Regulation (EU) No 649/2012 of the European Parliament and of the Council
of 4 July 2012
concerning the export and import of hazardous chemicals
(recast)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) and Article 207 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee1,
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure2,
Whereas:
Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals3 has been substantially amended several times. Since further amendments are to be made, Regulation (EC) No 689/2008 should be recast in the interest of clarity.
Regulation (EC) No 689/2008 implements the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade4 (the ‘Convention’), which entered into force on 24 February 2004, and replaces Regulation (EC) No 304/2003 of the European Parliament and of the Council of 28 January 2003 concerning the export and import of dangerous chemicals5.
For reasons of clarity and consistency with other relevant Union legislation, certain definitions should be introduced or clarified and terminology should be aligned with that used in Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency6, on the one hand, and Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures7 on the other hand. It is appropriate to ensure that this Regulation reflects the transitional provisions of Regulation (EC) No 1272/2008, in order to avoid any inconsistencies between the timetable of application of that Regulation and this Regulation.
The Convention allows Parties the right to take action that is more stringently protective of human health and the environment than that called for in the Convention, provided that such action is consistent with the provisions of the Convention and is in accordance with international law. It is necessary and appropriate, in order to ensure a higher level of protection of the environment and the general public of importing countries, to go further than the provisions of the Convention in certain respects.
As regards the participation of the Union in the Convention, it is essential to have a single contact point for Union interaction with the Secretariat of the Convention (the ‘Secretariat’) and other Parties to the Convention as well as with other countries. The Commission should act as that contact point.
There is a need to ensure the effective coordination and management of technical and administrative aspects of this Regulation at Union level. The Member States and the European Chemicals Agency established by Regulation (EC) No 1907/2006 (the ‘Agency’) have the competence and experience in implementing Union legislation on chemicals and international agreements on chemicals. The Member States and the Agency should, therefore, carry out tasks with regard to the administrative, technical and scientific aspects of the implementation of the Convention through this Regulation, as well as the exchange of information. In addition, the Commission, the Member States and the Agency should cooperate in order to implement the Union’s international obligations under the Convention effectively.
Given that certain tasks of the Commission should be transferred to the Agency, the European Database on Export and Import of Dangerous Chemicals initially established by the Commission should be further developed and maintained by the Agency.
Exports of hazardous chemicals that are banned or severely restricted within the Union should continue to be subject to a common export notification procedure. Accordingly, hazardous chemicals, whether in the form of substances on their own or in mixtures or in articles, which have been banned or severely restricted by the Union as plant protection products, as other forms of pesticides, or as industrial chemicals for use by professional users or by the public, should be subject to export notification rules similar to those applicable to such chemicals when they are banned or severely restricted within either or both of the use categories laid down in the Convention, namely as pesticides or chemicals for industrial use. In addition, chemicals subject to the international prior informed consent (PIC) procedure (the‘PIC procedure’) should also be subject to the same export notification rules. That common export notification procedure should apply to Union exports to all third countries, whether or not they are Parties to the Convention or participate in its procedures. Member States should be permitted to charge administrative fees, in order to cover their costs in carrying out this procedure.
Exporters and importers should be obliged to provide information concerning the quantities of chemicals in international trade covered by this Regulation so that the impact and effectiveness of the arrangements laid down therein can be monitored and assessed.
Notifications to the Secretariat of Union or Member State final regulatory actions banning or severely restricting chemicals, with a view to their inclusion in the PIC procedure, should be submitted by the Commission in cases where the criteria laid down in the Convention in this regard are met. Additional information to support such notifications should be sought where necessary.
In cases where Union or Member State final regulatory actions do not qualify for notification because they do not meet the criteria laid down in the Convention, information concerning the actions should nevertheless be conveyed to the Secretariat and other Parties to the Convention in the interests of exchange of information.
It is also necessary to ensure that the Union takes decisions with regard to the import into the Union of chemicals that are subject to the PIC procedure. These decisions should be based on applicable Union legislation and take into account bans or severe restrictions imposed by Member States. Where justified, amendments to Union legislation should be proposed.
Arrangements are needed to ensure that Member States and exporters are aware of the decisions of importing countries as regards chemicals that are subject to the PIC procedure, and that exporters comply with those decisions. Furthermore, in order to prevent undesired exports, no chemicals banned or severely restricted within the Union that meet the criteria for notification under the Convention or that are subject to the PIC procedure should be exported unless the explicit consent of the importing country concerned has been sought and obtained, whether or not that country is a Party to the Convention. At the same time, an exemption from this obligation is appropriate in relation to exports of certain chemicals to countries that are members of the Organisation for Economic Cooperation and Development (OECD) provided that certain conditions are met. Furthermore, a procedure is needed to deal with cases in which, despite all reasonable efforts, no response is obtained from the importing country, so that exports of certain chemicals may proceed on a temporary basis under specified conditions. It is also necessary to provide for periodic review of all such cases as well as those in which explicit consent is obtained.
It is also important that all chemicals exported have an adequate shelf-life so that they may be used effectively and safely. As regards pesticides, in particular those exported to developing countries, it is essential that information about appropriate storage conditions be provided and that suitable packaging and sizes of containers be used to avoid creating obsolete stocks.
Articles containing chemicals do not fall within the scope of the Convention. Nevertheless, it seems appropriate that articles, as defined in this Regulation, containing chemicals that could be released under certain conditions of use or disposal and that are banned or severely restricted in the Union within one or more of the use categories laid down in the Convention or are subject to the PIC procedure should also be subject to the export notification rules. Furthermore, certain chemicals and articles containing specific chemicals falling outside the scope of the Convention but giving rise to particular concern should not be exported at all.
In accordance with the Convention, information on transit movements of chemicals subject to the PIC procedure should be provided to Parties to the Convention who request such information.
