HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
26.2.2011 Official
Journal
of
the
European
Union L
53/41
COMMISSION REGULATION (EU) No 186/2011
of 25 February 2011
amending Annex I to Regulation (EC) No 689/2008 of the European Parliament and of the Council
concerning the export and import of dangerous chemicals
THE EUROPEAN COMMISSION,
those active substances are banned for pesticide use and
thus should be added to the lists of chemicals contained
in Parts 1 and 2 of Annex I to Regulation (EC) No
Having regard to the Treaty on the Functioning of the European
689/2008. The addition of those substances to Part 2
Union,
of Annex I was suspended due to the new application
for approval under Directive 91/414/EEC submitted
Having regard to Regulation (EC) No 689/2008 of the European
pursuant to Article 13 of Commission Regulation (EC)
Parliament and of the Council of 17 June 2008 concerning the
No 33/2008 of 17 January 2008 laying down detailed
export and import of dangerous chemicals (
rules for the application of Council Directive 91/414/EEC

1 ), and in particular
Article 22(4) thereof,
as regards a regular and an accelerated procedure for the
assessment of active substances which were part of the
programme of work referred to in Article 8(2) of that
Whereas:
Directive but have not been included into its Annex I ( 6 ).
This new application has been withdrawn by the
applicants with the effect that the reason for suspending
(1) Regulation
(EC)
No
689/2008
implements
the
Rotterdam
the addition to Part 2 of Annex I has disappeared.
Convention on the Prior Informed Consent Procedure for
Therefore, the substances benfuracarb, cadusafos,
Certain Hazardous Chemicals and pesticides in Inter
carbofuran and tricyclazole should be added to the
national Trade, signed on 11 September 1998 and
list of chemicals contained in Part 2 of Annex I to
approved, on behalf of the Community, by Council
Regulation (EC) No 689/2008.
Decision 2003/106/EC ( 2 ).
(2) Annex
I
to
Regulation
(EC)
No
689/2008
should
be
amended to take into account regulatory action in
(5) The
substance
methomyl
has
been
included
as
an
active
respect of certain chemicals taken pursuant to Council
substance in Annex I to Directive 91/414/EEC with the
Directive 91/414/EEC of 15 July 1991 concerning the
effect that methomyl is no longer banned for use in the
placing of plant protection products on the market (
subcategory ‘pesticide in the group of plant protection

3 ),
Directive 98/8/EC of the European Parliament and of the
products’. Consequently the entry in Part 1 of Annex I to
Council of 16 February 1998 concerning the placing of
Regulation (EC) No 689/2008 should be amended to
biocidal products on the market (
reflect that change.

4 ) and Regulation (EC)
No 1907/2006 of the European Parliament and of the
Council of 18 December 2006 concerning the regis
tration, evaluation, authorisation and restriction of
chemicals (REACH), establishing a European Chemicals
(6) The
substance
malathion
has
been
included
as
an
active
Agency, amending Directive 1999/45/EC and repealing
substance in Annex I to Directive 91/414/EEC with the
Council Regulation (EEC) No 793/93 and Commission
effect that malathion is no longer banned for use in the
Regulation (EC) No 1488/94 as well as Council
subcategory ‘pesticide in the group of plant protection
Directive 76/769/EEC and Commission Directives
products’; the substance malathion has not been included
91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (
as an active substance in Annex I, IA or IB to Directive

