In 1999 the UK signed up to the Rotterdam Convention on Prior Informed Consent (PIC). This Convention allows countries to monitor and control the trade and use of certain hazardous chemicals. It puts in place a process where countries that are importing certain dangerous chemicals can refuse them or set out conditions that the imported chemicals must meet.
The European Regulation that implemented the Rotterdam Convention was EC 304/2003.
However, in January 2006 the European Court of Justice annulled Regulation EC 304/2003 because it had the wrong legal base. To prevent any confusion regarding the import and export of dangerous chemicals, the provisions of this Regulation are retained until the new Regulation comes into force.
The European Regulation creates a Designated National Authority in every Member State. In the UK this is the Health and Safety Executive.
If you export to countries outside the European Community any chemicals included under this law, you must:
Under this Regulation all exports of chemicals must be packaged and labelled to at least the same standards as those for sale within the European Community. However, if the chemical is included under the Regulation's Annex 1, you must notify the Designated National Authority. Annex 1 is divided into three parts. There is a different procedure for chemicals included in each part.
Further information on the PIC process and a link to Annex 1 can be found on the European Database Export Import of Dangerous Chemicals (EDEXIM)
Where there has been no reply, you cannot export your chemical. For all notifications of chemicals listed in Parts I, II and III an acceptance letter will be sent from the DNA approving the export and listing any conditions that apply to it. A copy of this letter must accompany the export.
Queries and notification forms should be sent to:
The UK Designated National Authority
Industrial Chemicals Unit,
HSE,
2.3 Redgrave Court,
Merton Road, Bootle,
Merseyside
L20 7HS
Tel: 0151 951 3810
Fax: 0151 951 3984
email: UKDNA@hse.gsi.gov.uk
In January 2006, the European Court of Justice decided that the Treaty base that gives Regulation 304/2003/EC legal force is wrong. As such, this Regulation was annulled and a new Regulation with the correct legal basis is required. The European Court of Justice’s decision
Regulation 304/2003/EC had in it a review clause under which Member States and the European Commission should review the Regulation’s effectiveness after 3 years in force. This period has now elapsed, and the change to Treaty base gives us the opportunity to review how effectively the Regulation works.
Member States, including the UK will negotiate the proposal. Discussions are scheduled to start in April. After that the European Parliament and Council will try to agree on the proposal and then vote on it.
The main changes proposed are
The proposed definition includes the situation where a trader, based outside the EC, has obtained chemicals from an EC chemical manufacturer or distributor. In this case, as the trader is not based in the Community, it is the EC chemical manufacturer or distributor who becomes the ‘exporter’. The Commission proposal reads
where the benefit of a right to dispose of the chemical belongs to a person established outside the Community purusant to the contract on which the export is based, the contracting party established in the Community
The proposed definition of preparation reads
‘preparation’ means a mixture or a solution composed of two or more substances
The definition in Regulation 304/2003/EC required that the concentration of hazardous substances in the preparation was high enough to trigger labelling under 1999/45/EC, the Dangerous Preparations Directive. This was accurate with regards to some of the provisions of the Regulation (e.g. Article 16), but was not entirely accurate for other provisions (e.g. export notification and explicit consent procedure, Articles 7 and 13 respectively) where only preparations containing Annex I chemicals at a concentration triggering labelling obligations under 1999/45/EC are considered. To clarify what is in scope the narrower definition of a preparation has been included in the appropriate articles.
Under 304/2003/EC, if you export a chemical listed under part II or part III of Annex 1, your Designated National Authority needs to get ‘explicit consent’ from the importing country, unless the chemical is included on the ‘PIC Circular’. Without this consent, you cannot export the chemical.
The European Commission’s proposal would change this situation. The proposed Article 13 would allow:
The proposed Article 17 includes a new paragraph:
Exporters shall provide in box 44 of the Single Administrative Documents setting out their export declarations the applicable reference numbers referred to in Articles 7(2) or 13(1) or 13(9) as appropriate confirming compliance with the obligations to which they relate.
The number relates to the EDEXIM database which is available on the internet.
If you think you are likely to be affected by the change to this law and have any concerns, please contact:
Chloë Barnett
International Chemical Unit
The Health and Safety Executive
9SW Rose Court
2 Southwark Bridge
London SE1 9HS
chloe.barnett@hse.gsi.gov.uk
A. Not every chemical that is exported is subject to the regulations, only those listed in Annex 1 of 304/2003.
A. If the preparation contains a chemical in Annex 1 and is present in a concentration that attracts classification (for health or environmental effects) then it is covered by the requirements of the regulation. If the substance is at a concentration that does not attract any classification then it is not covered.
A. Not necessarily. Those listed in Part 3 of Annex 1 form the internationally-agreed ‘PIC list’. These are substances banned or restricted in two or more countries or regions of the world (the EU Member States count only as one region, not as individual countries). Substances on this list do require consent. Countries’ decisions on whether or not shipments can take place are listed in the ‘PIC Circular’. If the response is ‘consent’ then the exporter only has to notify of its intent to ship. If ‘no consent’ or ‘no response’ then HSE will act as an intermediary to see if that country is willing to accept the shipment.
The substances listed in Part 2 of Annex 1 are those that the European Commission consider ought to be on the PIC list but for which there is not yet international agreement. These substances are treated as if ‘consent’ needs to be given for shipment can occur.
Substances on Part 1 of Annex 1 are banned/severely restricted in the EU only. ‘Consent’ is not required before shipment can occur, although a form is completed
A. If the amount to be exported is less than 10kg and for research purposes, no.
A. Complete the details of the notification form on HSE's website and submit it to HSE. We will then forward this to an authority in the country where the shipment is headed.
Some chemicals require consent to be given before a shipment can occur, some only require that the importing country is ‘notified’ of the shipment.
A. Yes. It is the substance that is in scope, not the use.
A. No. Under these Regulations the EU importer does not have to do anything, nor does the exporter in the third country. However the importer must ensure that the intended use of the chemical is compatible with the EU restrictions. We cannot require third country exporters to submit notifications to their authorities for substances listed on part II. If the chemical is banned or severely restricted under their own domestic legislation then, according to Article 8, the exporting country may send a notification to the Commission.