2003R0304 — EN — 28.07.2003 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B REGULATION (EC) No 304/2003 OF THE EUROPEAN PARLIAMENT AND OF THE
COUCIL
of28January2003
concerningtheexportandimportofdangerouschemicals
(TextwithEEArelevance)
(OJ L 63, 6.3.2003, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1213/2003 of 7 July 2003 L 169 27 8.7.2003
▼B
REGULATION(EC)No304/2003OFTHEEUROPEANPARLIA-
MENTANDOFTHECOUCIL
of28January2003
concerningtheexportandimportofdangerouschemicals
(TextwithEEArelevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 175(1), thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Economic and Social
Committee (2),
Having consulted the Committee of the Regions,Acting in accordance withth e procedure laid down in Article 251 of
the Treaty (
3),
Whereas:
(1)Council Regulation (EEC) No 2455/92 of 23 July 1992
concerning the export and import of certain dangerous chemi-
cals (4) establishes, inter alia , a common system of notification
and information for exports to third countries of chemicals whichare banned or severely restricted in the Community on accountof their effects on human health and the environment. The Regu-lation applies on a mandatory basis the international ‘prior
informed consent’ (PIC) procedure under the non-binding provi-
sions of the London Guidelines for the Exchange of Informationon Chemicals in International Trade (London Guidelines) of theUnited Nations Environment Programme (UNEP), as amended in1989, and under the International Code of Conduct on the Distri-bution and Use of Pesticides, as amended in 1990, of the Food
and Agriculture Organisation (FAO).
(2)On 11 September 1998, the Community signed the RotterdamConvention on the prior informed consent procedure for certain
hazardous chemicals and pesticides in international trade (thePIC Convention). At the same time, a Resolution on interimarrangements laid down in the Final Act of the DiplomaticConference was adopted, setting up an interim PIC procedurebased on the Convention text.
(3)It is appropriate that the Community should act to implement therules of the Convention, including, until such time as it entersinto force, the interim PIC procedure, without in any way weak-
ening the level of protection afforded to the environment and the
general public of importing countries under Regulation (EEC)No 2455/92.
(4)Withth e same objective in mind, it is also necessary and appro-priate to go further than the provisions of the Convention incertain respects. Article 15(4) of the Convention allows Partiesthe right to take action that is more stringently protective ofhuman health and the environment than that called for in the
Convention, provided that such action is consistent with the
provisions of the Convention and is in accordance with interna-tional law.2003R0304 — EN — 28.07.2003 — 001.001 — 2
(1) OJ C 126 E, 28.5.2002, p. 291.
(2) OJ C 241, 7.10.2002, p. 50.
(3) Opinion of the European Parliament of 24 October 2002 (not yet published
in the Official Journal) and Council Decision of 19 December 2002.
(4) OJ L 251, 29.8.1992, p. 13. Regulation as last amended by Commission
Regulation (EC) No 300/2002 (OJ L 52, 22.2.2002, p. 1).
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(5)As regards the participation of the Community in the Conven-
tion, it is essential to have a single contact point for
Community interaction with the Secretariat and other Parties tothe Convention as well as with other countries. The Commissionshould act as this contact point.
(6)Exports of dangerous chemicals that are banned or severelyrestricted within the Community should continue to be subjectto a common export notification procedure. Accordingly,
dangerous chemicals, whether in the form of a substance by
itself or in a preparation, which have been banned or severelyrestricted by the Community as plant protection products, asother forms of pesticides, or as industrial chemicals for use byprofessional users or by the public, should be subject to similarexport notification rules to those applicable to such chemicals
when they are banned or severely restricted within either or
both of the use categories laid down in the Convention, namelyas pesticides or chemicals for industrial use. In addition, chemi-cals subject to the international PIC procedure should also besubject to the same rules. This export notification procedure
should apply to Community exports to all third countries,
whether or not they are Parties to the Convention or participatein its procedures. Member States should be permitted to chargeadministrative fees, in order to cover their costs in carrying outthis procedure.
(7)Exporters and importers should be obliged to provide informa-tion about the quantities of chemicals in international trade
covered by this Regulation in order that the impact and effec-
tiveness of the arrangements laid down therein can bemonitored and assessed.
(8)Notifications to the Secretariat of the Convention of Communityor Member State regulatory actions banning or severelyrestricting chemicals, with a view to their inclusion in the inter-
national PIC procedure, should be submitted by the Commission
and should relate to those cases meeting the criteria laid down inthe Convention in this regard. Additional information to supportsuch notifications should be sought where necessary.
(9)In cases where Community or Member State regulatory actionsdo not qualify for notification because they do not meet thecriteria, information about the actions should nevertheless be
conveyed to the Convention Secretariat and other Parties to the
Convention in the interests of information exchange.
(10)It is also necessary to ensure that the Community takes decisionswith regard to the import into the Community of chemicals thatare subject to the international PIC procedure. These decisionsshould be based on applicable Community legislation and takeinto account bans or severe restrictions by Member States.
Where justified, modifications of Community legislation should
be prepared.
(11)Arrangements are needed to ensure that Member States andexporters are aware of the decisions of importing countries asregards chemicals that are subject to the international PIC proce-dure, and that exporters comply with these decisions.
Furthermore, in order to prevent undesired exports, for example
because of failures by importing countries to provide suchimport decisions or to react to export notifications, no chemicalsbanned or severely restricted within the Community that meetthe Convention criteria or that are covered under the interna-tional PIC procedure should be exported without the explicit
consent of the importing country concerned, whether or not that
country is a Party to the Convention.
(12)It is also important that all exported chemicals have an adequateshelf-life so that they may be used effectively and safely. Inparticular as regards pesticides, and especially those exported todeveloping countries, it is essential that information about appro-priate storage conditions is provided and that suitable packaging2003R0304 — EN — 28.07.2003 — 001.001 — 3
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and sizes of containers are used to avoid creating obsolete
stocks.
(13)Articles containing chemicals do not fall within the scope of theConvention. Nevertheless, it seems appropriate that articlescontaining chemicals that could be released under conditions ofuse or disposal and that are banned or severely restricted in the
Community within one or more of the use categories laid down
in the Convention or are subject to the international PIC proce-dure should also be subject to the export notification rules.Furthermore, certain chemicals and articles containing specificchemicals falling outside the scope of the Convention but givingrise to particular concern should not be exported at all. Decisions
as to which chemicals should be subject to such a strict control
should be adopted by the Council by a qualified majority.
(14)In accordance withth e Convention, information on transit move-
ments of chemicals subject to the international PIC procedure
should be provided to Parties to the Convention requesting suchinformation.
(15)Community rules on packaging and labelling and other safety
information should apply to all dangerous chemicals when
intended for export to Parties and other countries unless theseprovisions would conflict withany specific requirements ofthose countries taking into account relevant international stan-dards.
(16)In order to ensure effective control and enforcement of the rules,the Member States should designate authorities such as customsauthorities that should have the responsibility of controllingimports and exports of chemicals covered by this Regulation.
The Commission and the Member States have a key role to
play and should act in a targeted and coordinated way. MemberStates should provide for appropriate sanctions in the event ofinfringements.
(17)Information exchange, shared responsibility and cooperativeefforts between the Community and its Member States and thirdcountries should be promoted with a view to ensuring soundmanagement of chemicals, whether or not those third countriesare Parties to the Convention. In particular, technical assistance
to developing countries and countries witheconomies in transi-
tion should be provided directly by the Commission and theMember States, or indirectly via support for projects by non-governmental organisations (NGOs), especially assistanceseeking to enable those countries to implement the Convention.
(18)There should be regular monitoring of the operation of theprocedures if they are to be effective. To this end, MemberStates should regularly submit reports to the Commission, whichwill in turn regularly report to the European Parliament and theCouncil.
(19)The measures necessary for the implementation of this Regula-tion should be adopted in accordance with Council Decision1999/468/EC of 28 June 1999 laying down the procedures for
the exercise of implementing powers conferred on the Commis-
sion(
1).
