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 Committee(1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure(2),
Whereas:
(1) Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals(3) 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.
(2) Regulation (EC) No 689/2008 implements the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade(4) (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 chemicals(5).
(3) 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 Agency(6), 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 mixtures(7) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) 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.
(15) 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.
(16) 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.
(17) 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.
(18) 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.
(19) 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.
(20) 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.
(21) 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.
(22) 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.
(23) 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.
(24) 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 powers(8).
(25) 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.
(26) Regulation (EC) No 689/2008 should be repealed.
(27) 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 1 Objectives
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 BritainF1] on their import and export and by disseminating decisions [F2to Parties, other countries and Northern IrelandF2] 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 BritainF3][F4 to other Parties, other countries or Northern IrelandF4] , unless those provisions would conflict with any specific requirements [F5of those Parties, other countries or Northern IrelandF5] .
Article 2 Scope
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 BritainF6] ;
(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 precursors(9);
(b)radioactive materials and substances covered by [F7the Ionising Radiations Regulations 2017F7] ;
(c)wastes covered by [F8the Waste (England and Wales) Regulations 2011 and the Waste (Scotland) Regulations 2011F8] ;
(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 items(10);
(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 rules(11);
(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 safety(12), 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 2002F9] ;
(h)save to the extent covered by Article 3(5)(b) of this Regulation, proprietary medicinal products and veterinary medicinal products covered by [F10the Human Medicines Regulations 2012F10] and [F11the Veterinary Medicines Regulations 2013F11] respectively.
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,F12] 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 AuthorityF13] and provide that reference identification number in their export declaration.
Article 3 Definitions
For the purposes of this Regulation, the following definitions shall apply:
‘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:
pesticides, including severely hazardous pesticide formulations;
industrial chemicals;
‘substance’ means any chemical element and its compounds as defined in point 1 of Article 3 of Regulation (EC) No 1907/2006 ;
‘mixture’ means a mixture or a solution as defined in point 8 of Article 2 of Regulation (EC) No 1272/2008 ;
‘article’ means a finished product containing or including a chemical, the use of which has been banned or severely restricted by [[F14,F15 assimilated F15] law F14] in that particular product where that product does not fall under point 2 or 3;
‘pesticides’ means chemicals in either of the following subcategories:
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(13);
other pesticides, such as:
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 productsF16] ; and
disinfectants, insecticides and parasiticides covered by [F17the Veterinary Medicines Regulations 2013 and the Human Medicines Regulations 2012F17] ;
‘industrial chemicals’ means chemicals in either of the following subcategories:
chemicals for use by professionals;
chemicals for use by the public;
‘chemical subject to export notification’ means any chemical that is banned or severely restricted [F18 by [F19 assimilated F19] law F18] within one or more categories or subcategories, and any chemical listed in Part 1 of [F20 the GB PIC list F20] that is subject to the PIC procedure;
‘chemical qualifying for PIC notification’ means any chemical that is banned or severely restricted [F21 by [F22 assimilated F22] law F21] within one or more categories. Chemicals banned or severely restricted in [F23 Great Britain F23] within one or more categories are listed in Part 2 of [F24 the GB PIC list F24] ;
‘chemical subject to the PIC procedure’ means any chemical listed in [F25 both F25] Annex III to the Convention and in Part 3 of [F26 the GB PIC list F26] ;
‘banned chemical’ means either of the following:
a chemical all uses of which within one or more categories or subcategories have been prohibited by final regulatory action by [[F27,F28 assimilatedF28] lawF27] in order to protect human health or the environment;
a chemical that has been refused approval for first-time use or has been withdrawn by industry either from the [F29Great BritainF29] 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;
‘severely restricted chemical’ means either of the following:
a chemical, virtually all use of which within one or more categories or subcategories has been prohibited by final regulatory action by [[F30,F31 assimilatedF31] lawF30] in order to protect human health or the environment, but for which certain specific uses remain allowed;
a chemical that has, for virtually all uses, been refused for approval or been withdrawn by industry either from the [F32Great BritainF32] 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;
F33 ...
‘final regulatory action’ means a legally binding act the purpose of which is to ban or severely restrict a chemical;
‘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;
F34 ...
