Commission Implementing Decision (EU) 2024/1736 of 21 June 2024 laying down the final import response on behalf of the Union concerning the future import of terbufos pursuant to Regulation (EU) No 649/2012 of the European Parliament and of the Council

Official Journal EN of the European Union L series 2024/1736 24.6.2024 COMMISSION IMPLEMENTING DECISION (EU) 2024/1736 of 21 June 2024 laying down the final import response on behalf of the Union concerning the future import of terbufos pursuant to Regulation (EU) No 649/2012 of the European Parliament and of the Council 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 2012concerning the export and import of hazardous chemicals(1), and in particular Article 13(1), second and third subparagraphs, thereof, After consulting the Committee established by Article 133 of Regulation (EC) No 1907/2006 of the European Parliament 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 Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC(2), Whereas: (1) The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (‘the Convention’) is implemented by Regulation (EU) No 649/2012. In accordance with that Regulation, the Commission is to provide the Secretariat of the Convention with final or interim import responses on behalf of the Union concerning the future import of all chemicals that are subject to the Prior Informed Consent procedure (the ‘PIC procedure’). (2) At its eleventh meeting, held in Geneva from 1to 12 May 2023, the Conference of the Parties to the Convention agreed to list terbufos in Annex III to the Convention with the effect that terbufos became subject to the PIC procedure. A decision guidance document for the chemical was sent to the Commission on 20 October 2023with a request for a decision regarding the future import of the chemical. (3) Terbufos has been added to Annex III to the Convention as a pesticide. The placing on the market and use of terbufos as an active substance of plant protection products is not approved under Regulation (EC) No 1107/2009 of the European Parliament and of the Council(3). Furthermore, the placing on the market and use of terbufos as an active substance of biocidal products is not approved under Regulation (EU) No 528/2012 of the European Parliament and of the Council(4). Therefore, consent under the Rotterdam Convention should not be given to the future import of terbufos to the Union, HAS DECIDED AS FOLLOWS: Sole Article The import response for terbufos is set out in the Annex to this Decision. (1) OJ L 201, 27.7.2012, p. 60, ELI: http://data.europa.eu/eli/reg/2012/649/oj. (2) OJ L 396, 30.12.2006, p. 1, ELI: http://data.europa.eu/eli/reg/2006/1907/oj. (3) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/1107/oj). (4) Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/528/oj.) ELI: http://data.europa.eu/eli/dec_impl/2024/1736/oj 1/5EN OJ L, 24.6.2024 Done at Brussels, 21 June 2024. For the Commission Virginijus SINKEVIČIUS Member of the Commission 2/5 ELI: http://data.europa.eu/eli/dec_impl/2024/1736/ojEN OJ L, 24.6.2024 ANNEX FORM FOR IMPORT RESPONSE Country: European Union Member States: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Neth­ erlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden. SECTION 1 IDENTITY OF CHEMICAL 1.1 Common name Terbufos 1.2 CAS number 13071-79-9 1.3 Category Pesticide Industrial Severely hazardous pesticide formulation SECTION 2 INDICATION REGARDING PREVIOUS RESPONSE, IF ANY 2.1 This is a first time import response for this chemical in the country. 2.2 This is a modification of a previous response. Date of issue of the previous response: ..................................................................... SECTION 3 RESPONSE REGARDING FUTURE IMPORT Final decision (Fill in section 4 below) OR Interim response (Fill in section 5 below) SECTION 4 FINAL DECISION, PURSUANT TO NATIONAL LEGISLATIVE OR ADMINISTRATIVE MEASURES 4.1 No consent to import Is the import of the chemical from all sources simultaneously prohibited? Yes No Is domestic production of the chemical for domestic use simultaneously Yes No prohibited? 4.2 Consent to import 4.3 Consent to import only subject to specified conditions The specified conditions are: ELI: http://data.europa.eu/eli/dec_impl/2024/1736/oj 3/5EN OJ L, 24.6.2024 Are the conditions for import of the chemical the same for all sources of Yes No import? Are the conditions for domestic production of the chemical for domestic Yes No use the same as for all imports? 4.4 National legislative or administrative measure upon which the final decision is based Description of the national legislative or administrative measure: In the Union, it is prohibited to place on the market or use plant protection products containing terbufos, since that active substance has not been approved under Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1). Furthermore, it is prohibited to make available on the market or use biocidal products containing terbu­ fos, since that active substance has not been approved pursuant to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1). SECTION 5 INTERIM RESPONSE 5.1 No consent to import Is the import of the chemical from all sources simultaneously prohibited? Yes No Is domestic production of the chemical for domestic use simultaneously Yes No prohibited? 5.2 Consent to import 5.3 Consent to import only subject to specified conditions The specified conditions are: Are the conditions for import of the chemical the same for all sources of Yes No import? Are the conditions for domestic production of the chemical for domestic Yes No use the same as for all imports? 5.4 Indication of active consideration in order to reach a final decision Is a final decision under active consideration? Yes No 5.5 Information or assistance requested in order to reach a final decision The following additional information is requested from the Secretariat: The following additional information is requested from the country that notified the final regulatory action: The following assistance is requested from the Secretariat in evaluating the chemical: 4/5 ELI: http://data.europa.eu/eli/dec_impl/2024/1736/ojEN OJ L, 24.6.2024 SECTION 6 RELEVANT ADDITIONAL INFORMATION, WHICH MAY INCLUDE: Is this chemical currently registered in the country? Yes No Is this chemical manufactured in the country? Yes No If yes to either one of these questions: Is this intended for domestic use? Yes No Is this intended for export? Yes No Other remarks In accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1), which implements the UN Globally Harmonised System of Classification and Labelling of Chemicals in the Union, terbufos is classified as: Acute Toxicity 2* – H300 – Fatal if swallowed. Acute Toxicity 1 – H310 – Fatal in contact with skin. Aquatic Acute 1 – H 400 – Very toxic to aquatic life. Aquatic Chronic 1 – H410 – Very toxic to aquatic life with long lasting effects. (* = This classification is to be considered as a minimum classification) SECTION 7 DESIGNATED NATIONAL AUTHORITY Institution European Commission, DG Environment Address Rue de la Loi 200, B-1049 Brussels, Belgium Name of person in charge Dr Juergen Helbig Position of person in charge Team Leader International Chemicals Policy Telephone 32 2 298 85 21 Telefax 32 2 296 76 16 Email address Juergen.Helbig@ec.europa.eu Date, signature of DNA and official seal: ___________________________________ PLEASE RETURN THE COMPLETED FORM TO: Secretariat for the Rotterdam Convention Secretariat for the Rotterdam Convention Food and Agriculture Organization of the United Nations United Nations Environment Programme (UNEP) (FAO) 11-13, Chemin des Anémones Viale delle Terme di Caracalla CH – 1219 Châtelaine, Geneva, Switzerland OR I – 00100 Rome, Italy Tel. (+ 41 22) 917 8177 Tel. (+ 39 06) 5705 3441 Fax (+ 41 22) 917 8082 Fax (+ 39 06) 5705 6347 Email: pic@pic.int Email: pic@pic.int ELI: http://data.europa.eu/eli/dec_impl/2024/1736/oj 5/5