HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 59/8
EN
Official Journal of the European Union
4.3.2011
COMMISSION REGULATION (EU) No 214/2011
of 3 March 2011
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,
Stockholm Convention), signed on 22 May 2001 and
approved, on behalf of the Community, by Council
Decision 2006/507/EC ( 6 ) and subsequent regulatory
action in respect of those chemicals taken pursuant to
Having regard to the Treaty on the Functioning of the European
Regulation (EC) No 850/2004 of the European
Union,
Parliament and of the Council of 29 April 2004 on
persistent organic pollutants and amending Directive
79/117/EEC ( 7 ). Annex V should also be amended to
reflect regulatory action taken to ban the export of
Having regard to Regulation (EC) No 689/2008 of the European
certain chemicals other than persistent organic pollutants.
Parliament and of the Council of 17 June 2008 concerning the
export and import of dangerous chemicals ( 1 ), and in particular
Article 22(4) thereof,
(4) The
substances
diphenylamine,
triazoxide
and
tri
flumuron have not been included as active substances
in Annex I to Directive 91/414/EEC, with the effect
Whereas:
that 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 689/2008. Since new applications were submitted
(1) Regulation
(EC)
No
689/2008
implements
the
Rotterdam
that will require new decisions on inclusion in Annex I
Convention on the Prior Informed Consent Procedure for
to Directive 91/414/EEC, the addition to the list of
certain hazardous chemicals and pesticides in inter
chemicals contained in Part 2 of Annex I to Regulation
national trade, signed on 11 September 1998 and
(EC) No 689/2008 should not be applied until the new
approved, on behalf of the Community, by Council
decisions on the status of those chemicals are adopted.
Decision 2003/106/EC ( 2 ).
(5)
The substances bifenthrin and metam have not been
(2) Annex
I
to
Regulation
(EC)
No
689/2008
should
be
included as active substances in Annex I to Directive
amended to take into account regulatory action in
91/414/EEC; as far as Directive 98/8/EC is concerned
respect of certain chemicals taken pursuant to Council
those substances have been identified and notified for
Directive 91/414/EEC of 15 July 1991 concerning the
evaluation. As a result bifenthrin and metam are
placing of plant protection products on the market ( 3 ),
severely restricted for pesticide use since the use of
Directive 98/8/EC of the European Parliament and of the
both substances is almost completely prohibited despite
Council of 16 February 1998 concerning the placing of
the fact that they may continue to be authorised by
biocidal products on the market ( 4 ) and Regulation (EC)
Member States until a decision under Directive 98/8/EC
No 1907/2006 of the European Parliament and of the
is taken. It is therefore appropriate to add bifenthrin and
Council of 18 December 2006 concerning the regis
metam to the list of chemicals contained in Parts 1 and 2
tration, evaluation, authorisation and restriction of
of Annex I to Regulation (EC) No 689/2008. Since new
chemicals (REACH), establishing a European Chemicals
applications were submitted that will require new
Agency, amending Directive 1999/45/EC and repealing
decisions on inclusion in Annex I to Directive
Council Regulation (EEC) No 793/93 and Commission
91/414/EEC, the addition to the list of chemicals
Regulation (EC) No 1488/94 as well as Council
contained in Part 2 of Annex I to Regulation (EC) No
Directive 76/769/EEC and Commission Directives
689/2008 should not be applied until the new decisions
91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC ( 5 ).
on the status of those chemicals are adopted.
(3) Annex
V
to
Regulation
(EC)
No
689/2008
should
be
amended to take into account decisions taken in
(6) The
substance
carbosulfan
has
not
been
included
as
an
respect of certain chemicals under the Stockholm
active substance in Annex I to Directive 91/414/EEC,
Convention on persistant organic pollutants (the
with the effect that carbosulfan 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)
( 1 ) OJ L 204, 31.7.2008, p. 1.
No 689/2008. The addition of carbosulfan to Part 2 of
( 2 ) OJ L 63, 6.3.2003, p. 27.
( 3 ) OJ L 230, 19.8.1991, p. 1.
( 4 ) OJ L 123, 24.4.1998, p. 1.
( 6 ) OJ L 209, 31.7.2006, p. 1.
( 5 ) OJ L 396, 30.12.2006, p. 1.
( 7 ) OJ L 158, 30.4.2004, p. 7.