(20)In the light of the above, Regulation (EEC) No 2455/92 shouldbe repealed and replaced,2003R0304 — EN — 28.07.2003 — 001.001 — 4
(1) OJ L 184, 17.7.1999, p. 23.
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HAVE ADOPTED THIS REGULATION:
Article 1
Objectives
1. The objectives of this Regulation are:
(a) to implement the Rotterdam Convention on the Prior Informed
Consent Procedure for Certain Hazardous Chemicals and Pesticidesin International Trade;
(b) to promote shared responsibility and cooperative efforts in the
international movement of hazardous chemicals in order to protect
human health and the environment from potential harm; and
(c) to contribute to their environmentally sound use.
They shall be achieved by facilitating information exchange about the
characteristics of such chemicals, by providing for a decision-making
process within the Community on their import and export and by disse-minating decisions to Parties and other countries as appropriate.
2. The objective of this Regulation is also to ensure that the provi-
sions of Council Directive 67/548/EEC of 27 June 1967 on theapproximation of laws, regulations and administrative provisionsrelating to the classification, packaging and labelling of dangeroussubstances (
1), and of Directive 1999/45/EC of the European Parliament
and of the Council of 31 May 1999 concerning the approximation of
the laws, regulations and administrative provisions of the MemberStates relating to the classification, packaging and labelling ofdangerous preparations(
2), regarding the classification, packaging and
labelling of chemicals dangerous to man or to the environment when
they are placed on the market in the European Community shall also
apply to all such chemicals when they are exported from the MemberStates to other Parties or other countries, unless these provisions wouldconflict with any specific requirements of those Parties or other coun-tries.
Article 2
Scope
1. This Regulation applies to:
(a) certain hazardous chemicals that are subject to the prior informed
consent (PIC) procedure under the Rotterdam Convention;
(b) certain hazardous chemicals that are banned or severely restricted
within the Community or a Member State; and
(c) all chemicals when exported insofar as their classification, packa-
ging and labelling are concerned.
2. This Regulation shall not apply to:
(a) narcotic drugs and psychotropic substances covered by Council
Regulation (EEC) No 3677/90 of 13 December 1990 laying downmeasures to be taken to discourage the diversion of certain
substances to the illicit manufacture of narcotic drugs and psycho-
tropic substances (
3);
(b) radioactive materials and substances covered by Council Directive
96/29/Euratom of 13 May 1996 laying down basic safety standardsfor the protection of the health of workers and the general publicagainst the dangers arising from ionizing radiation (
4);2003R0304 — EN — 28.07.2003 — 001.001 — 5
(1) OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive
2001/59/EC (OJ L 225, 21.8.2001, p. 1).
(2) OJ L 200, 30.7.1999, p. 1. Directive as last amended by Commission Direc-
tive 2001/60/EC (OJ L 226, 22.8.2001, p. 5).
(3) OJ L 357, 20.12.1990, p. 1. Regulation as last amended by Commission
Regulation (EC) No 1232/2002 (OJ L 180, 10.7.2002, p. 5).
(4) OJ L 159, 29.6.1996, p. 1.
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(c) wastes covered by Council Directives 75/442/EEC of 15 July 1975
on waste (1) and 91/689/EEC of 12 December 1991 on hazardous
waste (2);
(d) chemical weapons covered by Council Regulation (EC) No 1334/
2000 of 22 June 2000 setting up a Community regime for thecontrol of exports of dual-use items and technology (
3);
(e) food and food additives covered by Council Directive 89/397/EEC
of 14 June 1989 on the official control of foodstuffs(4);
(f) feedingstuffs covered by Regulation (EC) No 178/2002 of the
European Parliament and of the Council of 28 January 2002 layingdown the general principles and requirements of food law, estab-lishing the European Food Safety Agency and laying downprocedures in matters of food safety (
5) including additives, whether
processed, partially processed or unprocessed, intended to be used
for oral feeding to animals;
(g) genetically modified organisms as covered by Directive 2001/18/
EC of the European Parliament and of the Council of 12 March2001 on the deliberate release into the environment of genetically
modified organisms and repealing Council Directive 90/220/
EEC (
6);
(h) save to the extent covered by Article 3(4)(b), proprietary medicinal
products and veterinary medicinal products covered by Directive2001/83/EC of the European Parliament and of the Council of 6
November 2001 on the Community code relating to medicinal
products for human use (
7) and Directive 2001/82/EC of the
European Parliament and of the Council of 6 November 2001 onthe Community code relating to veterinary medicinal products (
8);
(i) chemicals in quantities not likely to affect health or the environ-
ment, and in any event not more than 10 kg, provided that they
are imported for the purpose of research or analysis.
Article 3
Definitions
For the purposes of this Regulation, the following definitions shall
apply:
1. ‘chemical’ means a substance as defined in Directive 67/548/EEC,
whether by itself or in a preparation, or a preparation and whether
manufactured or obtained from nature, but does not include living
organisms. It consists of two categories: pesticides, includingseverely hazardous pesticide formulations; and industrial chemi-cals;
2. ‘preparation’ means a mixture or a solution composed of two or
more substances, if the preparation, as defined in Directive 1999/
45/EC, is subject to compulsory labelling under Community legis-lation, on account of the presence of any of those substances;
3. ‘article’ means a finished product containing or including a
chemical, the use of which has been banned or severely restrictedby Community legislation in that particular product;2003R0304 — EN — 28.07.2003 — 001.001 — 6
(1) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Deci-
sion 96/350/EC (OJ L 135, 6.6.1996, p. 32).
(2) OJ L 377, 31.12.1991, p. 20. Directive as last amended by Council Directive
94/31/EC (OJ L 168, 2.7.1994, p. 28).
(3) OJ L 159, 30.6.2000, p. 1. Regulation as last amended by Council Regula-
tion (EC) No 880/2002 (OJ L 139, 29.5.2002, p. 7).
(4) OJ L 186, 30.6.1989, p. 23. Directive as last amended by Council Directive
93/99/EEC (OJ L 290, 24.11.1993, p. 14).
(5) OJ L 31, 1.2.2002, p. 1.
(6) OJ L 106, 17.4.2001, p. 1. Directive as last amended by Council Decision
2002/811/EC (OJ L 280, 18.10.2002, p. 27).
(7) OJ L 311, 28.11.2001, p. 67.
(8) OJ L 311, 28.11.2001, p. 1.
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4. ‘pesticides’ means chemicals in either of the following two subca-
tegories:
(a) pesticides used as plant protection products as covered by
Council Directive 91/414/EEC of 15 July 1991 concerning theplacing of plant protection products on the market (
1);
(b) other pesticides, such as biocidal products under Directive 98/
8/EC of the European Parliament and of the Council of 16February 1998 concerning the placing of biocidal products onthe market (
2) and suchas disinfectants, insecticides and para-
siticides under Directive 2001/82/EC and Directive 2001/83/
EC;
5. ‘industrial chemicals’ means chemicals in either of the following
two subcategories:
(a) chemicals for use by professionals;
(b) chemicals for use by the public;
6. ‘chemical subject to export notification’ means any chemical that
is banned or severely restricted within the Community within oneor more categories or subcategories, and any chemical that issubject to the PIC procedure listed in Part 1 of Annex I;
7. ‘chemical qualifying for PIC notification’ means any chemical that
is banned or severely restricted within the Community or aMember State within one or more categories. Chemicals bannedor severely restricted in the Community within one or more cate-
gories are listed in Part 2 of Annex I;
8. ‘chemical subject to the PIC procedure’ means any chemical listed
in Annex III to the Convention or, before its entry into force, under
the interim PIC procedure. These chemicals are listed in Part 3 of
Annex I to this Regulation;
9. ‘banned chemical’ means:
(a) a chemical all uses of which within one or more categories or
subcategories have been prohibited by final regulatory actionby the Community, in order to protect human health or the
environment; or
(b) a chemical that has been refused approval for first-time use or
has been withdrawn by industry either from the Community
market or from further consideration in a notification, registra-
tion or approval process and where there is evidence that thechemical raises concerns for human health or the environment;
10. ‘severely restricted chemical’ means:
(a) a chemical, virtually all use of which within one or more cate-
gories or subcategories has been prohibited by final regulatoryaction in order to protect human health or the environment, but
for which certain specific uses remain allowed; or
(b) a chemical that has, for virtually all use, been refused for
approval or been withdrawn by industry either from the
Community market or from further consideration in a notifica-tion, registration or approval process, and where there isevidence that the chemical raises concern for human health orthe environment;
11. ‘chemical banned or severely restricted by a Member State’ means
any chemical that is banned or severely restricted by national regu-latory action of a Member State;
12. ‘final regulatory action’ means a legislative act, the purpose of
which is to ban or severely restrict a chemical;2003R0304 — EN — 28.07.2003 — 001.001 — 7
(1) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Direc-
tive 2002/81/EC (OJ L 276, 12.10.2002, p. 28).
