex29173400 | i(1)-i(2) | sr-b |1,2-benzenedicarboxylic acid, di-C6-10-alkyl esters or mixed decyl and hexyl and octyl diesters (+) | 68648-93-168515-51-5 | 272-013-1271-094-0 | ex38249992 | i(1)-i(2) | sr-b |Abamectin | 71751-41-2 | | ex38089990 | p(2) | b |Acrolein (+) | 107-02-8 | 203-453-4 | ex29121900 | p(2) | b |Asulam-sodium (+) | 2302-17-2 | 218-953-8 | ex29359090 | p(1) | b |Bendiocarb (+) | 22781-23-3 | 245-216-8 | ex29329900 | p(2) | b |Benfluralin (+) | 1861-40-1 | 217-465-2 | ex29214300 | p(1) | b |Benthiavalicarb (+) | 413615-35-7177406-68-7 | | ex29342080 | p(1) | b |Calcium phosphide (+) | 1305-99-3 | 215-142-0 | ex28539090 | p(1) | b |Chloridazon (+) | 1698-60-8 | 216-920-2 | ex29339980 | p(1) | b |Chlorsulfuron (+) | 64902-72-3 | 265-268-5 | ex29359090 | p(1) | b |Clofentezine (+) | 74115-24-5 | 277-728-2 | ex29339980 | p(1) | b |d-Allethrin (+) | 231937-89-6 | | ex29162000 | p(2) | b |Difenacoum | 56073-07-5 | 259-978-4 | ex29322090 | p(1) | b |Dihexyl phthalate (+) | 84-75-3 | 201-559-5 | ex29173400 | i(1)-i(2) | sr-b |Dimethomorph (+) | 110488-70-5 | 404-200-2 | ex29349990 | p(1) | b |Dimoxystrobin (+) | 149961-52-4 | | ex29280090 | p(1) | b |Fenpropimorph (+) | 67564-91-4 | 266-719-9 | ex29349990 | p(1)-p(2) | b-b |Flusilazole (+) | 85509-19-9 | | ex29339980 | p(1) | b |Fuberidazole (+) | 3878-19-1 | 223-404-0 | ex29349990 | p(1) | b |Ioxynil (+) | 1689-83-43861-47-0 | 216-881-1223-375-4 | ex29269070 | p(1) | b |Ipconazole (+) | 125225-28-7115850-69-6115937-89-8 | | ex29339980 | p(1) | b |Mepanipyrim (+) | 110235-47-7 | 432-140-7 | ex29335995 | p(1) | b |Methylene dithiocyanate (+) | 6317-18-6 | 228-652-3 | ex29309098 | p(2) | b |Metiram (+) | 9006-42-2 | | ex38089230 | p(1) | b |Molinate (+) | 2212-67-1 | 218-661-0 | ex29339980 | p(1) | b |Oxadiazon (+) | 19666-30-9 | 243-215-7 | ex29349990 | p(1) | b |Oxamyl (+) | 23135-22-0 | 245-445-3 | ex29309098 | p(1) | b |Penflufen (+) | 494793-67-8 | | ex29331990 | p(1) | b |Profenofos (+) | 41198-08-7 | 255-255-2 | ex29309098 | p(1) | b |Quinoclamine (+) | 2797-51-5 | 220-529-2 | ex29223900 | p(1) | b |Silver copper zeolite (+) | 130328-19-7 | | ex28432900 | p(2) | b |Silver sodium hydrogen zirconium phosphate (+) | 265647-11-8 | 422-570-3 | ex28432900 | p(2) | b |Silver zeolite (+) | 130328-18-6 | | ex28432900 | p(2) | b |S-metolachlor (+) | 87392-12-9 | | ex29242970 | p(1) | b |Sodium perborate, perboric acid, sodium salt (+) | 15120-21-5 | 239-172-9 | ex28403000 | i(1)-i(2) | sr-b |10332-33-910486-00-7 |13517-20-9 | 234-390-090568-23-311138-47-9125022-34-637244-98-7 |and others | and othersSodium peroxometaborate (+) | 7632-04-4 | 231-556-4 | ex28403000 | i(1)-i(2) | sr-b |Spirotetramat (+) | 203313-25-1 | | ex29337900 | p(1) | b |Tralkoxydim (+) | 87820-88-0 | | ex29280090 | p(1) | b |Triadimenol (+) | 55219-65-3 | 259-537-6 | ex29339980 | p(1) | b |Triflusulfuron-methyl (+) | 126535-15-7 | | ex29359090 | p(1) | b |
(2)in Part 1, in the table, the entries for cyanamide, terbufos and warfarin are replaced by the following entries:Chemical | CAS No | EC No | CN code(***) | Subcategory (*) | Use limitation (**) | Countries for which no notification is requiredCyanamide (+) | 420-04-2 | 206-992-3 | ex28539090 | p(1)-p(2) | b-b |Terbufos (#) | 13071-79-9 | 235-963-8 | ex29309098 | p(1) | b |Warfarin (+) | 81-81-2 | 201-377-6 | ex29322090 | p(1)-p(2) | b-b |