5 ).
98/8/EC with the effect that malathion is banned for use
in the subcategory ‘other pesticide including biocides’.
(3) The
substance
chlorate
has
not
been
included
as
an
active
Consequently the entry in Part 1 of Annex I to Regu
substance in Annex I to Directive 91/414/EEC and the
lation (EC) No 689/2008 should be amended to reflect
substance chlorate has not been included as an active
those changes.
substance in Annex I, IA or IB to Directive 98/8/EC,
with the effect that chlorate is banned for pesticide use
and thus should be added to the lists of chemicals
contained in Parts 1 and 2 of Annex I to Regulation
(7) A
new
application
pursuant
to
Article
13
of
Regulation
(EC) No 689/2008.
(EC) No 33/2008 was submitted for the active substance
flurprimidol that will require a new decision on inclusion
in Annex I to Directive 91/414/EEC and thus flur
(4) The
substances
benfuracarb,
cadusafos,
carbofuran
and
primidol should be deleted from the list of chemicals
tricyclazole have not been included as active substances
contained in Part 2 of Annex I to Regulation (EC)
in Annex I to Directive 91/414/EEC, with the effect that
No 689/2008. The decision on the addition to the list
of chemicals in Part 2 of Annex I should not be taken
( 1 ) OJ L 204, 31.7.2008, p. 1.
before the new decision on the status of the substance
( 2 ) OJ L 63, 6.3.2003, p. 27.
under Directive 91/414/EEC is available.
( 3 ) OJ L 230, 19.8.1991, p. 1.
( 4 ) OJ L 123, 24.4.1998, p. 1.
( 5 ) OJ L 396, 30.12.2006, p. 1.
( 6 ) OJ L 15, 18.1.2008, p. 5.

---

L 53/42
EN
Official Journal of the European Union
26.2.2011
(8) The
entries
in
Parts
1
and
2
of
Annex
I
to
Regulation HAS ADOPTED THIS REGULATION:
(EC) No 689/2008 relating to the substance paraquat are
not coherent and sufficiently clear as regards code
numbers and should thus be amended by inserting the
most relevant code numbers.
Article 1
Annex I to Regulation (EC) No 689/2008 is amended in
(9) Annex
I
to
Regulation
(EC)
No
689/2008
should accordance with the Annex to this Regulation.
therefore be amended accordingly.
(10) In
order
to
allow
enough
time
for
Member
States
and
Article 2
industry to take the necessary measures, the application
of this Regulation should be deferred.
This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.
(11) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Committee estab
lished by Article 133 of Regulation (EC) No 1907/2006,
It shall apply from 1 May 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 February 2011.
For the Commission
The President
José Manuel BARROSO

---

EN
26.2.2011 Official
Journal
of
the
European
Union L
53/43
ANNEX
Annex I to Regulation (EC) No 689/2008 is amended as follows:
(1) Part 1 is amended as follows:
(a) the following entry is added:
Countries for
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use limitation
which no
(**)
notification is
required
‘Chlorate + 7775-09-9 231-887-4 2829
11
00 p(1) b’
10137-74-3 233-378-2 2829
19
00
(b) the entry for paraquat is replaced by the following:
Countries for
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use limitation
which no
(**)
notification is
required
‘Paraquat + 4685-14-7 225-141-7 2933
39
99 p(1) b’
1910-42-5 217-615-7
2074-50-2 218-196-3
(c) the entry for malathion is replaced by the following:
Countries for
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use limitation
which no
(**)
notification is
required
‘Malathion 121-75-5 204-497-7 2930
90
99 p(2) b’
(d) the entry for methomyl is replaced by the following:
Countries for
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use limitation
which no
(**)
notification is
required
‘Methomyl 16752-77-5 240-815-0 2930
90
99 p(2) b’
(2) Part 2 is amended as follows:
(a) the following entries are added:
Chemical CAS
RN Einecs
No CN
code Category
(*) Use
limitation
(**)
‘Benfuracarb 82560-54-1 n.a. 2932
99
00
p
b
Cadusafos 95465-99-9 n.a. 2930
90
99
p
b
Carbofuran 1563-66-2 216-353-0 2932
99
00
p
b
Chlorate 7775-09-9 231-887-4 2829
11
00
p
b
10137-74-3 233-378-2 2829
19
00
Tricyclazole 41814-78-2 255-559-5 2934
99
90
p b’

---

L 53/44
EN
Official Journal of the European Union
26.2.2011
(b) the entry for paraquat is replaced by the following:
Chemical CAS
RN Einecs
No CN
code Category
(*) Use
limitation
(**)
‘Paraquat 4685-14-7 225-141-7 2933
39
99
p b’
1910-42-5 217-615-7
2074-50-2 218-196-3
(c) the following entry is deleted:
Chemical CAS
RN Einecs
No CN
code Category
(*) Use
limitation
(**)
‘Flurprimidol 56425-91-3 n.a. 2933
59
95
p b’

---