(2) OJ L 123, 24.4.1998, p. 1.
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13. ‘Convention’ means the Rotterdam Convention of 10 September
1998 on the Prior Informed Consent Procedure for Certain Hazar-dous Chemicals and Pesticides in International Trade;
14. ‘PIC procedure’ means the Prior Informed Consent Procedure
established by the Convention;
15. ‘severely hazardous pesticide formulation’ means a chemical
formulated for pesticidal use that produces severe health or envir-onmental effects observable within a short period of time after
single or multiple exposure, under conditions of use;
16. ‘export’ means:
(a) the permanent or temporary export of a chemical meeting the
conditions of Article 23(2) of the Treaty;
(b) the re-export of a chemical not meeting the conditions referred
to in (a) which is placed under a customs procedure other than
transit procedure;
17. ‘import’ means the physical introduction into the customs territory
of the Community of a chemical which is placed under a customs
procedure other than transit procedure;
18. ‘exporter’ means any natural or legal person on whose behalf an
export declaration is made, that is to say the person who, at the
time when the declaration is accepted, holds the contract with theconsignee in a Party or other country and has the power for deter-mining the sending of the chemical out of the customs territory ofthe Community. If no export contract has been concluded or if theholder of the contract does not act on its own behalf, the power for
determining the sending of the chemical out of the customs terri-
tory of the Community shall be decisive;
19. ‘importer’ means any natural or legal person who at the time of
import into the customs territory of the Community is theconsignee for the chemical;
20. ‘Party to the Convention’ means a State or a regional economic
integration organisation that has consented to be bound by theConvention and for which the Convention is in force;
21. ‘Party’ means:
(a) a Party to the Convention;
(b) any country which has not ratified the Convention but which
participates in the PIC procedure during a period to be estab-lished by the Conference of Parties;
(c) before the entry into force of the Convention, any country
participating in the interim PIC procedure established by theResolution on interim arrangements adopted in Rotterdam on11 September 1998;
22. ‘other country’ means any country that is not a Party as defined in
point 21;
23. ‘the Conference of the Parties’ means the body established by
Article 18 of the Convention to perform certain functions linkedto implementation of the Convention;
24. ‘Chemical Review Committee’ means the subsidiary body estab-
lished by the Conference of the Parties in accordance with Article18(6) of the Convention or, before its entry into force, the interimChemical Review Committee established by the Resolution oninterim arrangements;
25. ‘the Secretariat’ means the Secretariat of the Convention or, before
its entry into force, the interim Secretariat established by the Reso-lution on interim arrangements;
26. ‘decision guidance document’ means the technical document
prepared by the Chemical Review Committee for chemicals subjectto the PIC procedure.2003R0304 — EN — 28.07.2003 — 001.001 — 8
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Article 4
Designatednationalauthorities
Each Member State shall designate the authority or authorities, herein-
after referred to as the ‘designated national authority’ or ‘designatednational authorities’, to act for the performance of the administrativefunctions required by this Regulation.
It shall inform the Commission of such designation at the latest three
months after the entry into force of this Regulation.
Article 5
Participation oftheCommunityintheConvention
The participation of the Community in the Convention shall be a joint
responsibility of the Commission and the Member States in particularfor technical assistance, information exchange and matters relating to
dispute settlement, participation in subsidiary bodies and voting.
As far as the participation of the Community in the Convention is
concerned, for the administrative functions of the Convention withreference to the PIC procedure and the export notification, theCommission shall act as a common designated authority on behalf ofall the designated national authorities in close cooperation and consul-
tation with the designated national authorities of the Member States.
In particular, it shall be responsible for the transmission of Community
export notifications to Parties and other countries pursuant to Article 7,the submission to the Secretariat of notifications of relevant final regu-latory actions pursuant to Article 10, the transmission of information
about other final regulatory actions not qualifying for PIC notification
in accordance withArticle 11, as well as for receiving informationfrom the Secretariat more generally. The Commission shall alsoprovide the Secretariat with Community import responses for chemicalssubject to the PIC procedure pursuant to Article 12.
In addition, the Commission shall coordinate the Community input on
all technical issues related to the Convention, the preparation of theConference of the Parties, the Chemical Review Committee and othersubsidiary bodies. A network of Member State rapporteurs shall beestablished, as appropriate, to deal with the preparation of technicaldocuments suchas decision guidance documents.
The Commission and the Member States shall take the necessary initia-
tives to ensure appropriate representation of the Community in thevarious bodies implementing the Convention.
Article 6
Chemicals subject to export notification, qualifying for PIC notifi-
cation,andsubjecttothePICprocedure
1. The chemicals covered by the provisions of this Regulation
relating to export notification, PIC notification and the PIC procedurerespectively shall be as listed in Annex I.
2. Chemicals in Annex I shall be assignable to one or more of three
groups of chemicals, set out respectively as Parts 1, 2 and 3 of that
Annex.
The chemicals listed in Part 1 shall be subject to export notification as
laid down in Article 7, withdetailed information being given on th eidentity of the substance, on the use category and/or subcategorysubject to restriction, the type of restriction and, where appropriate,
additional information, in particular on exemptions to requirements for
export notification.
The chemicals listed in Part 2 shall, in addition to being subject to the
export notification procedure under Article 7, qualify for the PIC noti-fication procedure laid down in Article 10, withdetailed informationbeing given on the identity of the substance and on the use category.2003R0304 — EN — 28.07.2003 — 001.001 — 9
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The chemicals listed in Part 3 shall be subject to the PIC procedure
with the use category being given and, where appropriate, additionalinformation, in particular on any requirements for export notification.
3. The lists shall be made available to the public by electronic
means.
Article 7
ExportNotificationsforwardedtoParties andothercountries
1. When an exporter is due to export a chemical listed in Part 1 of
Annex I from the Community to a Party or other country for the first
time following the date as from which it becomes subject to the provi-sions of this Regulation, the exporter shall notify the designatednational authority of the Member State in which he is established, nolater than 30 days before the export of the chemical is due to takeplace. Thereafter the exporter shall notify the first export of the
chemical each calendar year to the designated national authority no
later than 15 days before the export of the chemical takes place. Thenotification shall comply with the requirements set out in Annex III.
The designated national authority shall check compliance of the infor-
mation withAnnex III and promptly forward th e notification received
from the exporter to the Commission.
The Commission shall take the necessary measures to ensure that the
appropriate authorities of the importing Party or other country receive
notification no later than 15 days prior to the first intended export of
the chemical and thereafter before the first export of the chemical inany subsequent calendar year. This shall apply regardless of theexpected use of the chemical in the importing Party or other country.
Each export notification shall be registered in a database at the
Commission and an updated list of the chemicals concerned and theimporting Parties and other countries for each calendar year shall bekept available to the public, and distributed to the designated nationalauthorities of the Member States as appropriate.
2. If the Commission does not receive from the importing Party or
other country an acknowledgement of receipt of the first export notifi-cation made after the chemical is included in the Part 1 of Annex Iwithin 30 days of the dispatch of the notification, it shall submit a
second notification. The Commission shall make reasonable efforts to
ensure that the appropriate authority in the importing Party or othercountry receives the second notification.