(3)in Part 2, in the table, the following entries are added:Chemical | CAS No | EC No | CN code(***) | Category (*) | Use limitation (**)1,2-Benzenedicarboxylic acid, dihexyl ester, branched and linear | 68515-50-4 | 271-093-5 | ex29173400 | i | sr1,2-benzenedicarboxylic acid, di-C6-10-alkyl esters or mixed decyl and hexyl and octyl diesters | 68648-93-168515-51-5 | 272-013-1271-094-0 | ex38249992 | i | srAcrolein | 107-02-8 | 203-453-4 | ex29121900 | p | bAsulam-sodium | 2302-17-2 | 218-953-8 | ex29359090 | p | bBendiocarb | 22781-23-3 | 245-216-8 | ex29329900 | p | bBenfluralin | 1861-40-1 | 217-465-2 | ex29214300 | p | bBenthiavalicarb | 413615-35-7177406-68-7 | | ex29342080 | p | bCalcium phosphide | 1305-99-3 | 215-142-0 | ex28539090 | p | bChloridazon | 1698-60-8 | 216-920-2 | ex29339980 | p | bChlorsulfuron | 64902-72-3 | 265-268-5 | ex29359090 | p | bClofentezine | 74115-24-5 | 277-728-2 | ex29339980 | p | bCyanamide | 420-04-2 | 206-992-3 | ex28539090 | p | bd-Allethrin | 231937-89-6 | | ex29162000 | p | bDihexyl phthalate | 84-75-3 | 201-559-5 | ex29173400 | i | srDimethomorph | 110488-70-5 | 404-200-2 | ex29349990 | p | bDimoxystrobin | 149961-52-4 | | ex29280090 | p | bFenpropimorph | 67564-91-4 | 266-719-9 | ex29349990 | p | bFlusilazole | 85509-19-9 | | ex29339980 | p | bFuberidazole | 3878-19-1 | 223-404-0 | ex29349990 | p | bIoxynil | 1689-83-43861-47-0 | 216-881-1223-375-4 | ex29269070 | p | bIpconazole | 125225-28-7115850-69-6115937-89-8 | | ex29339980 | p | bMepanipyrim | 110235-47-7 | 432-140-7 | ex29335995 | p | bMethylene dithiocyanate | 6317-18-6 | 228-652-3 | ex29309098 | p | bMetiram | 9006-42-2 | | ex38089230 | p | bMolinate | 2212-67-1 | 218-661-0 | ex29339980 | p | bOxadiazon | 19666-30-9 | 243-215-7 | ex29349990 | p | bOxamyl | 23135-22-0 | 245-445-3 | ex29309098 | p | bPenflufen | 494793-67-8 | | ex29331990 | p | srProfenofos | 41198-08-7 | 255-255-2 | ex29309098 | p | bQuinoclamine | 2797-51-5 | 220-529-2 | ex29223900 | p | bSilver copper zeolite | 130328-19-7 | | ex28432900 | p | bSilver sodium hydrogen zirconium phosphate | 265647-11-8 | 422-570-3 | ex28432900 | p | bSilver zeolite | 130328-18-6 | | ex28432900 | p | bS-metolachlor | 87392-12-9 | | ex29242970 | p | bSodium perborate, perboric acid, sodium salt | 15120-21-5 | 239-172-9 | ex28403000 | i | sr10332-33-910486-00-713517-20-990568-23-3 |11138-47-9 | 234-390-0125022-34-637244-98-7 |and others | and othersSodium peroxometaborate | 7632-04-4 | 231-556-4 | ex28403000 | i | srSpirotetramat | 203313-25-1 | | ex29337900 | p | bTralkoxydim | 87820-88-0 | | ex29280090 | p | bTriadimenol | 55219-65-3 | 259-537-6 | ex29339980 | p | bTriflusulfuron-methyl | 126535-15-7 | | ex29359090 | p | bWarfarin | 81-81-2 | 201-377-6 | ex29322090 | p | b
(4)in Part 2, in the table, the following entry is deleted:Chemical | CAS No | EC No | CN code(***) | Category (*) | Use limitation (**)Terbufos | 13071-79-9 | 235-963-8 | ex29309098 | p | b
(5)in Part 3, in the table, the following entry is added:Chemical | Relevant CAS number(s) | HS codePure substance (**) | HS codeMixtures containing substance (**) | CategoryTerbufos | 13071-79-9 | 2930.90 | ex 3808.59 | Pesticide
(6)in Part 3, in the table, the entry on polychlorinated biphenyls is replaced by the following:Chemical | Relevant CAS number(s) | HS codePure substance (**) | HS codeMixtures containing substance (**) | CategoryPolychlorinated biphenyls (PCB) (*) | 1336-36-3 and others | ex 2903.99 | ex 3824.82 | Industrial
Annex I to Regulation (EU) No 649/2012 is amended as follows:
Annex II
(1)the following entry is added:Description of chemicals/article(s) subject to export ban | Additional details, where relevant (e.g. name of chemical, EC No, CAS No, etc.)| Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds | EC No 206-587-1 and othersCAS No 355-46-4 and othersCN code 29049900 and others
(2)the entry on endosulfan is replaced by the following:Description of chemicals/article(s) subject to export ban | Additional details, where relevant (e.g. name of chemical, EC No, CAS No, etc.)| Endosulfan | EC No 204-079-4CAS No 115-29-7, 959-98-8, 33213-65-9CN code ex29203000
In Annex V to Regulation (EU) No 649/2012, the table of Part 1 is amended as follows:
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