[F35 “ export ” means:
the export of a chemical made in accordance with sections 33(4), 35 or 36 of the Taxation (Cross-border Trade) Act 2018;
the removal of a chemical from Great Britain to Northern Ireland; or
the export of a chemical where the chemicals are, 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 BritainF35] ;
‘import’ means the [F36 importation 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 F36] ;
‘exporter’ means any of the following persons, whether natural or legal:
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 [F37Party, other country or Northern IrelandF37] and has the power to determine that the chemical be sent out of [F38Great BritainF38] ;
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 [F39Great BritainF39] ;
where the benefit of a right to dispose of the chemical belongs to a person established outside [F40Great BritainF40] pursuant to the contract on which the export is based, the contracting party established in [F40Great BritainF40] ;
‘importer’ means any natural or legal person who at the time of import into [F41 Great Britain F41] is the consignee for the chemical;
‘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;
‘other country’ means any country that is not a Party;
F42 ...
F43 ‘Secretariat’ means the Secretariat of the Convention ... ;
[F44 ‘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;
‘exporter's Designated National Authority’ means the Designated National Authority of the country in which the exporter is established;
‘GB PIC list’ means the list established and maintained in accordance with Articles 7 and 23. F44]
F45Article 4 Designated national authorities of the Member States
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 5 Participation of the [F46United KingdomF46] in the Convention
1.Participation in the Convention shall be [F47theF47] responsibility of the [F48Secretary of StateF48] , in particular as regards technical assistance, the exchange of information and matters relating to dispute settlement, participation in subsidiary bodies and voting.
[F49 2.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.F49]
F503.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F51Article 6 Tasks 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.F51]
Article 7 F52Chemicals subject to export notification, chemicals qualifying for PIC notification, ... chemicals subject to the PIC procedure [F53, chemicals subject to Regulation (EC) No 850/2004, and chemicals already subject to an export banF53]
[F54 1.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.F54]
[F55 2.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.F55]
3.[F56 The Designated National Authority must make the GB PIC listF56] publicly available [F57via its websiteF57] .
Article 8 Export notifications forwarded to Parties and other countries
1.In the case of substances listed in Part 1 of [F58the GB PIC listF58] 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 [F59importing Party, other country or Northern IrelandF59] .
2.F64When an exporter is due to export a chemical referred to in paragraph 1 from [F60Great BritainF60][F61 to a Party, other country or Northern IrelandF61] for the first time on or after the date on which it becomes subject to this Regulation, the exporter shall notify the [F62exporter's Designated National AuthorityF62] , no later than 35 days before the expected date of export. Thereafter the exporter shall notify [F63the Designated National AuthorityF63] 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 ....
F66The [F65exporter's Designated National AuthorityF65] shall check compliance of the information with Annex II ....
[F67 The Designated National Authority mustF67] , transmit the notification to the designated national authority of the importing Party[F68 or Northern IrelandF68] 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.
F71,F72The [F69Designated National AuthorityF69][F70 must maintain a list of export notifications and assign each export notificationF70] a reference identification number .... The [F69Designated National AuthorityF69] shall also make available to the public ... an updated list of the chemicals concerned and the [F73importing Parties, other countries and Northern IrelandF73] for each calendar year [F74via its websiteF74] .
3.F78,F80If the [F75Designated National AuthorityF75] does not receive from the [F76importing Party, other country or Northern IrelandF76] an acknowledgement of receipt of the first export notification made after the chemical is included in Part 1 of [F77the GB PIC listF77] within 30 days of the dispatch of such notification, it shall... submit a second notification. The [F79Designated National AuthorityF79] shall... make reasonable efforts to ensure that the designated national authority of the importing Party[F81 or Northern IrelandF81] 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 [[F82,F83 assimilatedF83] lawF82] 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 [F84the importing Party, other country or Northern IrelandF84] , 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 [F84the importing Party, other country or Northern IrelandF84] and at the discretion of the [F85exporter’s Designated National AuthorityF85] .
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[F86 , 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 chemicalF86] ; and
(c)F88the [F87Designated National AuthorityF87] has been informed of that response by the Secretariat ....
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 [F89, 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 otherwiseF89] .