3. A new export notification as provided for in paragraph1 sh all be
given for exports which take place subsequent to changes to Commu-
nity legislation concerning the marketing, use or labelling of substancesin question or whenever the composition of the preparation in questionchanges so that the labelling of such preparation is altered. The newnotification shall comply with the requirements set out in Annex III
and shall indicate that it is a revision of a previous notification.
4. Where the export of a chemical relates to an emergency situation
in which any delay may endanger public health or the environment inthe importing Party or other country, the provisions referred to above
may be waived wholly or partly at the discretion of the designated
national authority of the exporting Member State, in consultation withthe Commission.
5. The obligations set out in paragraphs 1, 2 and 3 shall cease when:
(a) the chemical has become a chemical subject to the PIC procedure;
and
(b) the importing country being a Party to the Convention has provided
a response in accordance withArticle 10(2) of th e Convention tothe Secretariat whether to consent or not to consent to import ofthe chemical; and
(c) the Commission has received this information from the Secretariat
and has forwarded it to Member States.2003R0304 — EN — 28.07.2003 — 001.001 — 10
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That rule shall not apply where the importing country being Party to
the Convention explicitly requires continued export notification byexporting Parties, for example through its import decision or otherwise.
The obligations set out in paragraphs 1, 2 and 3 shall also cease when:
(i) the appropriate authority of the importing Party or other country
has waived the requirement to be notified before the export of the
chemical; and
(ii) the Commission has received the information from the Secretariat
or from the appropriate authority of the importing Party or other
country and has forwarded it to Member States and made it avail-able on the Internet.
6. The Commission, the relevant designated national authorities of
the Member States and the exporters shall provide importing Parties
and other countries with available additional information on the
exported chemicals, when requested.
7. Member States may establishsystems obliging th e exporter to pay
an administrative fee for eachexport notification made, correspondingto their costs in carrying out the procedures associated with thisArticle.
Article 8
Exportnotificationsreceived fromParties andothercountries
1. Export notifications received by the Commission from the desig-
nated national authority of a Party or another country concerning theexport to the Community of a chemical the manufacture, use, handling,consumption, transport and/or sale of which is subject to prohibition orsevere restriction under that Party's or other country's legislation shall
be made available by electronic means through the database maintained
by the Commission.
The Commission shall acknowledge receipt of the first export notifica-
tion received for eachch emical from eachParty or oth er country.
The designated national authority of the Member State receiving that
import shall receive a copy of any notification received together with
all available information. Other Member States shall be entitled to
receive copies on request.
2. Should the designated national authorities of the Member States
receive any export notifications either directly or indirectly from thedesignated national authorities of Parties or relevant authorities of othercountries, they shall immediately forward these notifications to the
Commission together with all available information.
Article 9
Informationontradeinchemicals
1. Each exporter of a chemical listed in Annex I shall, during the
first quarter each year, inform the designated national authority of itsMember State on the quantity of the chemical (as a substance and ascontained in preparations) shipped to each Party or other country
during the preceding year. This information shall be given together
with a list of the names and addresses of each importer to which ship-ment took place during the same period.
Each importer within the Community shall provide the same informa-
tion for the quantities imported into the Community.
2. Upon request from the Commission or the designated national
authority, the exporter or importer shall provide any additional infor-
mation relating to chemicals that is necessary to implement thisRegulation.
3. Each Member State shall provide the Commission with aggre-
gated information in accordance withAnnex IV eachyear. Th eCommission shall summarise this information at Community level and2003R0304 — EN — 28.07.2003 — 001.001 — 11
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shall make the non-confidential information publicly available on its
database via the Internet.
Article 10
Participation in the notification of banned or severely restricted
chemicals undertheConvention
1. Unless it has already done so prior to the entry into force of this
Regulation, the Commission shall notify the Secretariat in writing ofthe chemicals that qualify for PIC notification.
2. As and when further chemicals qualify for PIC notification and
are added to Part 2 of Annex I, the Commission shall notify the Secre-tariat. The notification shall be submitted as soon as possible after
adoption of the relevant final Community regulatory action banning or
severely restricting the chemical, and no later than 90 days after thedate on which the final regulatory action is required to be applied.
The notification shall provide all relevant information as required in
Annex II.
3. In determining priorities for notifications, the Commission shall
take into account whether the chemical is already listed in Part 3 of
Annex I, the extent to which the information requirements laid down
in Annex II can be met, and the severity of the risks presented by thechemical, in particular for developing countries.
When a chemical qualifies for PIC notification, but the information is
insufficient to meet the requirements of Annex II, identified exportersand/or importers shall, upon request by the Commission, provide allrelevant information available to them, including that from othernational or international chemical control programmes.
4. The Commission shall notify the Secretariat in writing when a
final regulatory action notified under paragraphs 1 or 2 is modified assoon as possible after adoption of the new final regulatory action, andno later than 60 days after the date on which the new final regulatory
action is required to be applied.
It shall provide all relevant information that was not available at the
time when the initial notification was made under paragraphs 1 or 2
respectively.
5. Upon request from any Party or from the Secretariat, the
Commission shall provide additional information on the chemical or
on the regulatory action, as far as practicable. The Member States shall,
upon request, assist the Commission as necessary in compiling theinformation.
6. The Commission shall forward immediately to the Member States
information that it receives from the Secretariat regarding chemicals
notified as banned or severely restricted by other Parties.
The Commission shall evaluate, in close cooperation with the Member
States, the need to propose measures at Community level in order to
prevent any unacceptable risks for human health and the environmentwithin the Community.
7. In cases where a Member State takes national regulatory action in
accordance withth e relevant Community legislation to ban or severelyrestrict a chemical, it shall provide the Commission with relevant infor-mation. The Commission shall make this information available to theMember States. Within four weeks Member States may send commentson a possible PIC notification, including in particular relevant informa-
tion about their national regulatory position in respect of the chemical,
to the Commission and the Member State, which submitted a nationalregulatory action. After consideration of the comments the submittingMember State informs the Commission whether the latter shall:
— notify the Secretariat, pursuant to this Article, or
— provide the information to the Secretariat, pursuant to Article 11.2003R0304 — EN — 28.07.2003 — 001.001 — 12
▼B
Article 11
Information to be transmitted to the Secretariat about banned or
severely restricted chemicalsnotqualifyingforPICnotification
When a chemical is listed only in Part 1 of Annex I or following
receipt of information from a Member State for the purposes of Article10(7), second indent, the Commission shall provide the Secretariat withinformation about the relevant regulatory actions, so that this informa-tion can be disseminated to other Parties to the Convention asappropriate.
Article 12
Obligationsinrelationtoimportsofchemicals
1. The Commission shall forward immediately to the Member States
decision guidance documents which it receives from the Secretariat.The Commission shall take an import decision, in the form of a finalor interim import response on behalf of the Community, concerningthe future import into the Community of the chemical concerned: it
shall do so in accordance with existing Community legislation and the
procedure referred to in Article 24(2). It shall then communicate thedecision to the Secretariat as soon as possible, and no later than ninemonths after the date of dispatch of the decision guidance documentby the Secretariat.
If any chemical is subject to additional or modified restrictions under
Community legislation, the Commission shall revise the import deci-
sion in accordance withth e same procedure and communicate it tothe Secretariat.
2. In the case of a chemical banned or severely restricted by the
legislation of one or more Member States, the Commission shall, atthe written request of the Member State(s) concerned, take the informa-
tion into account in its import decision.
3. An import decision under paragraph 1 shall relate to the category
or categories specified for the chemical in the decision guidance docu-ment.
4. When communicating the import decision to the Secretariat, the
Commission shall provide a description of the legislative or administra-
tive measure upon which it is based.
5. Each designated national authority within the Community shall
make the import decisions under paragraph 1 available to thoseconcerned within its competence, in accordance with its legislative oradministrative measures.
6. Where appropriate, the Commission shall evaluate, in close coop-
eration with the Member States, the need to propose measures at
Community level in order to prevent any unacceptable risks for humanhealth and the environment within the Community, taking into accountthe information contained in the decision guidance document.
