Article 8Export 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 BritainF38to 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 F4exporter's Designated National Authority, no later than 35 days before the expected date of export. Thereafter the exporter shall notify F9the 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 F10....

The F11exporter's Designated National Authority shall check compliance of the information with Annex II F12....

F5The Designated National Authority must, transmit the notification to the designated national authority of the importing Party F6or 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 F13Designated National AuthorityF14must maintain a list of export notifications and assign each export notification a reference identification number F15.... The F13Designated National Authority shall also make available to the public F16... an updated list of the chemicals concerned and the F7importing Parties, other countries and Northern Ireland for each calendar year F8via its website.

3

If the F17Designated National Authority does not receive from the F18importing 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 F19the GB PIC list within 30 days of the dispatch of such notification, it shallF20... submit a second notification. The F21Designated National Authority shallF22... make reasonable efforts to ensure that the designated national authority of the importing Party F23or 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 F24retained 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 F25the 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 F25the importing Party, other country or Northern Ireland and at the discretion of the F26exporter’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 F27, 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 F28Designated National Authority has been informed of that response by the Secretariat F29....

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 F30, 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 F31or 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 F32Designated National Authority has received the information from the Secretariat or from the designated national authority of the importing Party F33or Northern Ireland or the appropriate authority of the importing other country F34and has made it publicly available via its website.

7

F35The Designated National Authority and the exporters shall, on request, provide F36importing Parties, other countries and Northern Ireland with available additional information concerning the exported chemicals.

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