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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)
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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,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety(1), and in particular Article 13 thereof,
Whereas:
(1) Commission Decision 2009/251/EC(2) requires Member States to ensure that products containing the biocide dimethylfumarate (DMF) are not placed or made available on the market.
(2) Decision 2009/251/EC was adopted in accordance with the provisions of Article 13 of Directive 2001/95/EC, which restricts the validity of the Decision to a period not exceeding 1 year, but allows it to be confirmed for additional periods none of which shall exceed 1 year.
(3) The validity of Decision 2009/251/EC was extended by Commission Decisions 2010/153/EU(3) and 2011/135/EU(4) for additional periods of 1 year each. A permanent restriction on DMF in articles is currently being considered to be incorporated in Regulation (EC) No 1907/2006 of the European Parliament and of the Council(5). As that measure will address the same concerns as Decision 2009/251/EC, for legal certainty, Decision 2009/251/EC should apply until the permanent restriction under Regulation (EC) No 1907/2006 enters into force.
(4) In the light of the experience acquired so far and the absence of a permanent measure addressing consumer products containing DMF, it is necessary to extend the validity of Decision 2009/251/EC for a further 12 months.
(5) Decision 2009/251/EC should be amended accordingly.
(6) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 15 of Directive 2001/95/EC,
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