2001/570/EC: Commission Decision of 13 July 2001 on draft national provisions notified by the Federal Republic of Germany on limitations on the marketing and use of organostannic compounds (Text with EEA relevance) (notified under document number C(2001) 1912)

• Articles: 2

Article 1

The draft national provisions concerning organostannic compounds, which the Federal Republic of Germany notified to the Commission by letter dated 22 January 2001, and which seek to derogate from Directive 1999/51/EC as of 1 January 2003 regarding the use of organostannic compounds in antifouling products intended for use in the aquatic environments are rejected.

Article 2

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 13 July 2001.

For the Commission

Erkki Liikanen

Member of the Commission

(1) OJ L 262, 27.9.1976, p. 201.

(2) OJ L 207, 6.8.1999, p. 18.

(3) OJ L 398, 30.12.1989, p. 19.

(4) OJ L 142, 5.6.1999, p. 22.

(5) According to paragraph 5(1) No 6 of that law these are: Objects, that are intended to be in contact with the human body in a non-transitory way, such as clothes, bedlinen, masks, wigs, hair pieces, artificial eyelashes, bracelets, spectacle frames.

(6) OJ C 120, 24.4.2001, p. 9.

(7) Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 describes in Annex V, antifouling products (product-type 21) as "products used to control the growth and settlement of fouling organisms (microbes and higher forms of plant or animal species) on vessels, aquaculture equipment or other structures used in water".

(8) OJ L 204, 21.7.1998, p. 37.

(9) OJ L 217, 5.8.1998, p. 18.

(10) OJ L 196, 16.8.1967, p. 1.

(11) OJ L 199, 30.7.1999, p. 57.

(12) WS Atkins International Ltd, "Assessment of the risks to health and to the environment of tin organic compounds and of arsenic in certain biocidal products and of the effects of further restrictions on their marketing and use", final report, April 1998.Opinion of the SCTEE on the report by WS Atkins International Ltd. Expressed at the sixth SCTEE plenary meeting, Brussels, 27 November 1998.

(13) See footnote 12.

(14) Similar arguments were raised by the Belgian authorities and examined by the Commission in the framework of a request by Belgium according to Article 95(5) to introduce draft national measures regarding organostannic compounds as of 1 January 2003. The Commission adopted a Decision rejecting the draft national measures on 25 July 2000 (Decision 2000/509/EC; OJ L 205, 12.8.2000, p. 7).