欧盟Eurlex法规详细信息

EN
28.1.2012 Official
Journal
of
the
European
Union L
26/35
COMMISSION IMPLEMENTING DECISION
of 26 January 2012
extending the validity of Decision 2009/251/EC requiring Member States to ensure that products
containing the biocide dimethylfumarate are not placed or made available on the market
(notified under document C(2012) 321)
(Text with EEA relevance)
(2012/48/EU)
THE EUROPEAN COMMISSION,
(5)
Decision 2009/251/EC should be amended accordingly.
Having regard to the Treaty on the Functioning of the European
(6) The
measures
provided
for
in
this
Decision
are
in
Union,
accordance with the opinion of the Committee estab
lished by Article 15 of Directive 2001/95/EC,
Having regard to Directive 2001/95/EC of the European
Parliament and of the Council of 3 December 2001 on
HAS ADOPTED THIS DECISION:
general product safety ( 1 ), and in particular Article 13 thereof,
Article 1
Whereas:
Article 4 of Decision 2009/251/EC is replaced by the following:
(1) Commission
Decision
2009/251/EC
( 2 ) requires Member
States to ensure that products containing the biocide
‘Article 4
dimethylfumarate (DMF) are not placed or made
available on the market.
Period of application
This Decision shall apply until entry into force of the
(2) Decision
2009/251/EC
was
adopted
in
accordance
with
Commission Regulation amending Annex XVII to Regulation
the provisions of Article 13 of Directive 2001/95/EC,
(EC) No 1907/2006 concerning DMF or 15 March 2013,
which restricts the validity of the Decision to a period
whichever is the earlier.’
not exceeding 1 year, but allows it to be confirmed for
additional periods none of which shall exceed 1 year.
Article 2
(3) The
validity
of
Decision
2009/251/EC
was
extended Member States shall take the necessary measures to comply
by Commission Decisions 2010/153/EU
( 3 ) and
with this Decision by 15 March 2012 at the latest and shall
2011/135/EU ( 4 ) for additional periods of 1 year each.
publish those measures. They shall forthwith inform the
A permanent restriction on DMF in articles is currently
Commission thereof.
being considered to be incorporated in Regulation (EC)
No 1907/2006 of the European Parliament and of the
Article 3
Council ( 5 ). As that measure will address the same
concerns as Decision 2009/251/EC, for legal certainty,
This Decision is addressed to the Member States.
Decision 2009/251/EC should apply until the
permanent restriction under Regulation (EC) No
1907/2006 enters into force.
Done at Brussels, 26 January 2012.
(4)
In the light of the experience acquired so far and the
absence of a permanent measure addressing consumer
For the Commission
products containing DMF, it is necessary to extend the
validity of Decision 2009/251/EC for a further 12
John DALLI
months.
Member of the Commission
( 1 ) OJ L 11, 15.1.2002, p. 4.
( 2 ) OJ L 74, 20.3.2009, p. 32.
( 3 ) OJ L 63, 12.3.2010, p. 21.
( 4 ) OJ L 57, 2.3.2011, p. 43.
( 5 ) OJ L 396, 30.12.2006, p. 1.

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