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)

Changes over time for: Article 3

Version Superseded: 01/11/2022

Alternative versions:

04/07/2012- Amendment
Exit day: start of implementation period31/01/2020 11pm- Amendment
End of implementation period31/12/2020- Amendment
31/12/2020
Point in time
01/11/2022- Amendment

Status:

Point in time view as at 31/12/2020. This version of this provision has been superseded.

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Article 3U.K.Definitions

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;

(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 [F1retained 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 market(1);

(b)

other pesticides, such as:

(i)

biocidal products under [F2Regulation (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 [F3the Veterinary Medicines Regulations 2013 and the Human Medicines Regulations 2012];

(6)

‘industrial chemicals’ means chemicals in either of the following subcategories:

(a)

chemicals for use by professionals;

(b)

chemicals for use by the public;

(7)

‘chemical subject to export notification’ means any chemical that is banned or severely restricted [F4by retained EU law] within one or more categories or subcategories, and any chemical listed in Part 1 of [F5the 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 [F6by retained EU law] within one or more categories. Chemicals banned or severely restricted in [F7Great Britain] within one or more categories are listed in Part 2 of [F8the GB PIC list];

(9)

‘chemical subject to the PIC procedure’ means any chemical listed in [F9both] Annex III to the Convention and in Part 3 of [F10the 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 [F11retained 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 [F12Great 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;

(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 [F13retained 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 [F14Great 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;

(12)

F15...

(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)

F16...

(16)

[F17‘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];

(17)

‘import’ means the [F18importation 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 [F19Party, other country or Northern Ireland] and has the power to determine that the chemical be sent out of [F20Great 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 [F21Great Britain];

(c)

where the benefit of a right to dispose of the chemical belongs to a person established outside [F22Great Britain] pursuant to the contract on which the export is based, the contracting party established in [F22Great Britain];

(19)

‘importer’ means any natural or legal person who at the time of import into [F23Great 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)

F24...

(23)

‘Secretariat’ means the Secretariat of the Convention F25... ;

(24)

[F26‘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.]

Textual Amendments

F1Words in Art. 3(4) 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. 147(2); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in Art. 3(5)(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. 147(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 3(5)(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. 147(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Art. 3(7) 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. 147(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in Art. 3(7) 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. 147(4)(b) (as amended by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 42(a)); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in Art. 3(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. 147(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F7Words in Art. 3(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. 147(5)(b)(i) (as substituted by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 42(b)); 2020 c. 1, Sch. 5 para. 1(1)