Union rules on packaging and labelling and other safety information should apply to all chemicals when intended for export to Parties and other countries unless those provisions would conflict with any specific requirements of those countries, taking into account relevant international standards. Since Regulation (EC) No 1272/2008 established new provisions on classification, labelling and packaging of substances and mixtures, a reference to that Regulation should be included in this Regulation.
In order to ensure effective control and enforcement, Member States should designate authorities such as customs authorities that should have the responsibility of controlling imports and exports of chemicals covered by this Regulation. The Commission, supported by the Agency, and the Member States have a key role to play and should act in a targeted and coordinated way. Member States should provide for appropriate penalties in the event of infringements.
In order to facilitate customs control and to reduce the administrative burden for both exporters and authorities, a system of codes to be used in export declarations should be established. Special codes should also be used, as appropriate, for chemicals exported for the purpose of research or analysis in quantities that are unlikely to affect human health or the environment and that in any event do not exceed 10 kg from each exporter to each importing country per calendar year.
Exchange of information, shared responsibility and cooperative efforts between the Union and the Member States and third countries should be promoted with a view to ensuring sound management of chemicals, whether or not those third countries are Parties to the Convention. In particular, technical assistance to developing countries and countries with economies in transition should be provided directly by the Commission and the Member States, or indirectly via support for projects by non-governmental organisations, especially assistance seeking to enable those countries to implement the Convention, thereby contributing to the prevention of harmful effects of chemicals on human health and the environment.
There should be regular monitoring of the operation of the procedures if they are to be effective. To this end, Member States and the Agency should regularly submit reports in standardised form to the Commission, which should in turn regularly report to the European Parliament and the Council.
Technical notes for guidance should be drawn up by the Agency to assist the designated authorities, including such authorities as customs authorities controlling exports, exporters and importers, in the application of this Regulation.
In order to adapt this Regulation to technical progress, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of inclusion of chemicals in Part 1 or 2 of Annex I and other amendments to that Annex, inclusion of chemicals in Part 1 or 2 of Annex V and other amendments to that Annex, and amendments to Annexes II, III, IV and VI. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers8.
Since the objectives of this Regulation, namely to ensure coherent and effective implementation of the Union’s obligations under the Convention, cannot be sufficiently achieved by the Member States and can therefore, by reason of the necessity to harmonise the rules concerning imports and exports of hazardous chemicals, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Regulation (EC) No 689/2008 should be repealed.
It is appropriate to provide for the deferred application of this Regulation so as to allow the Agency sufficient time to prepare for its new role and allowing industry to familiarise itself with the new procedures,
HAVE ADOPTED THIS REGULATION:
Article 1Objectives
1
The objectives of this Regulation are to:
a
implement the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (the ‘Convention’);
b
promote shared responsibility and cooperative efforts in the international movement of hazardous chemicals in order to protect human health and the environment from potential harm;
c
contribute to the environmentally sound use of hazardous chemicals.
The objectives set out in the first subparagraph shall be achieved by facilitating the exchange of information concerning the characteristics of hazardous chemicals, by providing for a decision-making process within F1Great Britain on their import and export and by disseminating decisions F2to Parties, other countries and Northern Ireland as appropriate.
2
In addition to the objectives set out in paragraph 1, this Regulation shall ensure that the provisions of Regulation (EC) No 1272/2008 relating to classification, labelling and packaging apply to all chemicals when they are exported from F3Great BritainF4to other Parties, other countries or Northern Ireland, unless those provisions would conflict with any specific requirements F5of those Parties, other countries or Northern Ireland.
Article 2Scope
1
This Regulation shall apply to:
a
certain hazardous chemicals that are subject to the prior informed consent procedure under the Convention (the ‘PIC procedure’);
b
certain hazardous chemicals that are banned or severely restricted within F6Great Britain;
c
chemicals when exported in so far as their classification, labelling and packaging are concerned.
2
This Regulation shall not apply to any of the following:
a
narcotic drugs and psychotropic substances covered by Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors9;
b
radioactive materials and substances covered by F7the Ionising Radiations Regulations 2017;
c
wastes covered by F8the Waste (England and Wales) Regulations 2011 and the Waste (Scotland) Regulations 2011;
d
chemical weapons covered by Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items12;
e
food and food additives covered by Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules13;
f
feedingstuffs covered by Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety14, including additives, whether processed, partially processed or unprocessed, intended to be used for oral feeding to animals;
g
genetically modified organisms covered by F9the Genetically Modified Organisms (Deliberate Release) Regulations 2002 , the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 and the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;
3
This Regulation shall not apply to chemicals exported for the purpose of research or analysis in quantities that are unlikely to affect human health or the environment and that in any event do not exceed 10 kg from each exporter to each importing country F12, or to Northern Ireland, per calendar year.
Notwithstanding the first subparagraph, exporters of the chemicals referred to therein shall obtain a special reference identification number F13from the exporter’s Designated National Authority and provide that reference identification number in their export declaration.
