Health and Safety Executive

Exporting chemicals - What do I need to know?

This page outlines the regulations on the export of chemicals and how to comply.

Am I an exporter of chemicals?

A chemical exporter is a person or company that has the power to determine that a chemical be sent out of the customs territory of the European Union.

You are the exporter, if:

  • You hold the contract with the consignee in another country and are the named exporting party (user of) in the exporter declaration.
  • You provide chemicals to a trader based outside of the EU who has the right to dispose of the chemical

You are not the exporter, if:

  • You do not act on your own behalf (whether you are the contract holder or not).

The term ‘chemical’ covers both substances and preparations (mixtures of two or more substances).

EU Regulation (EC) No. 689/2008 (as amended 2010) also applies to exporters of articles. An ‘article’ is a finished product containing or including a chemical the use of which has been banned or severely restricted by European Community legislation in that particular product (e.g. wood treated with arsenic compounds - see Annex XVII of REACH legislation.

Main requirements of the regulation

The requirements of the regulation depend on the chemicals you export. Chemicals may be banned for export from the EU or you may need to notify your exports to the importing country or notify them and receive their consent for you to export. Annex I of the regulation has three parts, export of substances listed in Part 1 requires notification only whereas export of substances listed in Parts 2 or 3 require notification and explicit consent. Substances listed in Parts 2 or 3 are also listed in Part 1 (unless they are Part 3 substances listed in Annex V as banned for export). All chemicals intended for export must comply with the general export requirements[5]. These include the EU requirements for packaging, labelling and safety data sheet (SDS) provision. Information on the label and SDS shall be given in the principal languages of the destination country as far as is practicable. More detail on the aims and requirements of the regulation.[6]

What do I do next?

Directgov - Business Link

Updated: 12.08.10