Article 13
Obligations in relation to exports of chemicals other than export
notificationrequirements
1. The Commission shall forward immediately to the Member States
and European industry associations information which it receives,
whether in the form of circulars or otherwise, from the Secretariatregarding chemicals subject to the PIC procedure and the decisions ofimporting Parties regarding import conditions on these chemicals. Itshall also forward immediately to the Member States information on
any cases of failure to transmit a response. The Commission shall
keep all information regarding import decisions available in its data-base, which will be publicly available on the Internet, and provideanyone withth e information upon request.
2. For each chemical listed in Annex I the Commission shall assign
a classification in the European Community's Combined Nomenclature.2003R0304 — EN — 28.07.2003 — 001.001 — 13
▼B
These classifications shall be revised as necessary in the light of any
changes made by the World Customs Organisation to the HarmonisedSystem nomenclature for the chemicals concerned.
3. Each Member State shall communicate the responses forwarded
by the Commission under paragraph 1 to those concerned within itsjurisdiction.
4. Exporters shall comply with decisions in each import response no
later than six months after the Secretariat has first informed the
Commission of suchresponse under paragraph1.
5. The Commission and the Member States shall advise and assist
importing Parties, upon request and as appropriate, to obtain furtherinformation to help them to make a response to the Secretariatconcerning import of a given chemical.
6. No chemicals listed in the Parts 2 or 3 of Annex I shall be
exported unless:
(a) explicit consent to the import has been sought and received by the
exporter through his designated national authority and the desig-nated national authority of the importing Party or an appropriateauthority in an importing other country; or
(b) in the case of chemicals listed in Part 3 of Annex I, the latest
circular issued by the Secretariat pursuant to paragraph 1 indicatesthat the importing Party has given consent to import.
7. No chemical shall be exported later than six months before the
expiry date, when such a date exists or can be inferred from theproduction date, unless the intrinsic properties of the chemical renderthis impracticable. In particular, in the case of pesticides exporters shallensure that the size and packaging of pesticide containers is optimised
so as to minimise the risks of creating obsolete stocks.
8. When exporting pesticides, exporters shall ensure that the label
contains specific information about storage conditions and storagestability under the climatic conditions of the importing Party or othercountry. In addition, they shall ensure that the exported pesticidescomply with the purity specification established by Community legisla-
tion.
Article 14
Controls on export of certain chemicals and articles containing
chemicals
1. Articles containing chemicals listed in Parts 2 or 3 of Annex I in
unreacted form shall be subject to the export notification procedure laid
down in Article 7.
2. Chemicals and articles the use of which is prohibited in the
Community for the protection of human health or the environment, aslisted in Annex V, shall not be exported.
Article 15
Informationontransitmovements
1. Parties to the Convention requiring information on transit move-
ments of chemicals subject to the PIC procedure, together with theinformation requested by each Party to the Convention through theSecretariat, shall be as listed in Annex VI.
2. When a chemical listed in Part 3 of Annex I is transported
through the territory of a Party to the Convention listed in Annex VI,
the exporter shall, as far as practicable, provide the designated nationalauthority of the Member State in which he is established with the infor-mation required by the Party to the Convention in accordance withAnnex VI no later than 30 days before the first transit takes place andno later than eight days before each subsequent transit movement.2003R0304 — EN — 28.07.2003 — 001.001 — 14
▼B
3. The designated national authority of the Member State shall
forward to the Commission the information received from the exporterunder paragraph2 togeth er withany available additional information.
4. The Commission shall forward the information received under
paragraph 3 to the designated national authorities of Parties to theConvention which requested such information, together with any avail-able additional information, no later than 15 days before first transitmovement and prior to any subsequent transit movement.
Article 16
Informationtoaccompanyexportedchemicals
1. Chemicals that are intended for export shall be subject to the
measures on packaging and labelling established in, or pursuant to,Directive 67/548/EEC, Directive 1999/45/EC, Directive 91/414/EEC
and Directive 98/8/EC, or any other specific Community legislation.
This obligation shall be without prejudice to any specific requirementsof the importing Party or other country taking into account relevantinternational standards.
2. Where appropriate, the expiry date and the production date of
chemicals referred to in paragraph 1 or listed in Annex I shall be indi-
cated on the label, and if necessary such expiry dates shall be given fordifferent climate zones.
3. A safety data sheet in accordance with Commission Directive 91/
155/EEC (
1) shall accompany chemicals referred to in paragraph 1,
when exported. The exporter shall send such a safety data sheet to
eachimporter.
4. The information on the label and on the safety data sheet shall as
far as practicable be given in the official language(s), or in one or moreof the principal languages, of the country of destination or of the areaof intended use.
Article 17
Obligations ofthe authorities ofthe Member Statesfor controlling
importandexport
Each Member State shall designate authorities such as customs autho-
rities that shall have the responsibility of controlling the import and
export of chemicals listed in Annex I.
The Commission and the Member States shall act in a targeted and
coordinated way in controlling compliance of exporters withth is Regu-lation.
Each Member State shall, in its regular reports on the operation of
procedures pursuant to Article 21(1), include details of the activities
of its authorities in this regard.
Article 18
Penalties
Member States shall determine the penalties applicable to infringe-
ments of the provisions of this Regulation and take all necessary
measures to ensure correct implementation of these provisions. Thepenalties must be effective, proportional and dissuasive. Member Statesshall notify these measures to the Commission not later than 12 monthsafter the adoption of this Regulation and shall also notify any furthermodifications as soon as possible after their adoption.2003R0304 — EN — 28.07.2003 — 001.001 — 15
(1) Commission Directive 91/155/EEC of 5 March1991 defining and laying
down detailed arrangements for the system of specific information relating
to dangerous preparations in implementation of Article 10 of Council Direc-
tive 88/379/EEC (OJ L 76, 22.3.1991, p. 35). Directive as last amended by
Directive 2001/58/EC (OJ L 212, 7.8.2001, p. 24).
▼B
Article 19
Informationexchange
1. The Commission and the Member States shall, as appropriate,
facilitate the provision of scientific, technical, economic and legal
information concerning chemicals subject to this Regulation, includingtoxicological, ecotoxicological and safety information.
The Commission, with the support of the Member States as necessary,
shall, as appropriate, ensure:
(a) the provision of publicly available information on regulatory
actions relevant to the objectives of the Convention; and
(b) the provision of information to Parties and other countries directly
or through the Secretariat on those actions which substantially
restrict one or more uses of a chemical.
2. The Commission and the Member States shall protect any confi-
dential information received from another Party or another country asmutually agreed.
3. As regards the transmission of information under this Regulation,
and without prejudice to Council Directive 90/313/EEC of 7 June 1990
on the freedom of access to information on the environment (
1), the
following shall not be regarded as confidential:
(a) the information specified in Annex II and Annex III;
(b) the information contained in safety data sheets referred to in para-
graph3 of Article 16;
(c) the expiry date of the chemical;
(d) the production date of the chemical;
(e) information on precautionary measures, including hazard classifica-
tion, the nature of the risk and the relevant safety advice; and
(f) the summary results of the toxicological and ecotoxicological tests.
A compilation of the information transmitted shall be prepared regu-
larly by the Commission on the basis of the contributions of Member
States.
Article 20
Technical assistance
The Commission and the designated national authorities of the Member
States shall, taking into account in particular the needs of developingcountries and countries witheconomies in transition, cooperate inpromoting technical assistance, including training, for the development
of the infrastructure, the capacity and the expertise necessary to
manage chemicals properly throughout their life cycle.
In particular, and witha view to enabling th ese countries to implement
the Convention, technical assistance shall be promoted by providingtechnical information on chemicals, by promoting the exchange of
experts, by giving support for the establishment or maintenance of
designated national authorities and by providing technical expertisefor the identification of hazardous pesticides formulations and for thepreparation of notifications to the Secretariat.
The Commission and the Member States should actively participate in
the Information Network on Capacity Building set up by the Intergo-
vernmental Forum on Chemical Safety, by providing information on
the projects they are supporting or financing to improve the manage-ment of chemicals in developing countries and countries witheconomies in transition.