Article 3Definitions
For the purposes of this Regulation, the following definitions shall apply:
- (1)
‘chemical’ means a substance, whether by itself or in a mixture, or a mixture, whether manufactured or obtained from nature, but does not include living organisms, which belongs to either of the following categories:
- (a)
pesticides, including severely hazardous pesticide formulations;
- (b)
industrial chemicals;
- (a)
- (2)
‘substance’ means any chemical element and its compounds as defined in point 1 of Article 3 of Regulation (EC) No 1907/2006;
- (3)
‘mixture’ means a mixture or a solution as defined in point 8 of Article 2 of Regulation (EC) No 1272/2008;
- (4)
‘article’ means a finished product containing or including a chemical, the use of which has been banned or severely restricted by F15retained EU law in that particular product where that product does not fall under point 2 or 3;
- (5)
‘pesticides’ means chemicals in either of the following subcategories:
- (a)
pesticides used as plant protection products covered by Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market18;
- (b)
other pesticides, such as:
- (i)
biocidal products under F16Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products; and
- (ii)
disinfectants, insecticides and parasiticides covered by F17the Veterinary Medicines Regulations 2013 and the Human Medicines Regulations 2012;
- (i)
- (a)
- (6)
‘industrial chemicals’ means chemicals in either of the following subcategories:
- (a)
chemicals for use by professionals;
- (b)
chemicals for use by the public;
- (a)
- (7)
‘chemical subject to export notification’ means any chemical that is banned or severely restricted F18by retained EU law within one or more categories or subcategories, and any chemical listed in Part 1 of F19the GB PIC list that is subject to the PIC procedure;
- (8)
‘chemical qualifying for PIC notification’ means any chemical that is banned or severely restricted F22by retained EU law within one or more categories. Chemicals banned or severely restricted in F20Great Britain within one or more categories are listed in Part 2 of F21the GB PIC list;
- (9)
‘chemical subject to the PIC procedure’ means any chemical listed in F23both Annex III to the Convention and in Part 3 of F24the GB PIC list;
- (10)
‘banned chemical’ means either of the following:
- (a)
a chemical all uses of which within one or more categories or subcategories have been prohibited by final regulatory action by F25retained EU law in order to protect human health or the environment;
- (b)
a chemical that has been refused approval for first-time use or has been withdrawn by industry either from the F26Great Britain market or from further consideration in a notification, registration or approval process and where there is evidence that the chemical raises concern for human health or the environment;
- (a)
- (11)
‘severely restricted chemical’ means either of the following:
- (a)
a chemical, virtually all use of which within one or more categories or subcategories has been prohibited by final regulatory action by F27retained EU law in order to protect human health or the environment, but for which certain specific uses remain allowed;
- (b)
a chemical that has, for virtually all uses, been refused for approval or been withdrawn by industry either from the F28Great Britain market or from further consideration in a notification, registration or approval process, and where there is evidence that the chemical raises concern for human health or the environment;
- (a)
- (12)
F29...
- (13)
‘final regulatory action’ means a legally binding act the purpose of which is to ban or severely restrict a chemical;
- (14)
‘severely hazardous pesticide formulation’ means a chemical formulated for use as a pesticide that produces severe health or environmental effects observable within a short period of time after single or multiple exposure, under conditions of use;
- (15)
F30...
- (16)
F31‘export’ means the export of chemicals from Great Britain:
- (a)
made in accordance with sections 33(4), 35 or 36 of the Taxation (Cross-border Trade) Act 2018; or
- (b)
where the chemicals were, immediately prior to export, in a temporary storage facility or subject to the control of any HMRC officer as described in paragraph 1(2) of Schedule 1 to the Taxation (Cross-border Trade) Act 2018,
but does not include chemicals which are under a transit procedure by which chargeable goods may be moved between places in Great Britain;
- (a)
- (17)
‘import’ means the F32importation into Great Britain and release to a customs procedure, other than a transit procedure by which chargeable goods may be moved between places in Great Britain, of any chemical;
- (18)
‘exporter’ means any of the following persons, whether natural or legal:
- (a)
the person on whose behalf an export declaration is made, that is to say the person who, at the time the declaration is accepted, holds the contract with the consignee in a F33Party, other country or Northern Ireland and has the power to determine that the chemical be sent out of F34Great Britain;
- (b)
where no export contract has been concluded or where the holder of the contract does not act on its own behalf, the person who has the power to determine that the chemical be sent out of F35Great Britain;
- (c)
where the benefit of a right to dispose of the chemical belongs to a person established outside F36Great Britain pursuant to the contract on which the export is based, the contracting party established in F36Great Britain;
- (a)
- (19)
‘importer’ means any natural or legal person who at the time of import into F37Great Britain is the consignee for the chemical;
- (20)
‘Party to the Convention’ or ‘Party’ means a State or a regional economic integration organisation that has consented to be bound by the Convention and for which the Convention is in force;
- (21)
‘other country’ means any country that is not a Party;
- (22)
F38...
- (23)
‘Secretariat’ means the Secretariat of the Convention F39... ;
- (24)
F14‘Designated National Authority’ means the authority or authorities designated by the Secretary of State under the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 to carry out the administrative functions required by this Regulation;
- (25)
‘exporter's Designated National Authority’ means the Designated National Authority of the country in which the exporter is established;
- (26)
‘GB PIC list’ means the list established and maintained in accordance with Articles 7 and 23.
F40Article 4Designated national authorities of the Member States
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 5Participation of the F41United Kingdom in the Convention
1
F422
The Designated National Authority must:
a)
transmit Great Britain export notifications to other Parties, countries and Northern Ireland pursuant to Article 8; and
b)
receive information from the Secretariat more generally.
2A.
The Secretary of State must provide to the Secretariat:
a)
notifications of each relevant final regulatory action concerning chemicals qualifying for PIC notification pursuant to Article 11;
b)
information concerning other final regulatory actions involving chemicals not qualifying for PIC notification pursuant to Article 12; and
c)
Great Britain import responses for chemicals subject to the PIC procedure pursuant to Article 13.
2B.
The Secretary of State must also coordinate the United Kingdom input on all technical issues relating to the following:
a)
the Convention;
b)
the preparation of the Conference of the Parties established by Article 18(1) of the Convention;
c)
the Chemical Review Committee established in accordance with Article 18(6) of the Convention;
d)
other subsidiary bodies of the Conference of the Parties.
F453
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46Article 6Tasks of the Designated National Authority
The Designated National Authority must, in addition to the tasks allocated to it under Articles 5, 7, 8, 9, 10, 11, 13, 14, 16, 18, 19 and 20, carry out the following tasks:
a
where appropriate, provide assistance and guidance for industry in order to ensure the effective application of this Regulation;
b
at the request of the Secretary of State, and within the available resources, provide input in drafting of decision guidance documents referred to in Article 7 of the Convention and other technical documents related to the implementation of the Convention;
c
upon request, provide the Secretary of State with technical and scientific input and assist the Secretary of State in order to ensure the effective implementation of this Regulation.