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[F90 or Northern IrelandF90] 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 [F91Designated National AuthorityF91] has received the information from the Secretariat or from the designated national authority of the importing Party[F92 or Northern IrelandF92] or the appropriate authority of the importing other country[F93 and has made it publicly available via its websiteF93] .
7.[F94 The Designated National AuthorityF94] and the exporters shall, on request, provide [F95importing Parties, other countries and Northern IrelandF95] with available additional information concerning the exported chemicals.
F968.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 9 Export notifications received from Parties and other countries
1.F97...
[F98 The Designated National Authority mustF98] acknowledge receipt of the first export notification received [F99concerning 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,F99] for each chemical from [F100each Party, other country or Northern IrelandF100] .
F101...
F1022.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 10 Information on export and import of chemicals
1.Each exporter of one or more of the following:
(a)substances listed in [F103Part 1, 2 or 3 of the GB PIC listF103] ;
(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 [F104the GB PIC listF104] 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 [F105exporter’s Designated National AuthorityF105] regarding the quantity of the chemical, as a substance and as contained in mixtures or in articles, shipped to [F106each Party, other country or Northern IrelandF106] 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 [F107a Party, other country or Northern IrelandF107] to which shipment took place during the same period. That information shall list separately exports pursuant to Article 14(7).
Each importer within [F108Great BritainF108] shall provide the equivalent information for the quantities imported into [F108Great BritainF108] .
2.At the request of the [F109Designated National AuthorityF109] the exporter or importer shall provide any additional information relating to chemicals that is necessary to implement this Regulation.
3.F110... The [F111Designated National AuthorityF111] shall make the non-confidential information publicly available [F112via its websiteF112] .
Article 11 Notification of banned or severely restricted chemicals under the Convention
1.The [F113Secretary of StateF113] shall notify the Secretariat in writing of the chemicals listed in Part 2 of [F114the GB PIC listF114] which qualify for PIC notification.
2.F117Whenever further chemicals are added to Part 2 of [F115the GB PIC listF115] pursuant to the second subparagraph of Article 23(2), the [F116Secretary of StateF116] 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 ... 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 [F118Secretary of StateF118] shall take into account whether the chemical is already listed in Part 3 of [F119the GB PIC listF119] , 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 [F120Designated National AuthorityF120] , 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 [F121Secretary of StateF121] 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 [F121Secretary of StateF121] shall provide all relevant information that was not available at the time the initial notification was made under paragraphs 1 or 2 respectively.
6.At the request of any Party or the Secretariat, the [F122Secretary of StateF122] shall provide additional information concerning the chemical or the final regulatory action, as far as practicable.
F123...
7.F124...
F129,F130[F125 On 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, whereF125] appropriate, the [F126Secretary of StateF126] shall evaluate, in close cooperation with the [F127Designated National Authority, the Scottish Ministers and the Welsh MinistersF127] , the need to [F128takeF128] measures ... in order to prevent any unacceptable risks to human health or the environment ....
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Article 12 Information 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 [F132the GB PIC list, the Secretary of StateF132] 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 13 Obligations in relation to import of chemicals
1.F133...
F135,F136[F134 Where 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 documentF134] , adopt an import decision in the form of a final or interim import response ... concerning the future import of the chemical concerned. ... The [F137Secretary of StateF137] 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.
F138,F140,F141Where a chemical becomes subject to additional or amended restrictions ..., the [F139Secretary of StateF139] shall... adopt a revised import decision. ... The [F139Secretary of StateF139] shall communicate the revised import decision to the Secretariat.
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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 [F143Secretary of StateF143] shall provide a description of the legislative or administrative measure upon which it is based.
5.[F144 The Designated National AuthorityF144] shall make the import decisions under paragraph 1 [F145publicly available via its websiteF145] .
6.F149,F150Where appropriate, the [F146Secretary of StateF146] shall evaluate, in close cooperation with the [F147Designated National Authority, the Scottish Ministers and the Welsh MinistersF147] , the need to [F148takeF148] measures ... in order to prevent any unacceptable risks to human health or the environment ..., taking into account the information given in the decision guidance document.