The Commission and the Member States shall also consider giving
support to non-governmental organisations.2003R0304 — EN — 28.07.2003 — 001.001 — 16
(1) OJ L 158, 23.6.1990, p. 56.
▼B
Article 21
Monitoringandreporting
1. Member States shall regularly forward to the Commission infor-
mation on the operation of the procedures provided for in thisRegulation, including customs controls, infringements, penalties, and
remedial action.
2. The Commission shall regularly compile a report on the perfor-
mance of the functions provided for in this Regulation for which it isresponsible and shall integrate it in a synthesis report compiling theinformation provided by the Member States under paragraph 1. Asummary of the report, which will be published on the Internet, shall
be forwarded to the European Parliament and the Council.
3. As regards the information supplied pursuant to paragraphs 1 and
2, the Member States and the Commission shall comply with relevantobligations to protect the confidentiality of data and ownership.
Article 22
UpdatingAnnexes
1. The list of chemicals in Annex I shall be reviewed by the
Commission at least every year, on the basis of developments underCommunity legislation and under the Convention.
2. In determining whether a final regulatory action under Commu-
nity legislation constitutes a ban or a severe restriction, the effect ofthe action shall be assessed at the level of the subcategories within
the categories ‘pesticides’ and ‘industrial chemicals’. If the regulatory
action bans or severely restricts a chemical in any one of the subcate-gories it shall be included in the Part 1 of Annex I.
In determining whether a final regulatory action under Community
legislation constitutes a ban or a severe restriction such that thechemical concerned qualifies for PIC notification under Article 10, theeffect of the action shall be assessed at the level of the categories
‘pesticides’ and ‘industrial chemicals’. If the regulatory action bans or
severely restricts the use of a chemical within either of the categories itshall also be included in Part 2 of Annex I.
3. The Commission shall take a decision to include chemicals in
Annex I, or to modify their entry where appropriate, without unduedelay.
4. Inclusion of a chemical in the Parts 1 or 2 of Annex I pursuant to
paragraph2 following regulatory action under Community legislation
shall be decided in accordance with the procedure referred to in Article
24(3).
5. All other amendments to Annex I, including modifications to
existing entries, and amendments to Annexes II, III, IV and VI, shallbe adopted by the procedure referred to in Article 24(2).
Article 23
Technicalnotesforguidance
The Commission, in accordance with the procedure referred to in
Article 24(2), shall draw up technical notes for guidance to facilitatethe day-to-day application of this Regulation.
These technical notes shall be published in the C series of the Official
Journal of the European Union .
Article 24
Committee
1. The Commission shall be assisted by the Committee established
by Article 29 of Directive 67/548/EEC.2003R0304 — EN — 28.07.2003 — 001.001 — 17
▼B
2. Where reference is made to this paragraph, Articles 3 and 7 of
Decision 1999/468/EC shall apply, having regard to the provisions ofArticle 8 thereof.
3. Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply, having regard to the provisions ofArticle 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
4. The Committee shall adopt its rules of procedure.
Article 25
Repeal
Regulation (EEC) No 2455/92 is hereby repealed.
Article 26
Entryintoforce
This Regulation shall enter into force on the day following that of its
publication in the Official Journal of the European Union .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2003R0304 — EN — 28.07.2003 — 001.001 — 18
ANNEX I
PART 1Listofchemicalssubjecttoexportnotificationprocedure
(Article 7 of this Regulation)
It should be noted that where chemicals listed in this part of the Annex are subject to the PIC procedure, the export notification obligations set out in Article 7(1) to (3) of the Regulation shall not apply
provided that the conditions laid down in Article 7(5)(b) and (c) have been fulfilled. Such chemicals, which are identified by the symbol # in the list b elow, are listed again in Part 3 of this Annex for
ease of reference.
It should also be noted that where the chemicals listed in this part of the Annex qualify for PIC notification because of the nature of the Community's fi nal regulatory action, these chemicals are also
listed in Part 2 of this Annex. Such chemicals are identified by the symbol + in the list below.
Chemical CAS No Einecs No CN Subcategory (*) Use limitation (**)Countries for which no notification is
required
1,1,1-Trichloroethane 71-55-6 200-756-3 2903 1910 i(2) b
1,2-Dibromoethane (Ethylene dibromide)# 106-93-4 203-444-5 2903 3036 P(1) b Please refer to PIC circular at
www.pic.int/
1,2-Dichloroethane (ethylene dichloride)# 107-06-2 203-458-1 2903 1500 P(1)
i(2)b
bPlease refer to PIC circular at
www.pic.int/
2-Naphthylamine and its salts+ 91-59-8 and
others202-080-4 and
others2921 4500 i(1)
i(2)b
b
2,4,5-T# 93-76-5 202-273-3 2918 9090 Please refer to PIC circular at
www.pic.int/
4-Aminobiphenyl and
its salts+92-67-1 and
others202-177-1 and
others2921 4990 i(1)
i(2)b
b
4-Nitrobiphenyl+ 92-92-3 202-204-7 2904 2000 i(1)
i(2)b
b
Arsenic compounds p(2) sr▼B2003R0304 — EN — 28.07.2003 — 001.001 — 19
Chemical CAS No Einecs No CN Subcategory (*) Use limitation (**)Countries for which no notification is
required
Asbestos Fibres+: Please refer to PIC circular at
www.pic.int/Crocidolite# 12001-28-4 310-127-6 2524 00 i(1) — i(2) b — b
Amosite 12172-73-5 2524 00 i(1) — i(2) b — b
Antophyllite 77536-67-5 2524 00 i(1) — i(2) b — b
Actinolite 77536-66-4 2524 00 i(1) — i(2) b — bTremolite 77536-68-6 2524 00 i(1) — i(2) b — b
Chrysotile 132207-32-0 2524 00 i(1) — i(2) b — b
Azinphos-ethyl 2642-71-9 220-147-6 2933 9095 p(1) bBenzene (
1) 71-43-2 200-753-7 2902 20 i(2) sr
Benzidine and its salts+
Benzidine derivatives+92-87-5
—202-199-1
—2921 5990 i(1) — i(2)
i(2)sr — b
b
Binapacryl# 485-31-4 207-612-9 2916 1980 p(1)
i(2)b
bPlease refer to PIC circular at
www.pic.int/
Cadmium and its Compounds 7440-43-9 and
others231-152-8 and
others8107
3206 3000 and
othersi(1) sr