Article 7Chemicals subject to export notification, chemicals qualifying for PIC notification, F47... chemicals subject to the PIC procedure F48, chemicals subject to Regulation (EC) No 850/2004, and chemicals already subject to an export ban
F491
The Secretary of State must include the following chemicals in the GB PIC list:
a
the chemicals subject to the export notification procedure under Article 8;
b
the chemicals qualifying for the PIC notification procedure under Article 11;
c
the chemicals subject to the PIC procedure as listed in Annex III to the Convention;
d
the chemicals subject to Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants; and
e
the chemicals other than persistent organic pollutants as listed in Annexes A and B to the Stockholm Convention on Persistent Organic Pollutants that are already subject to an export ban.
F502
The Secretary of State must assign chemicals listed in the GB PIC list to one or more of the following groups:
a
Part 1 of the GB PIC list, which lists chemicals that are subject to the export notification procedure laid down in Article 8, with detailed information being given on the identity of the substance, on the use category and/or subcategory subject to restriction, the type of restriction and, where appropriate, additional information, in particular on exemptions to requirements for export notification;
b
Part 2 of the GB PIC list, which lists chemicals that, in addition to being subject to the export notification procedure laid down in Article 8, qualify for the PIC notification procedure set out in Article 11, with detailed information being given on the identity of the substance and on the use category;
c
Part 3 of the GB PIC list, which lists chemicals that are subject to the PIC procedure with the use category being given and, where appropriate, additional information, in particular on any requirements for export notification;
d
Part 4 of the GB PIC list, which lists chemicals that are subject to Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants;
e
Part 5 of the GB PIC list, which lists chemicals other than persistent organic pollutants as listed in Annexes A and B to the Stockholm Convention on Persistent Organic Pollutants and are already subject to an export ban.
Article 8Export notifications forwarded to Parties and other countries
1
In the case of substances listed in Part 1 of F53the GB PIC list or mixtures containing such substances in a concentration that triggers labelling obligations under Regulation (EC) No 1272/2008 irrespective of the presence of any other substances, paragraphs 2 to 8 of this Article shall apply regardless of the intended use of the chemical in the F54importing Party, other country or Northern Ireland.
2
When an exporter is due to export a chemical referred to in paragraph 1 from F55Great BritainF90to a Party, other country or Northern Ireland for the first time on or after the date on which it becomes subject to this Regulation, the exporter shall notify the F56exporter's Designated National Authority, no later than 35 days before the expected date of export. Thereafter the exporter shall notify F61the Designated National Authority of the first export of the chemical each calendar year no later than 35 days before the export takes place. The notifications shall comply with the information requirements laid down in Annex II F62....
The F63exporter's Designated National Authority shall check compliance of the information with Annex II F64....
F57The Designated National Authority must, transmit the notification to the designated national authority of the importing Party F58or Northern Ireland or the appropriate authority of the importing other country and take the measures necessary to ensure that they receive that notification no later than 15 days before the first intended export of the chemical and thereafter no later than 15 days before the first export in any subsequent calendar year.
The F65Designated National AuthorityF66must maintain a list of export notifications and assign each export notification a reference identification number F67.... The F65Designated National Authority shall also make available to the public F68... an updated list of the chemicals concerned and the F59importing Parties, other countries and Northern Ireland for each calendar year F60via its website.
3
If the F69Designated National Authority does not receive from the F70importing Party, other country or Northern Ireland an acknowledgement of receipt of the first export notification made after the chemical is included in Part 1 of F71the GB PIC list within 30 days of the dispatch of such notification, it shallF72... submit a second notification. The F73Designated National Authority shallF74... make reasonable efforts to ensure that the designated national authority of the importing Party F75or Northern Ireland or the appropriate authority of the importing other country receives the second notification.
4
A new export notification shall be made in accordance with paragraph 2 for exports which take place subsequent to the entry into force of amendments to F76retained EU law concerning the marketing, use or labelling of the substances in question or whenever the composition of the mixture in question changes so that the labelling of such mixture is altered. The new notification shall comply with the information requirements laid down in Annex II and shall indicate that it is a revision of a previous notification.
5
Where the export of a chemical relates to an emergency situation in which any delay may endanger public health or the environment in F77the importing Party, other country or Northern Ireland, an exemption from the obligations set out in paragraphs 2, 3 and 4 in whole or in part may be granted at the reasoned request of the exporter or F77the importing Party, other country or Northern Ireland and at the discretion of the F78exporter’s Designated National Authority.
6
Without prejudice to the obligations set out in Article 19(2), the obligations set out in paragraphs 2, 3 and 4 of this Article shall cease when all of the following conditions are fulfilled:
a
the chemical has become a chemical subject to the PIC procedure;
b
the importing country is a Party to the Convention and has provided the Secretariat with a response in accordance with Article 10(2) of the Convention indicating whether or not it consents to import of the chemical F79, or in the case of Northern Ireland where such a response has been provided to the Secretariat indicating whether or not it consents to the import of the chemical; and
Notwithstanding the first subparagraph of this paragraph, the obligations set out in paragraphs 2, 3 and 4 of this Article shall not cease where an importing country is a Party to the Convention and explicitly requires continued export notification by exporting Parties, for example through its import decision or otherwise F82, or in the case of Northern Ireland, where export notification by exporting Parties is explicitly required through the import decision relating to Northern Ireland or otherwise.
Without prejudice to the obligations set out in Article 19(2), the obligations set out in paragraphs 2, 3 and 4 of this Article shall also cease when both of the following conditions are fulfilled:
a
the designated national authority of the importing Party F83or Northern Ireland or the appropriate authority of the importing other country has waived the requirement to be notified before the export of the chemical; and
7
F898
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 9Export notifications received from Parties and other countries
1
F92...
F93The Designated National Authority must acknowledge receipt of the first export notification received F94concerning the export to Great Britain of a chemical the manufacture, use, handling, consumption, transport or sale of which is subject to prohibition or severe restriction under the legislation of a Party, other country or Northern Ireland, for each chemical from F91each Party, other country or Northern Ireland.
