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26.1.2013 Official
Journal
of
the
European
Union L
26/11
COMMISSION REGULATION (EU) No 73/2013
of 25 January 2013
amending Annexes I and V 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,
Decision 2006/507/EC ( 6 ) and subsequent regulatory
action in respect of those chemicals taken pursuant to
Regulation (EC) No 850/2004 of the European
Parliament and of the Council of 29 April 2004 on
Having regard to the Treaty on the Functioning of the European
persistent organic pollutants and amending Directive
Union,
79/117/EEC ( 7 ) should also be taken into account.
Having regard to Regulation (EC) No 689/2008 of the European
Parliament and of the Council of 17 June 2008 concerning the
(4) The
substances
acetochlor,
asulam,
chloropicrin
and
export and import of dangerous chemicals (
propargite have not been approved as active substances

1 ), and in particular
Article 22(4) thereof,
under Regulation (EC) No 1107/2009, with the effect
that those 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
Whereas:
689/2008. The addition of acetochlor, asulam,
chloropicrin and propargite to Annex I was suspended
due to a new application for inclusion in Annex I to
Council Directive 91/414/EEC of 15 July 1991
(1) Regulation
(EC)
No
689/2008
implements
the
Rotterdam
concerning the placing of plant protection products on
Convention on the Prior Informed Consent Procedure
the market ( 8 ) submitted pursuant to Article 13 of
(‘PIC procedure’) for certain hazardous chemicals and
Commission Regulation (EC) No 33/2008 of 17 January
pesticides in international trade, signed on 11 September
2008 laying down detailed rules for the application of
1998 and approved, on behalf of the Community, by
Council Directive 91/414/EEC as regards a regular and an
Council Decision 2003/106/EC ( 2 ).
accelerated procedure for the assessment of active
substances which were part of the programme of work
referred to in Article 8(2) of that Directive but have not
been included into its Annex I ( 9 ). That new application
(2) It
is
appropriate
that
regulatory
action
in
respect
of
resulted again in the decision not to approve the
certain chemicals taken pursuant to Regulation (EC) No
substances acetochlor, asulam, chloropicrin and
1107/2009 of the European Parliament and of the
propargite as active substances under Regulation (EC)
Council of 21 October 2009 concerning the placing of
No 1107/2009 with the effect that acetochlor, asulam,
plant protection products on the market and repealing
chloropicrin and propargite remain banned for pesticide
Council Directives 79/117/EEC and 91/414/EEC
( 3 ),
use and that the reason for suspending the addition to
Directive 98/8/EC of the European Parliament and of
Annex I disappeared. Therefore, the substances acet
the Council of 16 February 1998 concerning the
ochlor, asulam, chloropicrin and propargite should be
placing of biocidal products on the market ( 4 ) and Regu
added to the lists of chemicals contained in Parts 1
lation (EC) No 1907/2006 of the European Parliament
and 2 of Annex I to Regulation (EC) No 689/2008.
and of the Council of 18 December 2006 concerning the
Registration, Evaluation, Authorisation and Restriction of
Chemicals (REACH), establishing a European Chemicals
Agency, amending Directive 1999/45/EC and repealing
Council Regulation (EEC) No 793/93 and Commission
(5) The
substance
flufenoxuron
has
not
been
approved
as
an
Regulation (EC) No 1488/94 as well as Council
active substance under Regulation (EC) No 1107/2009
Directive 76/769/EEC and Commission Directives
and the substance flufenoxuron 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 )
be taken into account.
98/8/EC for product type 18, with the effect that flufen
oxuron is severely restricted 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
(3) Decisions
taken
in
respect
of
certain
chemicals
under
the
689/2008 because virtually all use is prohibited despite
Stockholm Convention on persistent organic pollutants
the fact that flufenoxuron has been included in Annex I
(‘the Stockholm Convention’), signed on 22 May 2001
to Directive 98/8/EC for product type 8 and may thus be
and approved, on behalf of the Community, by Council
authorised by Member States for use in wood preserv
atives subject to specific conditions. The addition of
( 1 ) OJ L 204, 31.7.2008, p. 1.
( 2 ) OJ L 63, 6.3.2003, p. 27.
( 6 ) OJ L 209, 31.7.2006, p. 1.
( 3 ) OJ L 309, 24.11.2009, p. 1.
( 7 ) OJ L 158, 30.4.2004, p. 7.
( 4 ) OJ L 123, 24.4.1998, p. 1.
( 8 ) OJ L 230, 19.8.1991, p. 1.
( 5 ) OJ L 396, 30.12.2006, p. 1.
( 9 ) OJ L 15, 18.1.2008, p. 5.