Captafol# 2425-06-1 219-363-3 2930 9070 p(1) - p(2) b-b Please refer to PIC circular at
www.pic.int/
Carbon tetrachloride 56-23-5 200-262-8 2903 1400 i(2) b
Chlordimeform# 6164-98-3 228-200-5 2925 2000 Please refer to PIC circular at
www.pic.int/
Chlorfenapyr+ 122453-73-0 2933 9990 p(1) b
Chlorobenzilate# 510-15-6 208-110-2 2918 1980 Please refer to PIC circular at
www.pic.int/
Chloroform 67-66-3 200-663-8 2903 1300 i(2) b▼B2003R0304 — EN — 28.07.2003 — 001.001 — 20
Chemical CAS No Einecs No CN Subcategory (*) Use limitation (**)Countries for which no notification is
required
Chlozolinate+ 84332-86-5 282-714-4 2934 9990 p(1) b
Creosote and Creosote related substances 8001-58-9 232-287-5 2707 9100
i(2)/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150b61789-28-4 263-047-8
84650-04-4 283-484-890640-84-9 292-605-365996-91-0 2266-026-1
90640-80-5 292-602-7
65996-82-2 266-019-38021-39-4 232-419-1122384-78-5 310-191-5
Cyhalothrine 68085-85-8 268-450-2 2926 9095 p(1) b
DBB(Di-µ-oxo-di-n-butylstannio-hydroxyborane) 75113-37-0 401-040-5 2931 0095 i(1) b
Dicofol containing < 78 % p,p'-Dicofol or 1 g/kg of DDT
and DDT-related compounds+115-32-2 204-082-0 2906 2900 p(1) b
Dinoseb, its acetate and salts# 88-85-7
and others201-861-7 and
others2908 9000
2915 3990p(1)
i(2)b
bPlease refer to PIC circular at
www.pic.int/
Dinoterb+ 1420-07-1 215-813-8 2908 9000 p(1) b
DNOC+ 534-52-1 208-601-1 2908 9000 p(1) b
Ethylene oxide (Oxirane)# 75-21-8 200-849-9 2910 1000 p(1) b Please refer to PIC circular at
www.pic.int/
Fentin acetate 900-95-8 212-984-0 2931 0095 p(1) b
Fentin hydroxide 76-87-9 200-990-0 2931 0095 p(1) b
Fenvalerate 51630-58-1 257-326-3 2926 9095 p(1) b▼B2003R0304 — EN — 28.07.2003 — 001.001 — 21
Chemical CAS No Einecs No CN Subcategory (*) Use limitation (**)Countries for which no notification is
required
Ferbam 14484-64-1 238-484-2 2930 2000 p(1) b
Fluoroacetamide# 640-19-7 211-363-1 2924 1900 Please refer to PIC circular at
www.pic.int/
HCH containing less than 99,0 % of the gamma isomer# 608-73-1 210-168-9 2903 5100 p(1) b Please refer to PIC circular at
www.pic.int/
Hexachloroethane 67-72-1 200-666-4 2903 1990 i(1) sr
Lindane ( γ-HCH)# 58-89-9 200-401-2 2903 5110 p(1) b Please refer to PIC circular at
www.pic.int/
(a) Maleic hydrazide, and its salts, other than choline,
potassium and sodium salts;123-33-1 204-619-9 2933 9990 p(1) b
(b) Choline, potassium and sodium salts of maleic hydra-
zide containing more than 1 mg/kg of free hydrazine
expressed on the basis of the acid equivalent51542-52-0
Mercury compounds# 10112-91-1,
21908-53-2 and
others— p(1) - p(2) b — sr Please refer to PIC circular at
www.pic.int/
Methamidophos (Soluble liquid formulations of the
substance that exceed 600 g active ingredient/l)#10265-92-6 233-606-0 3808 1040 Please refer to PIC circular at
www.pic.int/
Methyl parathion + # 298-00-0 206-050-1 3808 1040 p(1) b Please refer to PIC circular at
www.pic.int/
Monocrotophos # 6923-22-4 230-042-7 3808 1040
3808 9090p(1) b Please refer to PIC circular at
www.pic.int/▼B2003R0304 — EN — 28.07.2003 — 001.001 — 22
▼M1
Chemical CAS No Einecs No CN Subcategory (*) Use limitation (**)Countries for which no notification is
required
Monolinuron 1746-81-2 217-129-5 2928 00 90 p(1) b
Monomethyl-dibromo-diphenyl methane; Trade name:
DBBT+99688-47-8 401-210-1 2903 69 90 i(1) b
Monomethyl-Dichloro-Diphenyl methane; Trade name:
Ugilec 121 or Ugilec 21 +— 400-140-6 2903 69 90 i(1) — i(2) b — b
Monomethyl-Tetrachlorodiphenyl methane; Trade name:
Ugilec 141 +76253-60-6 278-404-3 2903 69 90 i(1) — i(2) b — b
Nitrofen+ 1836-75-5 217-406-0 2909 30 90 p(1) b
Parathion#+ 56-38-2 200-271-7 2920 10 00 p(1) b Please refer to PIC circular at
www.pic.int/
Pentachlorophenol# 87-86-5 201-778-6 2908 10 00 Please refer to PIC circular at
www.pic.int/
Permethrin 52645-53-1 258-067-9 2916 20 00 p(1) bPhosphamidon (Soluble liquid formulations of the
substance that exceed 1000 g active ingredient/l)#13171-21-6(mixture,
(E)&(Z)
isomers) 23783-
98-4 ((Z)-
isomer) 297-99-
4 ((E)-isomer)236-116-5 3808 10 40
3808 90 90Please refer to PIC circular at
www.pic.int/
Polybrominated biphenyls (PBB)# 13654-09-06
36355-01-08
27858-07-7— 2903 69 90 i(1) sr Please refer to PIC circular at
www.pic.int/
Polychlorinated terphenyls (PCT)# 61788-33-8 262-968-2 2903 69 90 i(1) b Please refer to PIC circular at
www.pic.int/
Propham 122-42-9 204-542-0 2924 29 95 p(1) b▼2003R0304 — EN — 28.07.2003 — 001.001 — 23B
Chemical CAS No Einecs No CN Subcategory (*) Use limitation (**)Countries for which no notification is
required
Pyrazophos+ 13457-18-6 236-656-1 2933 5995 p(1) b
Quintozene+ 82-68-8 201-435-0 2904 9085 p(1) b
Tecnazene+ 117-18-0 204-178-2 2904 9085 p(1) b
Triorganostannic compounds — — 2931 0095 p(2)
i(2)sr
sr
Tris (2,3-Dibromopropyl) Phosphate# 126-72-7 204-799-9 2919 0090 i(1) sr Please refer to PIC circular at
www.pic.int/
Tris-aziridinyl-phosphinoxide+ 545-55-1 208-892-5 2933 9090 i(1) srZineb 12122-67-7 235-180-1 3824 9099 p(1) b
Acephate + 30560-19-1 250-241-2 29309070 p(1) b
Aldicarb + 116-06-3 204-123-2 29309070 p(1) sr
Octabromodiphenyl ether + 32536-52-0 251-087-9 29093038 i(1) sr
Pentabromodiphenyl ether + 32534-81-9 251-084-2 29093031 i(1) srTetraethyl lead + 78-00-2 201-075-4 29310095 i(1) srTetramethyl lead + 75-74-1 200-897-0 29310095 i(1) sr
(*) Subcategory: p(1) — pesticide in the group of plant protection products, p(2) — other pesticide including biocides. i(1) — industrial chemical fo r professional use and i(2) — industrial chemical for public use.
(**) Use limitation: sr — severe restriction, b — ban (for the subcategory or subcategories concerned) according to Community legislation.(
1) Except motor fuels subject to Directive 98/70/EC of the European Parliament and of the Council (OJ L 350, 28.12.1998, p. 58).
CAS = Chemical Abstracts Service.
# Chemical subject or partially subject to the PIC procedure.+ Chemical qualifying for PIC notification.▼B2003R0304 — EN — 28.07.2003 — 001.001 — 24▼M1
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PART 2ListofchemicalsqualifyingforPICnotification
(Article 10 of this Regulation)
This list comprises chemicals qualifying for PIC notification. It generally does not include chemicals that are already subject to the PIC procedure , which are listed in Part 3 of this Annex.