[F151 7.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.F151]
Article 14 Obligations in relation to export of chemicals other than export notification
1.F153[F152 The Designated National Authority must make available via its website the information which it receivesF152] , 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. ... The [F154Designated National AuthorityF154] shall assign each import decision a reference identification number and keep all information regarding such decisions publicly available [F155via its websiteF155] .
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4.Exporters shall comply with decisions in each import response no later than six months after the Secretariat first informs the [F158Designated National AuthorityF158] of such decisions under paragraph 1.
5.[F159 The Designated National AuthorityF159] 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 [F160the GB PIC listF160] 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)explicit consent to import has been sought and received by the exporter through the [F161exporter’s Designated National AuthorityF161] , and the designated national authority of the importing Party[F162 or Northern IrelandF162] or an appropriate authority in an importing other country;
(b)in the case of chemicals listed in Part 3 of [F163the GB PIC listF163] , the latest circular issued by the Secretariat pursuant to paragraph 1 indicates that the importing Party has given consent to import[F164 , or in the case of Northern Ireland the European Union has given consent to importF164] .
F167In the case of chemicals listed in Part 2 of [F165the GB PIC listF165] that are to be exported to OECD countries, the [F166exporter’s Designated National AuthorityF166] may, at the request of the exporter, ... 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 [F168Designated National AuthorityF168] has not received a response to the request within 30 days, the [F168Designated National AuthorityF168][F169 mustF169] send a reminder [F170to the designated national authority of the importing Party or Northern Ireland or to an appropriate authority in the importing other countryF170] . Where appropriate, if there is still no response within a further 30 days, the [F171Designated National AuthorityF171] may send further reminders as necessary.
7.F174In the case of chemicals listed in Part 2 or 3 of [F172the GB PIC listF172] , the [F173exporter’s Designated National AuthorityF173] may, ... 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 [F175importing Party, other country or Northern IrelandF175] 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 [F175importing Party, other country or Northern IrelandF175] 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 [F176a Party, other country or Northern IrelandF176] , is not in a category for which the chemical is listed in Part 2 or 3 of [F177the GB PIC listF177] , 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 [F178or used in or imported into Northern Ireland (as appropriate)F178] .
In the case of chemicals listed in Part 3 of [F179the GB PIC listF179] , 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.
F182,F184When deciding on the export of chemicals listed in Part 3 of [F180the GB PIC listF180] , the [F181exporter’s Designated National AuthorityF181] shall... consider the possible impact on human health or the environment of the use of the chemical in the [F183importing Party, other country or Northern IrelandF183] ....
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 [F185Designated National AuthorityF185] 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.
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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 [F187importing Party, other country or Northern IrelandF187] . In addition, they shall ensure that the pesticides exported comply with the purity specification laid down in [[F188,F189 assimilatedF189] lawF188] .
Article 15 Export 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 [F190the GB PIC listF190] 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.
2.Chemicals and articles the use of which is prohibited in [F191Great BritainF191] for the protection of human health or the environment, as listed in [F192Part 4 or 5 of the GB PIC listF192] , shall not be exported.
Article 16 Information 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 [F193the GB PIC listF193] is transported through the territory of a Party to the Convention listed in Annex VI, the exporter shall, as far as practicable, provide the [F194exporter's Designated National AuthorityF194] 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.
F1953.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.The [F196Designated National AuthorityF196] shall forward the information received under [F197paragraph 2F197] 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 17 Information 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, [F198Regulation (EU) No 528/2012F198] and Regulation (EC) No 1272/2008, or any other relevant [[F199,F200 assimilatedF200] lawF199] .
The first subparagraph shall apply unless those provisions would conflict with any specific requirements of [F201importing Parties, other countries or Northern IrelandF201] .
2.Where appropriate, the expiry date and the production date of chemicals referred to in paragraph 1 or listed in [F202Part 1, 2 or 3 of the GB PIC listF202] 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 [F203Party, other country or Northern IrelandF203] .
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 18 Obligations of the [F204Designated National AuthorityF204] for controlling import and export
1.[F205 The Designated National AuthorityF205] shall have the responsibility of controlling the import and export of chemicals listed in [F206Parts 1, 2 and 3 of the GB PIC listF206] .
[F207 The Designated National AuthorityF207] shall act in a targeted and coordinated way in monitoring exporters’ compliance with this Regulation.
