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25 October 2021
TP/rl/vy
Ms Marie Toulemonde
Sent by email only:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Subject:
Reply to your request for access to documents – Second batch
Reference: ATD/022/2021
Dear Ms Toulemonde,
I refer to your application for access to documents of 12 April 2021, registered on 14 April
2021 under reference ATD/022/2021.
On 17 June 2021, ECHA sent you a communication covering the information relating to 33
PIC export notifications falling within the scope of your request.
This reply covers a second batch of information falling within the scope of your request relating
to 67 PIC export notifications concerning the following substances: “1,3-dichloropropene”,
“Arsenic compounds”, “Carbendazim”, “Chlorothalonil”, “Chlorpropham”, “Desmedipham”,
“Didecyldimethylammonium chloride”, “Dimethoate”, “Fipronil”, “Glufosinate, including
glufosinate-ammonium”, “Iprodione”, “Linuron”, “Malathion”, , “Methomyl”, “Nonylphenol
ethoxylates (C2H4O)nC15H24O”, “Permethrin”, “Picoxystrobin”, “Propiconazole”,
“Pymetrozine”, “Thiocyclam” and “Thiram”. The concerned export notifications originate from
third parties which have been consulted pursuant to Article 4(4) of the ATD Regulation.
The processing of your request as regards the information concerning the remaining 32 export
notifications is stil pending. ECHA’s decision in this respect will be communicated to you
separately. In this respect, we would also like to infom you that 14 of the 146 export
notifications originally identified as fal ing within the scope of your request have been
subsequently set aside as, on the basis of a further assessment of the information submitted
thereto, it appears that these concern a “clearly-non agricultural use” of the concerned
substances. Therefore your request concerns in total 132 export notifications.
As regards the precise description of the scope of your request and the procedural history, I
refer to ECHA’s communication of 17 June 2021 mentioned above.
Decision
Based on Article 7(1) of the ATD Regulation
1
ECHA has decided to grant you full access to the requested document.
1 Regulation (EC) 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access
to documents. According to Article 118(1) of the REACH Regulation ((EC) No 1907/2006), Regulation (EC) No
1049/2001 applies to documents held by ECHA.
P.O. Box 400, 00121 Helsinki, Finland | Tel. +358 9 686180 | echa.europa.eu
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TP/rl/vy
Further observations
You are reminded that fol owing Article 16 of the ATD Regulation, the document attached is
subject to copyright protection.
Furthermore, we would like to highlight that the volumes reported in Section 3.2 of the export
notifications ("Expected amount of the substance or mixture (kg/l per year)") are provided
by exporters based on their best knowledge at the moment of submission of the export
notification
2 or based on an approximation. The actual quantities exported may differ (i.e. be
either higher or lower) from those declared in the notifications or the export may never even
take place.
In particular, during the third party consultation, the company UPL Europe Ltd. reported that
the two (2) exports of the chemical “Desmedipham” to the importing country Morocco did not
take place.
Appeal/legal redress
You are entitled to make a confirmatory application requesting ECHA to review this position
by writing to the Executive Director of ECHA (P.O Box 400, 00121 Helsinki, Finland or
xxxxxxxxxxxxxxxxxx@xxxx.xxxxxx.xx). This needs to be done within 15 working days of
receiving this letter.
Yours sincerely,
e-signed3
Tiago Pedrosa
Head of Unit
Submission and Processing Unit
- Encl.: A document containing the requested information from 67 export notifications
for the substances “1,3-dichloropropene”, “Arsenic compounds”, “Carbendazim”,
“Chlorothalonil”, “Chlorpropham”, “Desmedipham”, “Didecyldimethylammonium
chloride”, “Dimethoate”, “Fipronil”, , “Glufosinate, including glufosinate-ammonium”,
“Iprodione”, “Linuron”, “Malathion”, “Methomyl”, “Nonylphenol ethoxylates
(C2H4O)nC15H24O”, “Permethrin”, “Picoxystrobin”, “Propiconazole”, “Pymetrozine”,
“Thiocyclam” and “Thiram”.
2 The intention to export a chemical listed in Annex I of the PIC Regulation must be notified to the designated national
authority of the country from which the export will originate before the first yearly export takes place, as well as
before the first export in each subsequent calendar year. More information on the PIC export notification procedure
can be found via the following link: https://echa.europa.eu/regulations/prior-informed-consent/export-notification-
procedure.
3 As this is an electronic document, it is not physically signed. This communication has been approved according to
ECHA’s internal decision-approval process.
P.O. Box 400, 00121 Helsinki, Finland | Tel. +358 9 686180 | echa.europa.eu