F95...
F962
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 10Information on export and import of chemicals
1
Each exporter of one or more of the following:
a
substances listed in F97Part 1, 2 or 3 of the GB PIC list;
b
mixtures containing such substances in a concentration that triggers labelling obligations under Regulation (EC) No 1272/2008 irrespective of the presence of any other substances; or
c
articles containing substances listed in Part 2 or 3 of F98the GB PIC list in unreacted form or mixtures containing such substances in a concentration that triggers labelling obligations under Regulation (EC) No 1272/2008 irrespective of the presence of any other substances;
shall, during the first quarter of each year, inform the F99exporter’s Designated National Authority regarding the quantity of the chemical, as a substance and as contained in mixtures or in articles, shipped to F100each Party, other country or Northern Ireland during the preceding year. That information shall be given together with a list of the names and addresses of each natural or legal person importing the chemical into F101a Party, other country or Northern Ireland to which shipment took place during the same period. That information shall list separately exports pursuant to Article 14(7).
Each importer within F102Great Britain shall provide the equivalent information for the quantities imported into F102Great Britain.
2
At the request of the F103Designated National Authority the exporter or importer shall provide any additional information relating to chemicals that is necessary to implement this Regulation.
Article 11Notification of banned or severely restricted chemicals under the Convention
1
2
Whenever further chemicals are added to Part 2 of F109the GB PIC list pursuant to the second subparagraph of Article 23(2), the F110Secretary of State shall notify those chemicals to the Secretariat. That PIC notification shall be submitted as soon as possible after adoption of the relevant final regulatory action F111... banning or severely restricting the chemical, and no later than 90 days after the date on which the final regulatory action is to be applied.
3
The PIC notification shall provide all relevant information required in Annex IV.
4
In determining priorities for notifications, the F112Secretary of State shall take into account whether the chemical is already listed in Part 3 of F113the GB PIC list, the extent to which the information requirements laid down in Annex IV can be met, and the severity of the risks presented by the chemical, in particular for developing countries.
Where a chemical qualifies for PIC notification, but the information is insufficient to meet the requirements of Annex IV, identified exporters or importers shall, upon request by the F114Designated National Authority, provide all relevant information available to them, including that from other national or international chemical control programmes, within 60 days of the request.
5
The F115Secretary of State shall notify the Secretariat in writing when a final regulatory action notified under paragraphs 1 or 2 is amended as soon as possible after adoption of the new final regulatory action, and no later than 60 days after the date on which the new final regulatory action is to be applied.
The F115Secretary of State shall provide all relevant information that was not available at the time the initial notification was made under paragraphs 1 or 2 respectively.
6
7
F118...
F119On the basis of the information that the Secretary of State receives from the Secretariat regarding chemicals notified as banned or severely restricted by other Parties, where appropriate, the F120Secretary of State shall evaluate, in close cooperation with the F121Designated National Authority, the Scottish Ministers and the Welsh Ministers, the need to F122take measures F123... in order to prevent any unacceptable risks to human health or the environment F124....
F1258
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 12Information to be transmitted to the Secretariat concerning banned or severely restricted chemicals not qualifying for PIC notification
In the case of chemicals listed only in Part 1 of F126the GB PIC list, the Secretary of State shall provide the Secretariat with information concerning the relevant final regulatory actions, so that the information can be disseminated to other Parties to the Convention as appropriate.
Article 13Obligations in relation to import of chemicals
1
F128...
F129Where the Secretary of State receives a decision guidance document from the Secretariat, the Secretary of State must, taking into account the information in the decision guidance document, adopt an import decision in the form of a final or interim import response F130... concerning the future import of the chemical concerned. F131... The F132Secretary of State shall communicate the decision to the Secretariat as soon as possible, and no later than nine months after the date of dispatch of the decision guidance document by the Secretariat.
Where a chemical becomes subject to additional or amended restrictions F133..., the F134Secretary of State shallF135... adopt a revised import decision. F136... The F134Secretary of State shall communicate the revised import decision to the Secretariat.
F1372
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
An import decision under paragraph 1 shall relate to the category or categories specified for the chemical in the decision guidance document.
4
When communicating the import decision to the Secretariat, the F138Secretary of State shall provide a description of the legislative or administrative measure upon which it is based.
5
6
Where appropriate, the F141Secretary of State shall evaluate, in close cooperation with the F142Designated National Authority, the Scottish Ministers and the Welsh Ministers, the need to F143take measures F144... in order to prevent any unacceptable risks to human health or the environment F145..., taking into account the information given in the decision guidance document.
F1277
The functions of the Secretary of State under paragraph 1 to adopt an import decision and to adopt a revised import decision are subject to the consent requirement in Article 23B.
Article 14Obligations in relation to export of chemicals other than export notification
1
F146The Designated National Authority must make available via its website the information which it receives, whether in the form of circulars or otherwise, from the Secretariat regarding chemicals subject to the PIC procedure and the decisions of importing Parties regarding import conditions applicable to those chemicals. F147... The F148Designated National Authority shall assign each import decision a reference identification number and keep all information regarding such decisions publicly available F149via its website.
F1502
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1513
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Exporters shall comply with decisions in each import response no later than six months after the Secretariat first informs the F152Designated National Authority of such decisions under paragraph 1.
5
F153The Designated National Authority shall advise and assist importing Parties, upon request and as appropriate, in obtaining further information needed to prepare a response to the Secretariat concerning the import of a given chemical.
6
Substances listed in Part 2 or 3 of F154the GB PIC list or mixtures containing such substances in a concentration that triggers labelling obligations under Regulation (EC) No 1272/2008 irrespective of the presence of any other substances shall, regardless of their intended use in the importing Party or other country, not be exported unless either of the following conditions is fulfilled:
a
b
In the case of chemicals listed in Part 2 of F159the GB PIC list that are to be exported to OECD countries, the F160exporter’s Designated National Authority may, at the request of the exporter, F161... decide that no explicit consent is required if the chemical, at the time of importation into the OECD country concerned, is licensed, registered or authorised in that OECD country.
