Part 3 substances - PIC procedure
This process combines export notification with the requirement that your DNA seeks explicit consent from the importing country that they wish to receive your goods
Who does the PIC procedure apply to?
- PIC procedure applies to any chemical that has been banned or severely restricted under the Rotterdam Convention ; and
- These substances are listed in Part 3 of Annex I of Regulation (EU) 649/2012.
What should I be aware of?
You may export a Part 3 chemical if there is an explicit consent from the importing country.
Your Designated National Authority (DNA) makes the request for consent on your behalf. Consents are not always granted. It takes more than 30 days to gain consent if the importing country does not respond to the first consent request.
When scheduling deliveries of chemical exports to your customers take into account the time necessary to obtain consent.
Is there a current consent for your export?
This is optional but will help you manage the scheduling of your deliveries.
The PIC circular lists whether or not importing countries consent to receive named substances. The following four responses are possible:
- No consent – the export cannot proceed unless the import decision relates to a different use of the chemical than the one proposed;
For example, if the chemical has no consent for use as a pesticide but will be exported for use as an industrial chemical, then your DNA can still request consent. Whereas, if the chemical has no consent for use as a pesticide and will be exported for use as a pesticide then the export cannot proceed.
- Consent under conditions – export can proceed provided it meets the conditions stated in the PIC Circular;
Where the conditions are not met or compliance is unclear, explicit consent must be sought by your DNA.
- Consent – export can proceed following notification; and
- No decision given – your DNA can confirm whether it is necessary for you to obtain explicit consent.
The PIC Circular.
Who do I notify?
You need to notify the Designated National Authority (DNA) of the EU country in which the exporter is a registered company, not the DNA of the country from which the export occurs.
UK based companies should contact the Health and Safety Executive, who represents the UK Designated National Authorities (UK DNA).
To find contact details of other EU DNAs, click left hand link 'EU DNA addresses' on EDEXIM home page.
When do I notify?
- Exporters must notify their DNA at least 35 days before the expected date of export of the chemical.
- Exporters only need to submit one notification for exports of the same chemical to the same country within the same calendar year (01 January to 31 December). The Reference Identification Number (RIN) is valid until 31 December of the year for which the notification is made. A new export notification is required, if another export is to be made during a subsequent year.
- More information on what a notification covers
The PIC procedure
An exporter completes a notification electronically at EDEXIM – How to complete a notification using EDEXIM – step-by –step. Completion of a notification generates a reference identification number (RIN) that exporters need to enter in Box 44 of their Customs' Single Administrative Document on export.
On receipt, UK DNA checks that it is complete and correct:
- If it is not, UK DNA requests amendments
- If it is, UK DNA checks if consent to export has been obtained
- If consent is available, UK DNA forwards notification to Commission specifying details of consent. EDEXIM will notify you when the notification has been forwarded and when it has been fully processed.
- If consent is not available, UK DNA accepts notification in EDEXIM, they send it with a consent request to the appropriate authority of the importing country. EDEXIM will notify you when the notification has been forwarded and when it has been fully processed. However, consent from the relevant DNA has to be obtained or a waiver granted before export can proceed. Only then will the RIN activation status in EDEXIM be 'Export allowed'.
The importing country either:
- does not grant consent; UK DNA then informs you that the export cannot go ahead
- grants consent;
- does not respond within 30 days of dispatch, in which case your DNA sends second consent request and notification.
Once consent is granted:
- European Commission (EC) validates the notification to UK DNA and activates the RIN.
- EDEXIM system sends the exporter an email confirming the notification has been processed and details of the export including export dates.
- UK DNA sends confirmation email to exporter confirming the dates of export and any restrictions / conditions of the consent from the importing country.
If no response is received within 60 days:
On a case-by-case basis, the DNA in consultation with the EU Commission can waive the need for consent if there is official evidence that the chemical is currently licensed, registered or authorised in the importing country.
What does a notifying exporter need to do on export?
- Have available a copy of the EDEXIM email / confirmation email from HSE, if required.
- Include the RIN in Box 44 of the single administrative document (SAD) and use CHIEF code Y915 with status code IP. For more information, see our Guidance on RINs and other codes
- Comply with the general export requirements except for the export of articles
- Comply with any instructions or requests for information from the importing country
What else does a notifying exporter need to do?
Provide UK DNA in the first quarter of each year with the quantity of each chemical shipped to each country during the preceding year. The report should specify:
- Exporter (address);
- Chemical or Chemical/Preparation name or Chemical/Article;
- Importing Country;
- Address of Importer; and
- Quantity in kg.
Exporter tonnage return templates
You can use our exporter tonnage return template to provide this information,
Exporters should report the information to the DNA of the EU country in which their company is registered. This requirement applies to all exports made out of the EU even if the export did not occur from the country in which your company is registered. UK based companies should contact the Health and Safety Executive, who represents the UK Designated National Authorities (UK DNA).