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EN
4.3.2011 Official
Journal
of
the
European
Union L
59/9
Annex I was suspended due to a new application for
(11) Commission
Regulation
(EU)
No
757/2010
of
24
August
inclusion in Annex I to Directive 91/414/EEC
2010 amending Regulation (EC) No 850/2004 of the
submitted pursuant to Article 13 of Commission Regu
European Parliament and of the Council on persistent
lation (EC) No 33/2008 of 17 January 2008 laying down
organic pollutants as regards Annexes I and III ( 2 )
detailed rules for the application of Council Directive
implements decisions taken under the Stockholm
91/414/EEC as regards a regular and an accelerated
Convention to list chlordecone, pentachlorobenzene,
procedure for the assessment of active substances
hexabromobiphenyl, hexachlorocyclohexanes, lindane,
which were part of the programme of work referred to
tetrabromodiphenyl ether, pentabromodiphenyl ether,
in Article 8(2) of that Directive but have not been
hexabromodiphenyl ether and heptabromodiphenyl
included into its Annex I ( 1 ). This new application has
ether in Part 1 of Annex A to the Stockholm Convention
been withdrawn by the applicant with the effect that the
by adding those chemicals to Part A of Annex I to
reason for suspending the addition to Part 2 of Annex I
Regulation (EC) No 850/2004. Consequently, those
disappeared. Therefore, the substance carbosulfan should
chemicals should be added to Part 1 of Annex V to
be added to the list of chemicals contained in Part 2 of
Regulation (EC) No 689/2008.
Annex I to Regulation (EC) No 689/2008.
(12) Regulation (EC) No 1102/2008 of the European
Parliament and of the Council of 22 October 2008 on
(7) The
substance
trifluralin
has
not
been
included
as
an
the banning of exports of metallic mercury and certain
active substance in Annex I to Directive 91/414/EEC,
mercury compounds and mixtures and the safe storage of
with the effect that trifluralin is banned for pesticide
metallic mercury ( 3 ) bans the export of metallic mercury
use and thus should be added to the lists of chemicals
and certain mercury compounds and mixtures from the
contained in Parts 1 and 2 of Annex I to Regulation (EC)
European Union to third countries. Consequently, those
No 689/2008. The addition of trifluralin to Part 2 of
chemicals should be added to the list of chemicals
Annex I was suspended due to a new application for
contained in Part 2 of Annex V to Regulation (EC) No
inclusion in Annex I to Directive 91/414/EEC
689/2008. Moreover, the entry for mercury compounds
submitted pursuant to Article 13 of Regulation (EC)
in Part 1 of Annex I should be modified to reflect the
No 33/2008. This new application resulted again in the
export ban of certain mercury compounds and the
decision not to include the substance trifluralin as an
current status of mercury compounds under Directive
active substance in Annex I to Directive 91/414/EEC
98/8/EC.
with the effect that trifluralin remains banned for
pesticide use and that the reason for suspending the
addition to Part 2 of Annex I disappeared. Therefore,
the substance trifluralin should be added to the list of
(13) Annexes
I
and
V
to
Regulation
(EC)
No
689/2008
should
chemicals contained in Part 2 of Annex I to Regulation
therefore be amended accordingly.
(EC) No 689/2008.
(14) In
order
to
allow
enough
time
for
Member
States
and
industry to take the measures necessary for the imple
(8) The
substance
chlorthal-dimethyl
has
not
been
included
mentation of this Regulation, its application should be
as an active substance in Annex I to Directive
deferred.
91/414/EEC with the effect that chlorthal-dimethyl is
banned for pesticide use and thus should be added to
the lists of chemicals contained in Parts 1 and 2 of
(15) The
measures
provided
for
in
this
Regulation
are
in
Annex I to Regulation (EC) No 689/2008.
accordance with the opinion of the Committee estab
lished by Article 133 of Regulation (EC) No 1907/2006,
(9) The
chemicals
chlordecone,
hexabromobiphenyl,
hexa
chlorocyclohexanes, lindane and pentabromodiphenyl
HAS ADOPTED THIS REGULATION:
ether will be added to the list of chemicals that are
banned for export included in Part 1 of Annex V to
Regulation (EC) No 689/2008. Therefore, it is no
Article 1
longer necessary to keep those chemicals in Parts 1
and 2 of Annex I to that Regulation and consequently
Regulation (EC) No 689/2008 is amended as follows:
the entries should be deleted.
1. Annex I is amended in accordance with Annex I to this
Regulation.
(10) The chemicals hexabromobiphenyl, hexachlorocyclo
hexane (HCH) and lindane are already listed in Part 3
of Annex I to Regulation (EC) No 689/2008. Their
2. Annex V is amended in accordance with Annex II to this
addition to Part 1 of Annex V to that Regulation
Regulation.
should therefore be reflected in Part 3 of Annex I.
( 2 ) OJ L 223, 25.8.2010, p. 29.
( 1 ) OJ L 15, 18.1.2008, p. 5.
( 3 ) OJ L 304, 14.11.2008, p. 75.