Where explicit consent has been sought pursuant to point (a) of the first subparagraph, if the F162Designated National Authority has not received a response to the request within 30 days, the F162Designated National AuthorityF163must send a reminder F164to the designated national authority of the importing Party or Northern Ireland or to an appropriate authority in the importing other country. Where appropriate, if there is still no response within a further 30 days, the F165Designated National Authority may send further reminders as necessary.
7
In the case of chemicals listed in Part 2 or 3 of F166the GB PIC list, the F167exporter’s Designated National Authority may, F168... subject to the second subparagraph, decide that the export may proceed, if no evidence from official sources of final regulatory action to ban or severely restrict the use of the chemical taken by the F169importing Party, other country or Northern Ireland exists and if, after all reasonable efforts, no response to a request for explicit consent pursuant to point (a) of paragraph 6 has been received within 60 days and where one of the following conditions is met:
a
there is evidence from official sources in the F169importing Party, other country or Northern Ireland that the chemical is licensed, registered or authorised; or
b
the intended use declared in the export notification and confirmed in writing by the natural or legal person importing the chemical into F170a Party, other country or Northern Ireland, is not in a category for which the chemical is listed in Part 2 or 3 of F171the GB PIC list, and there is evidence from official sources that the chemical has in the last five years been used in or imported into the importing Party or other country concerned F172or used in or imported into Northern Ireland (as appropriate).
In the case of chemicals listed in Part 3 of F173the GB PIC list, an export based on the fulfilment of the condition under point (b) may not proceed if the chemical has been classified in accordance with Regulation (EC) No 1272/2008 as carcinogenic category 1A or 1B, or mutagenic category 1A or 1B, or toxic for reproduction category 1A or 1B or the chemical fulfils the criteria of Annex XIII to Regulation (EC) No 1907/2006 for being persistent, bioaccumulative and toxic or very persistent and very bioaccumulative.
When deciding on the export of chemicals listed in Part 3 of F174the GB PIC list, the F175exporter’s Designated National Authority shallF176... consider the possible impact on human health or the environment of the use of the chemical in the F177importing Party, other country or Northern IrelandF178....
8
The validity of each explicit consent obtained pursuant to point (a) of paragraph 6 or decision to proceed with export in the absence of explicit consent pursuant to paragraph 7 shall be subject to periodic review by the F179Designated National Authority as follows:
a
for each explicit consent obtained pursuant to point (a) of paragraph 6 a new explicit consent shall be required by the end of the third calendar year after the consent was given, unless the terms of that consent require otherwise;
b
unless a response to a request has been received in the meantime, each decision to proceed without explicit consent pursuant to paragraph 7 shall be valid for a maximum period of 12 months, upon expiry of which explicit consent shall be required.
In the cases referred to in point (a) of the first subparagraph, exports may, however, continue after the end of the relevant period, pending a response to a new request for explicit consent, for an additional period of 12 months.
F1809
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
No chemical shall be exported later than six months before its expiry date, where such a date exists or can be inferred from the production date, unless the intrinsic properties of the chemical render that impracticable. In particular, in the case of pesticides, exporters shall ensure that the size and packaging of containers is optimised so as to minimise the risk of creating obsolete stocks.
11
When exporting pesticides, exporters shall ensure that the label contains specific information about storage conditions and storage stability under the climatic conditions of the F181importing Party, other country or Northern Ireland. In addition, they shall ensure that the pesticides exported comply with the purity specification laid down in F182retained EU law.
Article 15Export of certain chemicals and articles
1
Articles shall be subject to the export notification procedure laid down in Article 8 if they contain any of the following:
a
substances listed in Part 2 or 3 of F183the GB PIC list in unreacted form;
b
mixtures containing such substances in a concentration that triggers labelling obligations under Regulation (EC) No 1272/2008 irrespective of the presence of any other substances.
Article 16Information on transit movements
1
Parties to the Convention requiring information concerning transit movements of chemicals subject to the PIC procedure, together with the information requested by each Party to the Convention through the Secretariat, shall be as listed in Annex VI.
2
Where a chemical listed in Part 3 of F186the GB PIC list is transported through the territory of a Party to the Convention listed in Annex VI, the exporter shall, as far as practicable, provide the F187exporter's Designated National Authority with the information required by the Party to the Convention in accordance with Annex VI no later than 30 days before the first transit movement takes place and no later than eight days before each subsequent transit movement.
F1883
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The F189Designated National Authority shall forward the information received under F190paragraph 2 to the designated national authorities of Parties to the Convention which requested that information, together with any additional information available, no later than 15 days before the first transit movement and prior to any subsequent transit movement.
Article 17Information to accompany exported chemicals
1
Chemicals that are intended for export shall be subject to the provisions on packaging and labelling established in, or pursuant to, Regulation (EC) No 1107/2009, F192Regulation (EU) No 528/2012 and Regulation (EC) No 1272/2008, or any other relevant F193retained EU law.
The first subparagraph shall apply unless those provisions would conflict with any specific requirements of F191importing Parties, other countries or Northern Ireland.
2
Where appropriate, the expiry date and the production date of chemicals referred to in paragraph 1 or listed in F194Part 1, 2 or 3 of the GB PIC list shall be indicated on the label, and if necessary such expiry dates shall be given for different climate zones.
3
A safety data sheet in accordance with Regulation (EC) No 1907/2006 shall accompany chemicals referred to in paragraph 1 when exported. The exporter shall send such a safety data sheet to each natural or legal person importing the chemical into a F195Party, other country or Northern Ireland.
4
The information on the label and on the safety data sheet shall as far as practicable be given in the official languages, or in one or more of the principal languages, of the country of destination or of the area of intended use.
