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)

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Article 8U.K.Export notifications forwarded to Parties and other countries

1.In the case of substances listed in Part 1 of [F1the 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 [F2importing Party, other country or Northern Ireland].

2.When an exporter is due to export a chemical referred to in paragraph 1 from [F3Great Britain][F4to 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 [F5exporter's Designated National Authority], no later than 35 days before the expected date of export. Thereafter the exporter shall notify [F6the 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 F7....

The [F8exporter's Designated National Authority] shall check compliance of the information with Annex II F9....

[F10The Designated National Authority must], transmit the notification to the designated national authority of the importing Party [F11or 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 [F12Designated National Authority][F13must maintain a list of export notifications and assign each export notification] a reference identification number F14.... The [F12Designated National Authority] shall also make available to the public F15... an updated list of the chemicals concerned and the [F16importing Parties, other countries and Northern Ireland] for each calendar year [F17via its website].

3.If the [F18Designated National Authority] does not receive from the [F19importing 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 [F20the GB PIC list] within 30 days of the dispatch of such notification, it shallF21... submit a second notification. The [F22Designated National Authority] shallF23... make reasonable efforts to ensure that the designated national authority of the importing Party [F24or 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 [F25retained 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 [F26the 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 [F26the importing Party, other country or Northern Ireland] and at the discretion of the [F27exporter’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 [F28, 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

(c)the [F29Designated National Authority] has been informed of that response by the Secretariat F30....

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 [F31, 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 [F32or 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

(b)the [F33Designated National Authority] has received the information from the Secretariat or from the designated national authority of the importing Party [F34or Northern Ireland] or the appropriate authority of the importing other country [F35and has made it publicly available via its website].

7.[F36The Designated National Authority] and the exporters shall, on request, provide [F37importing Parties, other countries and Northern Ireland] with available additional information concerning the exported chemicals.

F388.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in Art. 8(1) 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. 152(2)(a) (as substituted by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 45(2)); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in Art. 8(1) 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. 152(2)(b) (as substituted by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 45(2)); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 8(2) 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. 152(3)(a)(i) (as substituted by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 45(3)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Art. 8(2) 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. 152(3)(a)(ii) (as substituted by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 45(3)(a)(iii)); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in Art. 8(2) 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. 152(3)(a)(iii) (as amended by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 45(3)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in Art. 8(2) 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. 152(3)(a)(iv) (as amended by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 45(3)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F7Words in Art. 8(2) 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. 152(3)(a)(v) (as amended by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 45(3)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F8Words in Art. 8(2) 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. 152(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9Words in Art. 8(2) 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. 152(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10Words in Art. 8(2) 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. 152(3)(c)(i) (as substituted by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 45(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)