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L 26/12
EN
Official Journal of the European Union
26.1.2013
flufenoxuron to Annex I was suspended due to a new
98/8/EC and dichlorvos has not been included as an
application for inclusion in Annex I to Directive
active substance in Annex I to Directive 91/414/EEC,
91/414/EEC submitted pursuant to Article 13 of Regu
with the effect that dichlorvos is banned for pesticide
lation (EC) No 33/2008. That new application resulted
use. Since dichlorvos is already included in the lists of
again in the decision not to approve flufenoxuron as
chemicals contained in Parts 1 and 2 of Annex I to
active substance under Regulation (EC) No 1107/2009
Regulation (EC) No 689/2008, those entries should be
with the effect that the reason for suspending the
amended to reflect the latest legal developments.
addition to Annex I disappeared. Therefore, the
substance flufenoxuron should be added to the lists of
chemicals contained in Parts 1 and 2 of Annex I to
Regulation (EC) No 689/2008.
(10) The substances bifenthrin and metam have been
approved as active substances under Regulation (EC)
No 1107/2009, with the effect that bifenthrin and
metam are no longer banned for pesticide use.
(6) The
substance
naled
has
not
been
included
as
an
active
Consequently, the active substances bifenthrin and
substance in Annex I, IA or IB to Directive 98/8/EC and
metam should be deleted from Part 1 of Annex I to
naled has not been included as an active substance in
Regulation (EC) No 689/2008.
Annex I to Directive 91/414/EEC, with the effect that
naled 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 (EC) No 689/2008.
(11) The
substance
cyanamide
should
be
removed
from
Part
2
of Annex I to Regulation (EC) No 689/2008 since
evidence was submitted that the ban in the subcategory
‘pesticide in the group of plant protection products’ does
not represent a severe restriction of the use of the
(7) The
substances
2-naphthyloxyacetic
acid,
diphenylamine
and propanil have not been approved as active
substance at the level of the category ‘pesticide’ due to
substances under Regulation (EC) No 1107/2009, with
the fact that cyanamide has important uses as a biocide.
the effect that 2-naphthyloxyacetic acid, diphenylamine
Cyanamide has been identified and notified for evaluation
and propanil are banned for pesticide use and thus
under Directive 98/8/EC. Biocidal products containing
should be added to the lists of chemicals contained in
cyanamide may thus continue to be authorised by
Parts 1 and 2 of Annex I to Regulation (EC) No
Member States in accordance with their national rules,
689/2008. The addition of 2-naphthyloxyacetic acid,
until a decision under that Directive is taken.
diphenylamine and propanil to Part 2 of Annex I was
suspended due to a new application for inclusion in
Annex I to Directive 91/414/EEC submitted pursuant
to Article 13 of Regulation (EC) No 33/2008. This
(12) Regulation (EC) No 850/2004, as amended by
new application resulted again in the decision not to
Commission Regulation (EU) No 519/2012
( 1 )
include the substances 2-naphthyloxyacetic acid, dipheny
implements the decision taken under the Stockholm
lamine and propanil as active substances in Annex I to
Convention to list endosulfan in Part 1 of Annex A to
Directive 91/414/EEC with the effect that 2-naphthylo
the Stockholm Convention by adding that chemical to
xyacetic acid, diphenylamine and propanil remain banned
Part A of Annex I to Regulation (EC) No 850/2004.
for pesticide use and that the reason for suspending the
Consequently, that chemical should be added to Part 1
addition to Part 2 of Annex I disappeared. Therefore, the
of Annex V to Regulation (EC) No 689/2008.
substances 2-naphthyloxyacetic acid, diphenylamine and
propanil should be added to the list of chemicals
contained in Part 2 of Annex I to Regulation (EC) No
689/2008.
(13) Regulation (EC) No 689/2008 should therefore be
amended accordingly.
(8) At
its
fifth
meeting
in
June
2011,
the
Conference
of
the
Parties to the Rotterdam Convention decided to include
(14) In order to allow enough time for industry to take the
alachlor, aldicarb and endosulfan in Annex III to that
measures necessary for compliance with this Regulation
Convention, with the effect that alachlor, aldicarb and
and for Member States to take the measures necessary for
endosulfan became subject to the PIC procedure under
implementation of this Regulation, its application should
that Convention and thus should be removed from the
be deferred.
list of chemicals contained in Part 2 and added to the list
of chemicals contained in Part 3 of Annex I to Regu
lation (EC) No 689/2008.
(15) 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,
(9) The
substance
dichlorvos
has
not
been
included
as
an
active substance in Annex I, IA or IB to Directive
( 1 ) OJ L 159, 20.6.2012, p. 1.