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Article 19 Further obligations of exporters
1.F210Exporters 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 ....
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 [F211from the exporter's Designated National AuthorityF211] and provide that reference identification number in their export declaration.
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Article 20 Exchange of information
1.[F213 The Secretary of StateF213] 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.
[F214 The Secretary of State,F214] 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 [F215a Party, other country or Northern IrelandF215] directly or through the Secretariat concerning those actions which substantially restrict one or more uses of a chemical.
2.[F216 The Secretary of State and the Designated National AuthorityF216] shall protect any confidential information received from [F217a Party, other country or Northern IrelandF217] as mutually agreed.
3.As regards the transmission of information under this Regulation, and without prejudice to [F218the Environmental Information Regulations 2004 and the Environmental Information (Scotland) Regulations 2004F218] , 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 [F219Designated National AuthorityF219] .
Article 21 Technical assistance
[F220 The Secretary of StateF220] shall, taking into account in particular the needs of developing countries and countries with economies in transition, [F221promoteF221] 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.
[F222 The Secretary of StateF222] shall actively participate in international activities in capacity-building in chemicals management, by providing information concerning the projects [F223the Secretary of State isF223] supporting or financing to improve the management of chemicals in developing countries and countries with economies in transition. [F222The Secretary of StateF222] shall also consider giving support to non-governmental organisations.
F224Article 22 Monitoring and reporting
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Article 23 Updating [F225the GB PIC listF225]
1.The [F226Secretary of State must review theF226] list of chemicals in [F227the GB PIC listF227] at least every year, on the basis of developments in [F228assimilatedF228] law and under the Convention.
2. F229 When determining whether a final regulatory action ... 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 [F230 the GB PIC list F230] .
F229 When determining whether a final regulatory action ... 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 [F230 the GB PIC list F230] .
3.F233The [F231Secretary of State must take theF231] decision to include chemicals in [F232the GB PIC listF232] , or to modify their entry where appropriate, ... without undue delay.
4.In order to adapt this Regulation to technical progress, the [F234Secretary of State may by regulations amend Annexes II, IV and VIF234] .
[F235 5.The function of the Secretary of State under paragraph 3 is subject to the consent requirement in Article 23B.F235]
[F236Article 23A Regulation 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.F236]
[F236Article 23B The 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.F236]
F237Article 24 The budget of the Agency
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F237Article 25 Formats and software for submission of information to the Agency
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F237Article 26 Exercise of the delegation
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F237Article 27 Committee procedure
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F237Article 28 Penalties
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F237Article 29 Transitional period on the classification, labelling and packaging of chemicals
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F237Article 30 Repeal
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F237Article 31 Entry into force
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F237 ...
F238ANNEX I LIST OF CHEMICALS
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ANNEX II EXPORT NOTIFICATION
The following information is required pursuant to Article 8:
Identity of the substance to be exported:
name in nomenclature of the International Union of Pure and Applied Chemistry;
other names (e.g. ISO name, usual names, trade names, and abbreviations);
European Inventory of Existing Chemical Substances (Einecs) number and Chemical Abstracts Services (CAS) number;
[F239 a classification code in accordance with section 8 of the Taxation (Cross-border Trade) Act 2018F239] ;
main impurities of the substance, when particularly relevant.
Identity of the mixture to be exported:
trade name and/or designation of the mixture;
for each substance listed in [F240Part 1, 2 or 3 of the GB PIC listF240] , percentage and details as specified under point 1;
[F241 a classification code in accordance with section 8 of the Taxation (Cross-border Trade) Act 2018F241] .
Identity of the article to be exported:
trade name and/or designation of the article;
for each substance listed in [F242Part 1, 2 or 3 of the GB PIC listF242] , percentage and details as specified under point 1.
Information on the export:
country of destination;
country of origin;
expected date of first export this year;
estimated amount of the chemical to be exported to the country concerned this year;
intended use in the country of destination, if known, including information on the category(ies) under the Convention under which the use falls;
name, address and other relevant particulars of the natural or legal importing person;
name, address and other relevant particulars of the exporter.
[F243 Designated National AuthorityF243] :
the name, address, telephone and telex, fax number or e-mail of the [F244Designated National AuthorityF244] from which further information may be obtained;
the name, address, telephone and telex, fax number or e-mail of the designated authority in the importing country.
Information on precautions to be taken, including category of danger and risk and safety advice.
A summary on physicochemical, toxicological and ecotoxicological properties.
Use of the chemical in [F245Great BritainF245] :
uses, category(ies) under the Convention and [F246Great BritainF246] subcategory(ies) subject to control measure (ban or severe restriction);
uses for which the chemical is not severely restricted or banned (use categories and subcategories as defined in [F247Parts 1, 2 and 3 of the GB PIC listF247] );
estimation, where available, of quantities of the chemical produced, imported, exported and used.
Information on precautionary measures to reduce exposure to, and emission of, the chemical.
Summary of regulatory restrictions and reasons for them.
Summary of information specified in points 2(a), (c) and (d) of Annex IV.
Additional information provided by the exporting Party because considered of concern or further information specified in Annex IV when requested by the importing Party.
F248ANNEX III Information to be supplied to the Commission by the designated national authorities of the Member States in accordance with Article 10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ANNEX IV Notification to the Secretariat of the Convention of a banned or severely restricted chemical
INFORMATION REQUIREMENTS FOR NOTIFICATIONS PURSUANT TO ARTICLE 11
Notifications shall include:
properties, identification and uses
common name;
chemical name according to an internationally recognised nomenclature (for example International Union of Pure and Applied Chemistry (IUPAC)), where such nomenclature exists;
trade names and names of mixtures;
code numbers: Chemical Abstracts Service (CAS) number, Harmonised System Customs Code and other numbers;
information on hazard classification, where the chemical is subject to classification requirements;
use or uses of the chemical:
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in [F249Great BritainF249] ,
-
elsewhere (if known);
the physicochemical, toxicological and ecotoxicological properties;
final regulatory action
information specific to the final regulatory action:
summary of the final regulatory action;
reference to the regulatory document;
date of entry into force of the final regulatory action;
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;
reasons for the final regulatory action relevant to human health, including the health of consumers and workers, or the environment;
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;
category or categories where the final regulatory action has been taken, and for each category:
use or uses prohibited by the final regulatory action;
use or uses that remain allowed;
estimation, where available, of quantities of the chemical produced, imported, exported and used;
an indication, to the extent possible, of the likely relevance of the final regulatory action to other States and regions;
other relevant information that may cover:
assessment of socioeconomic effects of the final regulatory action;
information on alternatives and their relative risks, where available, such as:
-
integrated pest management strategies,
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industrial practices and processes, including cleaner technology.
F250ANNEX V Chemicals and articles subject to export ban
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ANNEX VI List 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 |
|---|---|
F251ANNEX VII Correlation table
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OJ C 318, 29.10.2011, p. 163.
Position of the European Parliament of 10 May 2012 (not yet published in the Official Journal) and decision of the Council of 26 June 2012.
OJ L 204, 31.7.2008, p. 1.
OJ L 63, 6.3.2003, p. 29.
OJ L 63, 6.3.2003, p. 1.
OJ L 396, 30.12.2006, p. 1.
OJ L 353, 31.12.2008, p. 1.
OJ L 55, 28.2.2011, p. 13.
OJ L 22, 26.1.2005, p. 1.
OJ L 134, 29.5.2009, p. 1.
OJ L 165, 30.4.2004, p. 1.
OJ L 31, 1.2.2002, p. 1.
OJ L 309, 24.11.2009, p. 1.
OJ C 318, 29.10.2011, p. 163.
Position of the European Parliament of 10 May 2012 (not yet published in the Official Journal) and decision of the Council of 26 June 2012.
OJ L 204, 31.7.2008, p. 1.
OJ L 63, 6.3.2003, p. 29.
OJ L 63, 6.3.2003, p. 1.
OJ L 396, 30.12.2006, p. 1.
OJ L 353, 31.12.2008, p. 1.
OJ L 55, 28.2.2011, p. 13.
OJ L 22, 26.1.2005, p. 1.
OJ L 134, 29.5.2009, p. 1.
OJ L 165, 30.4.2004, p. 1.
OJ L 31, 1.2.2002, p. 1.
OJ L 309, 24.11.2009, p. 1.