Article 18Obligations of the F196Designated National Authority for controlling import and export
1
F197The Designated National Authority shall have the responsibility of controlling the import and export of chemicals listed in F198Parts 1, 2 and 3 of the GB PIC list.
F199The Designated National Authority shall act in a targeted and coordinated way in monitoring exporters’ compliance with this Regulation.
F2002
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2013
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 19Further obligations of exporters
1
Exporters of chemicals subject to the obligations set out in Article 8(2) and (4) shall provide the applicable reference identification numbers in their export declaration F202....
2
Exporters of chemicals exempted by Article 8(5) from the obligations set out in paragraphs 2 and 4 of that Article or of chemicals for which those obligations have ceased in accordance with Article 8(6) shall obtain a special reference identification number F203from the exporter's Designated National Authority and provide that reference identification number in their export declaration.
F2043
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 20Exchange of information
1
F205The Secretary of State shall, as appropriate, facilitate the provision of scientific, technical, economic and legal information concerning chemicals subject to this Regulation, including toxicological, ecotoxicological and safety information.
F206The Secretary of State, shall, as appropriate, ensure the following:
a
the provision of publicly available information concerning regulatory actions relevant to the objectives of the Convention;
b
the provision of information for F207a Party, other country or Northern Ireland directly or through the Secretariat concerning those actions which substantially restrict one or more uses of a chemical.
2
3
As regards the transmission of information under this Regulation, and without prejudice to F210the Environmental Information Regulations 2004 and the Environmental Information (Scotland) Regulations 2004, the following information at least shall not be regarded as confidential:
a
the information specified in Annex II and Annex IV;
b
the information contained in safety data sheets referred to in Article 17(3);
c
the expiry date of a chemical;
d
the production date of a chemical;
e
information concerning precautionary measures, including hazard classification, the nature of the risk and the relevant safety advice;
f
the summary results of toxicological and ecotoxicological tests;
g
information concerning handling packaging after chemicals have been removed.
4
A compilation of the information transmitted shall be prepared every two years by the F211Designated National Authority.
Article 21Technical assistance
F212The Secretary of State shall, taking into account in particular the needs of developing countries and countries with economies in transition, F213promote technical assistance, including training, for the development of the infrastructure, the capacity and the expertise necessary to manage chemicals properly throughout their lifecycles.
In particular, and with a view to enabling those countries to implement the Convention, technical assistance shall be promoted by means of the provision of technical information concerning chemicals, the promotion of the exchange of experts, support for the establishment or maintenance of designated national authorities and the provision of technical expertise for the identification of hazardous pesticide formulations and for the preparation of notifications to the Secretariat.
F214The Secretary of State shall actively participate in international activities in capacity-building in chemicals management, by providing information concerning the projects F215the Secretary of State is supporting or financing to improve the management of chemicals in developing countries and countries with economies in transition. F214The Secretary of State shall also consider giving support to non-governmental organisations.
F216Article 22Monitoring and reporting
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 23Updating F217the GB PIC list
1
2
When determining whether a final regulatory action F222... constitutes a ban or a severe restriction, the effect of that action shall be assessed at the level of the subcategories within the categories ‘pesticides’ and ‘industrial chemicals’. If the final regulatory action bans or severely restricts a chemical within any one of the subcategories it shall be included in Part 1 of F223the GB PIC list.
When determining whether a final regulatory action F222... constitutes a ban or a severe restriction such that the chemical concerned qualifies for PIC notification under Article 11, the effect of that action shall be assessed at the level of the categories ‘pesticides’ and ‘industrial chemicals’. If the final regulatory action bans or severely restricts a chemical within either of the categories it shall also be included in Part 2 of F223the GB PIC list.
3
4
In order to adapt this Regulation to technical progress, the F227Secretary of State may by regulations amend Annexes II, IV and VI.
F2185
The function of the Secretary of State under paragraph 3 is subject to the consent requirement in Article 23B.
F229Article 23ARegulation making power
1
Any power to make regulations conferred on the Secretary of State by this Regulation is exercisable by statutory instrument.
2
Such regulations may—
a
contain incidental, supplemental, consequential and transitional provision, and
b
may make different provision for different purposes.
3
A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
F229Article 23BThe consent requirement
1
Where any provision of this Regulation states that a function is subject to the consent requirement in this Article, the function may be exercised in a particular instance only if the person exercising it has obtained the consent or consents (if any) required by paragraphs 2 and 3.
2
The consent of the Scottish Ministers is required if, or to the extent that, the exercise of the function is within devolved competence (within the meaning of section 54 of the Scotland Act 1998 ) whether or not the exercise of the function also relates to a part of the United Kingdom other than Scotland.
3
The consent of the Welsh Ministers is required if, or to the extent that, the exercise of the function is within devolved competence (within the meaning of section 58A(7) and (8) of the Government of Wales Act 2006 ) whether or not the exercise of the function also relates to a part of the United Kingdom other than Wales.
F228Article 24The budget of the Agency
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F228Article 25Formats and software for submission of information to the Agency
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F228Article 26Exercise of the delegation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F228Article 27Committee procedure
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F228Article 28Penalties
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F228Article 29Transitional period on the classification, labelling and packaging of chemicals
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F228Article 30Repeal
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F228Article 31Entry into force
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F228...
F230ANNEX ILIST OF CHEMICALS
F230PART 1List of chemicals subject to export notification procedure
(referred to in Article 8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F230PART 2List of chemicals qualifying for PIC notification
(referred to in Article 11)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F230PART 3List of chemicals subject to the PIC procedure
(referred to in Articles 13 and 14)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX IIEXPORT NOTIFICATION
Words in Annex 2 para. 1(d) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 171(2); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 2 para. 2(b) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 171(3)(a) (as amended by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 59(a)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 2 para. 2(c) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 171(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 2 para. 3(b) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 171(4) (as amended by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 59(a)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 2 para. 5 substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 171(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 2 para. 5(a) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 171(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 2 para. 8 substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 171(6)(a) (as substituted by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 59(b)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 2 para. 8(a) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 171(6)(b) (as substituted by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 59(b)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Annex 2 para. 8(b) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 171(6)(c) (as substituted by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 59(b)); 2020 c. 1, Sch. 5 para. 1(1)
The following information is required pursuant to Article 8:
- 1.