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EN
26.1.2013 Official
Journal
of
the
European
Union L
26/13
HAS ADOPTED THIS REGULATION:
(2) Annex V is amended in accordance with Annex II to this
Regulation.
Article 1
Article 2
Regulation (EC) No 689/2008 is amended as follows:
This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Union.
(1) Annex I is amended in accordance with Annex I to this
Regulation;
It shall apply from 1 April 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 January 2013.
For the Commission
The President
José Manuel BARROSO

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L 26/14
EN
Official Journal of the European Union
26.1.2013
ANNEX I
Annex I to Regulation (EC) No 689/2008 is amended as follows:
(1) Part 1 is amended as follows:
(a) the following entries are added:
Use
Countries for
Chemical CAS
No Einecs
No CN
code
Subcategory
which no
(*)
limitation
(**)
notification is
required
‘Acetochlor + 34256-82-1 251-899-3 2924
29
98 p(1)
b
Asulam + 3337-71-1 222-077-1 2935
00
90 p(1)
b
2302-17-2 218-953-8
Chloropicrin + 76-06-2 200-930-9 2904
90
40 p(1)
b
Flufenoxuron + 101463-69-8 417-680-3 2924
29
98 p(1)-p(2) b-sr
Naled + 300-76-5 206-098-3 2919
90
00 p(1)-p(2) b-b
Propargite + 2312-35-8 219-006-1 2920
90
85 p(1) b’
(b) the entries for alachlor and aldicarb are replaced by the following:
Use
Countries for
Chemical CAS
No Einecs
No CN
code
Subcategory
which no
(*)
limitation
(**)
notification is
required
‘Alachlor # 15972-60-8 240-110-8 2924
29
98 p(1)
b
Aldicarb # 116-06-3 204-123-2 2930
90
99 p(1)-p(2) b-b’
(c) the entry for dichlorvos is replaced by the following:
Use limi
Countries for
Chemical CAS
No Einecs
No CN
code
Subcategory
which no
(*)
tation
(**)
notification is
required
‘Dichlorvos + 62-73-7 200-547-7 2919
90
00 p(1)-p(2) b-b’
(d) the entry for endosulfan is replaced by the following:
Use limi
Countries for
Chemical CAS
No Einecs
No CN
code
Subcategory
which no
(*)
tation
(**)
notification is
required
‘Endosulfan # 115-29-7 204-079-4 2920
90
85 p(1)-p(2) b-b’
(e) the entry for bifenthrin is deleted;
(f) the entry for metam is deleted;

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EN
26.1.2013 Official
Journal
of
the
European
Union L
26/15
(2) Part 2 is amended as follows:
(a) the following entries are added:
Chemical CAS
RN Einecs
No CN
code
Category
Use limitation
(*)
(**)
‘2-naphthyloxyacetic acid 120-23-0 204-380-0 2918
99
90
p
b
Acetochlor 34256-82-1 251-899-3 2924
29
98
p
b
Asulam 3337-71-1 222-077-1 2935
00
90
p
b
2302-17-2 218-953-8
Chloropicrin 76-06-2 200-930-9 2904
90
40
p
b
Diphenylamine 122-39-4 204-539-4 2921
44
00
p
b
Flufenoxuron 101463-69-8 417-680-3 2924
29
98
p sr
Naled 300-76-5 206-098-3 2919
90
00
p
b
Propanil 709-98-8 211-914-6 2924
29
98
p
b
Propargite 2312-35-8 219-006-1 2920
90
85
p b’
(b) the entry for dichlorvos is replaced by the following:
Chemical CAS
RN Einecs
No CN
code
Category
Use limitation
(*)
(**)
‘Dichlorvos 62-73-7 200-547-7 2919
90
00
p b’
(c) the entry for alachlor is deleted;
(d) the entry for aldicarb is deleted;
(e) the entry for cyanamide is deleted;
(f) the entry for endosulfan is deleted;
(3) in Part 3, the following entries are added:
HS code
Chemical
Relevant CAS
HS code
number(s)
Pure substance
Mixtures, preparations
Category
containing substance
‘Alachlor 15972-60-8 2924.29 3808.93 Pesticide
Aldicarb 116-06-3 2930.90 3808.91 Pesticide
Endosulfan 115-29-7 2920.90 3808.91 Pesticide’

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L 26/16
EN
Official Journal of the European Union
26.1.2013
ANNEX II
In Part 1 of Annex V to Regulation (EC) No 689/2008 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.)
‘Endosulfan EC
No
204-079-4
CAS No 115-29-7
CN code 2920 90 85’

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Document Outline

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