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Commission Decision of 17 March 2009 requiring Member States to ensure that products containing the biocide dimethylfumarate are not placed or made available on the market (notified under document number C(2009) 1723) (Text with EEA relevance) (2009/251/EC)
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- 2009 No. 251
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Article 1Definitions
For the purposes of this Decision the following definitions shall apply:
(a)
‘DMF’ means the chemical dimethylfumarate, with the IUPAC name Dimethyl (E)-butenedioate, the CAS No 624-49-7 and the Einecs No 210-849-0;
(b)
‘product’ means any product as defined in Article 2(a) of Directive 2001/95/EC;
(c)
‘product containing DMF’ means any product or any part of a product where either:
(i)
the presence of DMF is declared, such as on one or more pouches; or
(ii)
the concentration of DMF is greater than 0,1 mg/kg of the weight of the product or part of the product;
(d)
‘placing on the market’ means the first making available of a product on the Community market;
(e)
‘made available on the market’ means supplied for distribution, consumption or use on the Community market in the course of a commercial activity, whether in return for payment or free of charge.
Article 2Implementation
1.As of 1 May 2009 Member States shall ensure that products containing DMF are prohibited from being placed or made available on the market.
2.As of 1 May 2009 Member States shall ensure that products containing DMF and already placed or made available on the market are withdrawn from the market and recalled from consumers, and that consumers are adequately informed of the risk posed by such products.
3.Member States shall inform the Commission without delay of the measures taken under this Article in accordance with Article 12 of Directive 2001/95/EC.
Article 3Information
Member States shall take the necessary measures to comply with this Decision, publish those measures and inform the Commission thereof accordingly.
Article 4Period of application
This Decision shall be applicable until 15 March 2010.
Article 5Addressees
This Decision is addressed to the Member States.
Done at Brussels, 17 March 2009.
For the Commission
Meglena Kuneva
Member of the Commission
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