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L 59/10
EN
Official Journal of the European Union
4.3.2011
Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the
European Union.
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, 3 March 2011.
For the Commission
The President
José Manuel BARROSO

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EN
4.3.2011 Official
Journal
of
the
European
Union L
59/11
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:
Countries for
Chemical CAS
No Einecs
No CN
code
Subcategory Use limitation
which no
(*)
(**)
notification
is required
‘Bifenthrin 82657-04-3 2916
20
00 p(1)
b
Chlorthal-dimethyl + 1861-32-1 217-464-7 2917
39
95 p(1)
b
Diphenylamine 122-39-4 204-539-4 2921
44
00 p(1)
b
Metam 144-54-7
205-632-2
2930 20 00 p(1)
b
137-42-8
205-239-0
Triazoxide 72459-58-6 276-668-4 2933
29
90 p(1)
b
Triflumuron 64628-44-0 264-980-3 2924
29
98 p(1) b’
(b) the entry for mercury compounds is replaced by the following:
Countries for
Chemical CAS
No Einecs
No CN
code
Subcategory Use limitation
which no
(*)
(**)
notification
is required
‘Mercury compounds,
62-38-4,
200-532-5,
2852 00 00 p(1)-p(2) b-b Please
refer
including inorganic 26545-49-3
247-783-7
to PIC
mercury compounds, and others
and others
circular at
alkyl mercury
www.pic.
compounds and alky
int/’
loxyalkyl and aryl
mercury compounds
except mercury
compounds listed in
Annex V #
(c) the entry for polybrominated biphenyls is replaced by the following:
Countries for
Chemical CAS
No Einecs
No CN
code
Subcategory Use limitation
which no
(*)
(**)
notification
is required
‘Polybrominated
13654-09-6,
237-137-2,
2903 69 90 i(1) sr Please
refer
biphenyls (PBB)
27858-07-7
248-696-7
to PIC
except hexabromo
and others
and others
circular at
biphenyl #
www.pic.
int/’
(d) the following entry is deleted:
Countries for
Chemical CAS
No Einecs
No CN
code
Subcategory Use limitation
which no
(*)
(**)
notification
is required
‘Chlordecone 143-50-0 205-601-3 2914
70
00 p(2) sr’

