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 safety1, and in particular Article 13 thereof,

Whereas:

(1)
Commission Decision 2009/251/EC2 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/EU3 and 2011/135/EU4 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 Council5. 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,

HAS ADOPTED THIS DECISION: