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Update: Proposal to 'recast' the European Prior Informed Consent (PIC) Regulation, (EC) No. 689/2008

Thank you to everyone who responded to our request for views on the proposed recast of the PIC Regulation.

Discussion of the proposal has already begun in Europe and your views have helped develop the UK’s approach. In particular, we want to ensure that the recast PIC Regulation:

continues to deliver high levels of protection for people and the environment, and fully implements the Rotterdam Convention on the prior informed consent procedure;
is updated to refer to the CLP Regulation ((EC) 1272/2008);
transfers technical aspects of implementation from the European Commission’s Joint Research Centre to the European Chemicals Agency (ECHA);
makes minor changes that, in the light of experience from operation of the current Regulation, streamline the working of the PIC system;
provides a smooth transition from the existing PIC Regulation.

Poland currently holds the EU Presidency and is taking the proposed recast forward with enthusiasm. Good progress has already been made, and it is possible that the European Parliament and Council may reach a first reading deal later this year or early next. This would open the way to the recast Regulation applying from April 2013. The recast is unlikely to change significantly the existing responsibilities on duty holders, in particular the requirements to notify export and in certain circumstances seek explicit consent.

We will continue to provide updates on progress.

Sixth Amendment to Annex I of Regulation (EC) No. 689/2008 is published

Commission Regulation (EU) No. 71/2012 is the sixth amendment to Annex I of Regulation (EC) No. 689/2008 concerning the export and import of dangerous chemicals and applies from 01 April 2012. More on the Sixth Amendment to Annex I of Regulation (EC) No. 689/2008.

Fifth Amendment to Annex I of Regulation (EC) No. 689/2008

Commission Regulation (EU) No. 834/2011 is the fifth amendment to Annex I of Regulation (EC) No. 689/2008 concerning the export and import of dangerous chemicals and applies from 01 October 2011. More on the Fifth Amendment to Annex I of Regulation (EC) No. 689/2008

Proposal to 'recast' the European Prior Informed Consent (PIC) Regulation, (EC) No. 689/2008

The European Commission has published a proposal to recast the European PIC Regulation, (EC) No. 689/2008. A recast is used to consolidate legislative acts that have been amended more than once. The amendments introduced by the recast are mostly to update the Regulation, principally:

To amend the Regulation to refer to the European Classification, Labelling and Packaging Regulation (EC 1272/2008),
To take account of procedural changes introduced by the Lisbon Treaty, and
To provide for the transfer of technical aspects of operation of the Regulation, currently carried out by the Commission's Joint Research Centre, to the European Chemicals Agency.

HSE is seeking views on the proposals to help us to assess their likely impact on UK industry. See the full recast proposal.

Responses should be sent by Friday 17th June 2011 to:

Frances Rowswell, International Chemicals Unit, Health and Safety Executive, Westminster Office, 6th Floor, Sanctuary Buildings, Great Smith Street, London SW1P 3BT.

Email: Frances.Rowswell@hse.gsi.gov.uk

Fourth Amendment to Annexes I and V of Regulation (EC) No. 689/2008 is published

Commission Regulation (EU) No.214/2011 is the fourth amendment to Annexes I and V of Regulation (EC) No. 689/2008 concerning the export and import of dangerous chemicals and applies from 01 May 2011.

Twenty-nine entries have been amended/created/deleted. The names of the affected chemicals are as follows, but you should refer to the new Annexes to confirm their identities:

The fourth Amendment:

Adds six substances to Part 1 of Annex I, which means that they will become subject to export notification requirements;
- Bifenthrin
- Chlorthal-dimethyl
- Diphenylamine
- Metam
- Triazoxide
- Triflumuron

Adds three substances to Part 2 of Annex I of the Regulation, which means that explicit consent will be required before they can be exported outside the EU;
- Carbosulfan
- Chlorthal-dimethyl
- Trifluralin

Two of these three substances (Carbosulfan and Trifluralin) are already in Part 1, so they are already subject to export notification requirements.

Adds nine substances to Part 1 or 2 of Annex V, which means that they will become subject to an EU export ban;
- Chlordecone
- Heptabromodiphenyl ether
- Hexabromobiphenyl
- Hexabromodiphenyl ether
- Hexachlorocyclohexanes including Lindane
- Pentabromodiphenyl ether
- Pentachlorobenzene
- Tetrabromodiphenyl ether
- Metallic Mercury and certain Mercury compounds and mixtures

Amends entries for mercury compounds and polybrominated biphenyls (PBB), in Part 1 of Annex I to except the relevant chemicals banned for export;
Amends entries for Hexachlorocyclohexane ( mixed isomers), lindane and Hexabromobiphenyl to indicate that they are banned for export;

and

Deletes entries for Chlordecone, Pentabromodiphenyl ether, Hexachlorocyclohexane (mixed isomers) and lindane in Part 1 and Pentabromodiphenyl ether in Part 2.

The European Commission will update their EDEXIM database (concerning the export and import of dangerous chemicals) shortly to incorporate these amendments.

Technical Guidance Notes for the implementation of Regulation (EC) No. 689/2008

European Commission has published technical notes for guidance which interpret each Article of Regulation (EC) No. 689/2008. In addition, this guidance includes case study examples in section 5, which discuss eleven different exporting scenarios and outline exporters’ duties in each case.

Third Amendment to Annex I of Regulation (EC) No. 689/2008 is published

Commission Regulation (EU) No.186/2011 is the third amendment to Annex I of Regulation (EC) No. 689/2008 concerning the export and import of dangerous chemicals and applies from 01 May 2011.

Eleven entries have been amended/created/deleted. The names of the affected chemicals are as follows, but you should refer to the new Annexes to confirm their identities.

The third Amendment:

Adds five substances to Annex I of the Regulation, which means that explicit consent will be required before export can occur outside the EU;
- Chlorate
- Carbofuran,
- Cadusafos,
- Benfuracarb
- Tricyclazole
Apart from Chlorate, which is new to Part 1 and 2, the other four substances are already in Part 1 and currently subject to export notification requirements.
Removes one substance from Part 2 (although it will remain in Part 1);
- Flurprimidol

and

Amends three existing entries
- Paraquat,
- Malathion
- Methomyl.

The European Commission will update their EDEXIM database (concerning the export and import of dangerous chemicals) shortly to incorporate these amendments.

New export notification duplication facility in EDEXIM

To help exporters submit their export notification forms for 2011, EDEXIM now has the facility to copy a previously validated notification.
How to copy a validated notification form

New EDEXIM data entry guidance

We published EDEXIM data entry guidance (version 2) in October 2010 to show exporters how they can track their notifications and to reflect minor changes in how to complete the form. It also addresses issues related to completion of a notification, including in which circumstances a new notification is required, how to ensure your uploaded SDS complies with REACH Regulation, and what correspondence you will receive from the UK National Designated Authorities.