Eighth Amendment to Annex I of Regulation (EC) No. 689/2008
Changes due to Brexit
Your health and safety responsibilities will not change when the UK leaves the EU. This guidance is under review.
Commission Regulation (EU) No 167/2014 amends Annex I of Regulation (EC) No 689/2008 concerning the export and import of dangerous chemicals and applies from 1 May 2014.
NB From 1 March 2014, Regulation (EU) No 649/2012 replaces Regulation (EC) No 689/2008. Both of these regulations are commonly known as the EU Prior Informed Consent (PIC) Regulation.
- adds Didecyldimethylammonium chloride to Part 1 of Annex I of the Regulation. This means that HSE, as the Designated National Authority, must be notified of the first export of the substance each calendar year.
- amends the entry for Chlorate (in the category pesticides) in Parts 1 and 2 of Annex I of the EU PIC Regulation. This is to provide more clarity as to which substances are covered by these entries. It remains subject to the export notification requirement, whereby HSE, as the Designated National Authority, must be notified of the first export of the substance each calendar year. In addition, explicit consent from the importing country is still required before it can be exported outside the EU.
- adds five chemicals, Azinphos-methyl, Perfluorooctane sulfonic acid, Perfluorooctane sulfonates, Perfluorooctane sulfonamides and Perfluorooctane sulfonyls, to Part 3 of Annex I of the EU PIC Regulation and removes them from Part 2. This means that chemicals are still subject to the export notification requirement and the explicit consent requirement except where a positive import response is published in the PIC circular of the Rotterdam Convention or the importing country has waived the right to be notified.
NB Although Chloropicrin was also included in the Commission’s proposals for these changes to Annex I, consideration of its amendment is not yet complete. This amendment therefore makes no change to Chloropicrin’s entry and it remains listed in Part 1 and 2 of Annex I of the EU PIC Regulation. This means it continues to be subject to the export notification and explicit consent requirements of the EU PIC Regulation.
The European Commission has updated their EDEXIM database (concerning the export and import of dangerous/hazardous chemicals) to incorporate these amendments.