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L 59/12
EN
Official Journal of the European Union
4.3.2011
(e) the following entry is deleted:
Countries for
Chemical CAS
No Einecs
No CN
code
Subcategory Use limitation
which no
(*)
(**)
notification
is required
‘Pentabromodiphenyl
32534-81-9 251-084-2 2909
30
31 i(1) sr’
ether +
(f) the following entry is deleted:
Countries for
Chemical CAS
No Einecs
No CN
code
Subcategory Use limitation
which no
(*)
(**)
notification
is required
‘HCH/Hexachloro
608-73-1 210-168-9 2903
51
00 p(1)-p(2) b-sr Please
refer
cyclohexane (mixed
to PIC
isomers) #
circular at
www.pic.
int/’
(g) the following entry is deleted:
Countries for
Chemical CAS
No Einecs
No CN
code
Subcategory Use limitation
which no
(*)
(**)
notification
is required
‘Lindane (γ-HCH) # 58-89-9 200-401-2 2903
51
00 p(1)-p(2) b-sr Please
refer
to PIC
circular at
www.pic.
int/’
(2) Part 2 is amended as follows:
(a) the following entries are added:
Chemical CAS
RN Einecs
No CN
code Category
(*) Use
limitation
(**)
‘Carbosulfan 55285-14-8 259-565-9 2932
99
00
p
b
Chlorthal-
1861-32-1 217-464-7 2917
39
95
p
b
dimethyl
Trifluralin 1582-09-8 216-428-8 2921
43
00
p b’
(b) the following entry is deleted:
Chemical CAS
RN Einecs
No CN
code Category
(*) Use
limitation
(**)
‘Pentabromo
32534-81-9 251-084-2 2909
30
31
i sr’
diphenyl ether
(3) Part 3 is amended as follows:
(a) the entry for HCH (mixed isomers) is replaced by the following:
HS code
Chemical
Relevant CAS
HS code
number(s)
Pure substance
Mixtures, preparations
Category
containing substance
‘HCH (mixed isomers) (*) 608-73-1 2903.51 3808.50 Pesticide’

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EN
4.3.2011 Official
Journal
of
the
European
Union L
59/13
(b) the entry for lindane is replaced by the following:
HS code
Chemical
Relevant CAS
HS code
number(s)
Pure substance
Mixtures, preparations
Category
containing substance
‘Lindane (*) 58-89-9 2903.51 3808.50 Pesticide’
(c) the entry for polybrominated biphenyls (PBB) is replaced by the following:
HS code
Chemical
Relevant CAS
HS code
number(s)
Pure substance
Mixtures, preparations
Category
containing substance
‘Polybrominated biphenyls
(PBB)
— (hexa-) (*) 36355-01-8
— 3824.82 Industrial’
— (octa-) 27858-07-7
— (deca-) 13654-09-6

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L 59/14
EN
Official Journal of the European Union
4.3.2011
ANNEX II
Annex V to Regulation (EC) No 689/2008 is amended as follows:
(1) in Part 1 the following entries are added:
Description of chemicals/article(s)
subject to export ban
Additional details, where relevant (e.g. name of chemical, EC No, CAS No, etc.)
‘Chlordecone EC
No
205-601-3
CAS No 143-50-0
CN code 2914 70 00
Pentachlorobenzene EC
No
210-172-5
CAS No 608-93-5
CN code 2903 69 90
Hexabromobiphenyl EC
No
252-994-2
CAS No 36355-01-8
CN code 2903 69 90
Hexachlorocyclohexanes, including lindane EC
No
200-401-2,
206-270-8,
206-271-3, 210-168-9
CAS No 58-89-9, 319-84-6,
319-85-7, 608-73-1
CN code 2903 51 00
Tetrabromodiphenyl ether
EC No 254-787-2 and others
C 12 H 6 Br 4 O
CAS No 40088-47-9 and others
CN code 2909 30 38
Pentabromodiphenyl ether
EC No 251-084-2 and others
C 12 H 5 Br 5 O
CAS No 32534-81-9 and others
CN code 2909 30 31
Hexabromodiphenyl ether
EC No 253-058-6
C 12 H 4 Br 6 O
CAS No 36483-60-0 and others
CN code 2909 30 38
Heptabromodiphenyl ether
EC No 273-031-2
C 12 H 3 Br 7 O
CAS No 68928-80-3 and others
CN code 2909 30 38’
(2) in Part 2 the following entries are added:
Description of chemicals/article(s) subject to export ban
Additional details, where relevant (e.g. name of chemical, EC No,
CAS No, etc.)
‘Metallic mercury and mixtures of metallic mercury with CAS No 7439-97-6
other substances, including alloys of mercury, with a CN code 2805 40
mercury concentration of at least 95 % weight by weight
Mercury compounds except compounds exported for Cinnabar ore, mercury (I) chloride (Hg 2 Cl 2 , CAS
research and development, medical or analysis purposes
No 10112-91-1), mercury (II) oxide (HgO, CAS
No 21908-53-2); CN code 2852 00 00’

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