Export and import of dangerous chemicals (PIC)

Overview

What is the law?
What does the law mean?
What chemicals are included?
Frequently asked questions

Contacts

Designated National Authority
Changes to the law

HSE links

External links

Latest news

New customs code for export of chemicals subject to the PIC Regulation EC 689/2008.

This page contains the information you need, for example:

Reference Identification Numbers (RIN) are being issued to exporters only for PIC-listed chemicals notified to the EU Designated National Authorities from 1/11/08 and, if available, these codes should be included in Box 44 of the SAD with the appropriate CHIEF code - see "CUSTOMS INFORMATION PAPER (08) 67" found via search on the HM Revenue and Customs web site.

RIN are not necessary for PIC-listed chemicals notified before 1/11/08, or chemicals not PIC-listed, but there may still be a need for the relevant CHIEF code - see above Customs Information Paper.

Chemicals are in scope of the legislation can be found using "search for a chemical" on link to EDEXIM below

What is the law?

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 is EC 689/2008.

The European Regulation creates a Designated National Authority in every Member State. In the UK this is the Health and Safety Executive.

What does the law mean?

If you export to countries outside the European Community any chemicals included under this law, you must:

Fill out a notification form and send it to the Designated National Authority of the Member State in which the export declaration will be lodged.
Make sure that your chemical is exported at least six months before its expiry date
Package and label your chemical to at least the same standards as those for sale within the European Community, and, if practicable, in the language of the importing country.
Supply a safety data sheet, if practicable, in the language of the importing country.
Export your chemical with a copy of a letter from the Designated National Authority approving the export
Comply with any instructions or requests for information required by the importing country.
In the first quarter of each year, inform the Designated National Authority of the quantity of the Annex I chemical supplied to each importing country during the previous year.

What chemicals are included?

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, you must notify the Designated National Authority. Annex is divided into three parts. There is a different procedure for chemicals included in each part.

Part 1 lists chemicals that are banned or severely restricted in the EU to protect human health and the environment
Part 2 lists chemicals that qualify for the PIC notification and import procedures
Part 3 lists chemicals included under the Rotterdam Convention for the PIC notification and import procedures

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)

Part 1 Chemicals

If you are exporting a Part 1 chemical to a country outside the EU and it is the first time you have done so, you must notify your Designated National Authority 30 days before the chemical is exported. Thereafter the first export in each calendar year must be notified at least 15 days before the export takes place.
Once the DNA has informed you that your notification is in compliance you can export your chemical after the appropriate time limit has elapsed.

Part 2 and 3 Chemicals

If you are exporting a Part 2 or 3 chemical to a country outside the EU, you must send a notification to the Designated National Authority.
The Designated National Authority will then seek consent from the importing country
You cannot export your chemical until the importing country gives consent.
- You may be able to export a Part 2 chemical to OECD countries without consent, subject to approval from the DNA, if the chemical is licensed, registered or authorised in that OECD country at the time of importation.
- You may be able to export a Part 2 or 3 chemical without consent, subject to approval form the DNA, if there is no response to a request for consent within 60 days and there is evidence from official sources in the importing country to show that the chemical is licensed, registered or authorised.
Once the DNA has informed you that your notification is in compliance you can export your chemical after the appropriate time limit has elapsed.
If the importing country applies conditions to the import, you must meet them.

For all notifications of chemicals listed in Parts 1,2 and 3 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 3820
Fax: 0151 951 4889
email: UKDNA@hse.gsi.gov.uk

Changes to the law

A New Regulation

Regulation (EC) No 689/2008 makes some changes to the previous Regulation (EC 304/2003) in light of experience and follows more closely the provisions of the Rotterdam Convention.