Identity of the substance to be exported:
- (a)
name in nomenclature of the International Union of Pure and Applied Chemistry;
- (b)
other names (e.g. ISO name, usual names, trade names, and abbreviations);
- (c)
European Inventory of Existing Chemical Substances (Einecs) number and Chemical Abstracts Services (CAS) number;
- (d)
F239a classification code in accordance with section 8 of the Taxation (Cross-border Trade) Act 2018;
- (e)
main impurities of the substance, when particularly relevant.
- (a)
- 2.
Identity of the mixture to be exported:
- 3.
Identity of the article to be exported:
- (a)
trade name and/or designation of the article;
- (b)
for each substance listed in F232Part 1, 2 or 3 of the GB PIC list, percentage and details as specified under point 1.
- (a)
- 4.
Information on the export:
- (a)
country of destination;
- (b)
country of origin;
- (c)
expected date of first export this year;
- (d)
estimated amount of the chemical to be exported to the country concerned this year;
- (e)
intended use in the country of destination, if known, including information on the category(ies) under the Convention under which the use falls;
- (f)
name, address and other relevant particulars of the natural or legal importing person;
- (g)
name, address and other relevant particulars of the exporter.
- (a)
- 5.
F238Designated National Authority:
- (a)
the name, address, telephone and telex, fax number or e-mail of the F236Designated National Authority from which further information may be obtained;
- (b)
the name, address, telephone and telex, fax number or e-mail of the designated authority in the importing country.
- (a)
- 6.
Information on precautions to be taken, including category of danger and risk and safety advice.
- 7.
A summary on physicochemical, toxicological and ecotoxicological properties.
- 8.
Use of the chemical in F237Great Britain:
- (a)
uses, category(ies) under the Convention and F233Great Britain subcategory(ies) subject to control measure (ban or severe restriction);
- (b)
uses for which the chemical is not severely restricted or banned (use categories and subcategories as defined in F234Parts 1, 2 and 3 of the GB PIC list);
- (c)
estimation, where available, of quantities of the chemical produced, imported, exported and used.
- (a)
- 9.
Information on precautionary measures to reduce exposure to, and emission of, the chemical.
- 10.
Summary of regulatory restrictions and reasons for them.
- 11.
Summary of information specified in points 2(a), (c) and (d) of Annex IV.
- 12.
Additional information provided by the exporting Party because considered of concern or further information specified in Annex IV when requested by the importing Party.
F240ANNEX IIIInformation to be supplied to the Commission by the designated national authorities of the Member States in accordance with Article 10
F2401.Summary of quantities of chemicals (in the form of substances, mixtures and articles) subject to Annex I exported during the previous year.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2402.List of natural or legal persons importing chemicals into a Party or other country
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX IVNotification to the Secretariat of the Convention of a banned or severely restricted chemical
INFORMATION REQUIREMENTS FOR NOTIFICATIONS PURSUANT TO ARTICLE 11
Notifications shall include:
- 1.
properties, identification and uses
- (a)
common name;
- (b)
chemical name according to an internationally recognised nomenclature (for example International Union of Pure and Applied Chemistry (IUPAC)), where such nomenclature exists;
- (c)
trade names and names of mixtures;
- (d)
code numbers: Chemical Abstracts Service (CAS) number, Harmonised System Customs Code and other numbers;
- (e)
information on hazard classification, where the chemical is subject to classification requirements;
- (f)
use or uses of the chemical:
in F241Great Britain,
elsewhere (if known);
- (g)
the physicochemical, toxicological and ecotoxicological properties;
- (a)
- 2.
final regulatory action
- (a)
information specific to the final regulatory action:
- (i)
summary of the final regulatory action;
- (ii)
reference to the regulatory document;
- (iii)
date of entry into force of the final regulatory action;
- (iv)
indication of whether the final regulatory action was taken on the basis of a risk or hazard evaluation and, if so, information on such an evaluation, covering a reference to the relevant documentation;
- (v)
reasons for the final regulatory action relevant to human health, including the health of consumers and workers, or the environment;
- (vi)
summary of the hazards and risks presented by the chemical to human health, including the health of consumers and workers, or the environment and the expected effect of the final regulatory action;
- (i)
- (b)
category or categories where the final regulatory action has been taken, and for each category:
- (i)
use or uses prohibited by the final regulatory action;
- (ii)
use or uses that remain allowed;
- (iii)
estimation, where available, of quantities of the chemical produced, imported, exported and used;
- (i)
- (c)
an indication, to the extent possible, of the likely relevance of the final regulatory action to other States and regions;
- (d)
other relevant information that may cover:
- (i)
assessment of socioeconomic effects of the final regulatory action;
- (ii)
information on alternatives and their relative risks, where available, such as:
integrated pest management strategies,
industrial practices and processes, including cleaner technology.
- (i)
- (a)
F242ANNEX VChemicals and articles subject to export ban
Annex 5 omitted (31.12.2020) by virtue of The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 174 (with Sch. 4 para. 5) (as amended by S.I. 2020/1567, reg. 1(2), Sch. 4); 2020 c. 1, Sch. 5 para. 1(1)
F242PART 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F242PART 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX VIList of Parties to the Convention requiring information concerning transit movements of chemicals subject to the PIC procedure
(referred to in Article 16)
Country | Required information |
---|---|
F243ANNEX VIICorrelation table
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annex 1 omitted (31.12.2020) by virtue of The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 170 (with Sch. 4 para. 5) (as amended by S.I. 2020/1567, reg. 1(2), Sch. 4); 2020 c. 1, Sch. 5 para. 1(1)