Exporters and importers of Annex I chemicals must follow the provisions of the Regulation from 3 September 2008. In particular they should note the following provisions have been added:

Exporters may be permitted to export chemicals that are listed in Parts 2 or 3 of Annex I (subject to approval from the DNA) if no explicit consent has been received within 60 days of the request being made and if there is evidence from official sources in the importing Party or other country that the chemical has been licensed, registered or authorised. (Article 13 (7))
Exporters may be permitted to export chemicals that are listed in Part 2 of Annex I to OECD countries without consent (subject to approval from the DNA) if the chemical, at the time of importation, is licensed, registered or authorised in that OECD country. (Article 13(6)).
Exporters may rely on the explicit consent received or the waiver granted in accordance with point 1 above for set periods of time, as detailed below. (Article 13(8)).
1. Where explicit consent was given, a new explicit consent shall be required by the end of the third calendar year, unless the conditions of that consent require otherwise. However, exports may continue for a further 12 months beyond this date whilst waiting for a response to a new request for explicit consent.
2. Where explicit consent was not given (see point 1 above) then exports may continue for a maximum of 12 months, unless a response was received in the meantime. Explicit consent to export will be required to continue past 12 months.
Exports should be accompanied by a safety data sheet in accordance with Regulation (EC) No 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). (Article 16(3)). Further information and guidance on safety data sheets and REACH can be found at the following link http://www.hse.gov.uk/reach/resources.htm
From the 1st November 2008 exporters of chemicals listed in Annex I shall also have the duty to include in their export declaration the applicable reference numbers associated with the export notification (Article 7(2)) and explicit consent (Article 13(9)) if applicable. (Article 17(2)) These numbers will be assigned in a database by the Commission that will be publicly available. In the UK, these numbers will be communicated to the exporter by the DNA.

The main changes proposed are

Broader definition of “exporter”
New definition of “preparation”

Broader definition of ‘exporter’

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’.. Therefore “exporter” can mean the following person (Article 3(16)(c)):

"where the benefit of a right to dispose of the chemical belongs to a person established outside the Community pursuant to the contract on which the export is based, the contracting party established in the Community."

New definition of “preparation”

The proposed definition of now reads (Article 3(2))

‘preparation’ means a mixture or a solution composed of two or more substances.

The definition in the previous 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.

If you think you are likely to be affected by the change to this law and have any concerns, please contact the DNA.

Frequently asked questions

Q. I export a number of chemicals, are these covered by the regulations?

A. 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, only those chemicals listed in Annex I of 689/2008 are subject to the export notification and explicit consent procedures.

Q. What about preparations?

A. If the preparation contains a chemical that is present in a concentration that attracts classification (for health or environmental effects) then it is covered by the requirements of the regulation Furthermore, if the chemical is listed in Annex I then the provisions for export notification and explicit consent apply.

Q. Does the shipment need consent from the importing country?

A. Not necessarily. Those listed in Part 3 of Annex I 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. Many countries have already provided a decision on whether or not shipments can take place and these decisions are listed in the ‘PIC Circular’. If the response is ‘consent’ then the export can proceed. . If the response is ‘no consent’ or no response is listed in the PIC Circular then the exporter must submit and export notification and the DNA will act as an intermediary to see if that country is willing to accept the shipment.

The substances listed in Part 2 of Annex I 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 before shipment can occur. However if exporting to an OECD country the DNA may, in consultation with the Commission and on a case by case base, decide that no explicit consent is required if the chemical is licensed, registered or authorised in that OECD country.

Substances listed only on Part 1 of Annex I are banned/severely restricted in the EU only. ‘Consent’ is not required before shipment can occur, although it is necessary to submit and export notification form.

Q. I export a small quantity, do I need to notify?

A. If the amount to be exported is less than 10kg and for research purposes, no.

Q. What do I have to do to export a chemical listed in Annex 1?

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.

Q. My substance is listed in Annex 1 as being restricted because it is a pesticide, but the importers aren’t going to use it for this purpose, do I still need to notify?

A. Yes. It is the substance that is in scope, not the use.

Q. I wish to import a substance listed on Part 2 into the EU do I have to seek consent?

A.No. Under Regulation EC 689/2008 the EU importer does not have to seek consent, 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 and they should inform the DNA of the quantity of the substance imported each year.

If the chemical is banned or severely restricted under domestic legislation in the exporting country then, according to Article 8, the exporting country may send an export notification to the Commission which will then be forwarded to the importing Member State.