Chemical CAS No Einecs No CN Code Category (*) Use limitation (**)
2-Naphthylamine and its salts 91-59-8 and others 202-080-4 and
others29214500 I b
4-Aminobiphenyl and its salts 92-67-1 and others 202-177-1 and
others29214990 I b
4-Nitrobiphenyl 92-92-3 202-204-7 29042000 i b
Asbestos Fibres:
Crocidolite# 12001-28-4 252400 i b
Amosite 12172-73-5 252400 i b
Antophyllite 77536-67-5 252400 i b
Actinolite 77536-66-4 252400 i b
Tremolite 77536-68-6 252400 i b
Chrysotile 132207-32-0 252400 i b
Benzidine and its salts
Benzidine derivatives912-87-5
—202-199-1
—29215990 i sr
Chlorfenapyr 122453-73-0 p sr
Chlozolinate 84332-86-5 282-714-4 29349096 p b
Dicofol containing < 78 % p,p'-Dicofol or 1 g/kg of DDT and
DDT related compounds115-32-3 204-082-0 29062900 p sr
Dinoterb 1420-07-1 215-813-8 29089000 p b
DNOC 534-52-1 208-601-1 29089000 p bEndrin 72-20-8 200-775-7 29109000 p b▼B2003R0304 — EN — 28.07.2003 — 001.001 — 25
Chemical CAS No Einecs No CN Code Category (*) Use limitation (**)
Fentin acetate 900-95-8 212-984-0 29310095 p b
Fentin hydroxide 76-87-9 200-990-0 29310095 p b
Monomethyl-dibromo-diphenyl methane; Trade name: DBBT 99688-47-8 401-210-1 29036990 i bMonomethyl-Dichloro-Diphenyl methane; Trade name: Ugilec
121 or Ugilec 21— 400-140-6 29036990 i b
Monomethyl-Tetrachlorodiphenyl methane; Trade name: Ugilec
14176253-60-6 278-404-3 29036990 i b
Nitrofen 1836-75-5 217-406-0 29093090 p bParathion # 56-38-2 200-271-7 29201000 p bPyrazophos 13457-18-6 236-656-1 29335970 p b
Quintozene 82-68-8 201-435-0 29049085 p b
Tecnazene 117-18-0 204-178-2 29049085 p b
Acephate 30560-19-1 250-241-2 29309070 p b
Aldicarb 116-06-3 204-123-2 29309070 p sr
Methyl parathion # 298-00-0 206-050-1 38081040 p b
Octabromodiphenyl ether 32536-52-0 251-087-9 29093038 i sr
Pentabromodiphenyl ether 32534-81-9 251-084-2 29093031 i srTetraethyl lead 78-00-2 201-075-4 29310095 i sr
Tetramethyl lead 75-74-1 200-897-0 29310095 i sr▼B2003R0304 — EN — 28.07.2003 — 001.001 — 26▼M1
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Chemical CAS No Einecs No CN Code Category (*) Use limitation (**)
Triorganostannic compounds, in particular tributyltin compounds,
including bis (tributyltin) oxide56-35-9 and others 200-268-0 and
others29310095 p sr
(*) Category: p — pesticides i — industrial chemical.
(**) Use limitation: sr — severe restriction, b — ban (for the category or categories concerned).
CAS = Chemical Abstracts Service.# Chemical subject or partially subject to the international PIC procedure.
PART 3ListofchemicalssubjecttothePICprocedureundertheRotterdamConvention
(Articles 12 and 13 of this Regulation)
(The categories shown are those referred to in the Convention)
Chemical Relevant CAS number(s) Category
2,4,5-T 93-76-5 Pesticide
Aldrin (*) 309-00-2 Pesticide
Binapacryl 485-31-4 Pesticide
Captafol 2425-06-1 Pesticide
Chlordane (*) 57-74-9 Pesticide
Chlordimeform 6164-98-3 Pesticide
Chlorobenzilate 510-15-6 Pesticide
DDT(*) 50-29-3 Pesticide
Dieldrin (*) 60-57-1 Pesticide
Dinoseb and dinoseb salts 88-85-7 Pesticide1,2-dibromoethane (EDB) 106-93-4 Pesticide▼M12003R0304 — EN — 28.07.2003 — 001.001 — 27▼B
Chemical Relevant CAS number(s) Category
Ethylene dichloride 107-06-2 Pesticide
Ethylene oxide 75-21-8 Pesticide
Fluoroacetamide 640-19-7 Pesticide
HCH (mixed isomers) 608-73-1 Pesticide
Heptachlor (*) 76-44-8 Pesticide
Hexachlorobenzene (*) 118-74-1 Pesticide
Lindane 58-89-9 Pesticide
Mercury compounds, including inorganic mercury compounds, alkyl mercury compounds and alky-
loxyalkyl and aryl mercury compoundsPesticide
Pentachlorophenol 87-86-5 Pesticide
Toxaphene (*) 8001-35-2 Pesticide
Methamidophos (Soluble liquid formulations of the substance that exceed 600 g active ingredient/l) 10265-92-6 Severely hazardous pesticide formu lation
Methyl-parathion (emulsifiable concentrates (Einecs) with 19,5 %, 40 %, 50 %, 60 % active ingre-
dient and dusts containing 1,5 %, 2 % and 3 % active ingredient)298-00-0 Severely hazardous pesticide formulation
Monocrotophos (Soluble liquid formulations of the substance that exceed 600 g active ingredient/l) 6923-22-4 Severely hazardous pesticide formul ation
Parathion (all formulations — aerosols, dustable powder (DP), emulsifiable concentrate (Einecs),
granules (GR) and wettable powders (WP) — of this substance are included, except capsule
suspensions (CS))56-38-2 Severely hazardous pesticide formulation
Phosphamidon (Soluble liquid formulations of the substance that exceed 1 000 g active ingredient/l) 13171-21-6 (mixture, (E)&(Z)
isomers) 23783-98-4 ((Z)-
isomer) 297-99-4 ((E)-
isomer)Severely hazardous pesticide formulation
Crocidolite 12001-28-4 Industrial▼B2003R0304 — EN — 28.07.2003 — 001.001 — 28
Chemical Relevant CAS number(s) Category
Polybrominated biphenyls (PBB) 36355-01-8(hexa-) 27858-07-
7(octa-) 13654-09-6 (deca-)Industrial
Polychlorinated biphenyls (PCB)(*) 1336-36-3 Industrial
Polychlorinated terphenyls (PCT) 61788-33-8 IndustrialTris (2,3-dibromopropyl) phosphate 126-72-7 Industrial
Monocrotophos 6923-22-4 Pesticide
(*) These substances are subject to an export ban in accordance with the provisions of Article 14(2) of and Annex V to this Regulation.▼B2003R0304 — EN — 28.07.2003 — 001.001 — 29▼M1
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ANNEX II
NotificationofabannedorseverelyrestrictedchemicaltotheSecretariatof
theConvention
Information requirements for notifications pursuant to Article 10 of this Regula-
tion
Notifications shall include:
1. properties, identification and uses
(a) common name;
(b) chemical name according to an internationally recognised nomenclature
(for example International Union of Pure and Applied Chemistry
(IUPAC)), where such nomenclature exists;
(c) trade names and names of preparations;
(d) code numbers: Chemicals Abstract Service (CAS) number, Harmonised
System Customs Code and other numbers;
(e) information on hazard classification, where the chemical is subject to
classification requirements;
(f) use or uses of the chemical:
in the European Union
elsewhere (if known);
(g) the physico-chemical, toxicological and ecotoxicological properties;
2. final regulatory action
(a) information specific to the final regulatory action:
(i) summary of the final regulatory action;
(ii) reference to the regulatory document;
(iii) date of entry into force of the final regulatory action;
(iv) indication of whether the final regulatory action was taken on the
basis of a risk or hazard evaluation and, if so, information on such
an evaluation, covering a reference to the relevant documentation;
(v) reasons for the final regulatory action relevant to human health,
including the health of consumers and workers, or the environment;
(vi) summary of the hazards and risks presented by the chemical to
human health, including the health of consumers and workers, or
the environment and the expected effect of the final regulatory
action;
(b) category or categories where the final regulatory action has been taken,
and for eachcategory:
(i) use or uses prohibited by the final regulatory action;
(ii) use or uses that remain allowed;
(iii) estimation, where available, of quantities of the chemical produced,
imported, exported and used;
(c) an indication, to the extent possible, of the likely relevance of the final
regulatory action to other States and regions;
(d) other relevant information that may cover:
(i) assessment of socio-economic effects of the final regulatory action;
(ii) information on alternatives and their relative risks, where available,
suchas:
— integrated pest management strategies,
— industrial practices and processes, including cleaner technology.2003R0304 — EN — 28.07.2003 — 001.001 — 30
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ANNEX III
Exportnotification
Information required pursuant to Article 7 of this Regulation
1. Identity of the substance to be exported:
(a) name in nomenclature of the International Union of Pure and Applied
Chemistry;
(b) other names (usual names, trade names, and abbreviations);
(c) Einecs number and CAS number;
(d) CUS number and Combined Nomenclature Code;
(e) main impurities of the substance, when particularly relevant.
2. Identity of the preparation to be exported:
(a) trade name or designation of the preparation;
(b) for eachsubstance listed in Annex I, percentage and details as specified
under item 1.
3. Information on the export:
(a) country of destination;
(b) country of origin;
(c) expected date of first export this year;
(d) intended use in the country of destination, if known;
(e) name, address and other relevant particulars of the importer or importing
company;
(f) name, address and other relevant particulars of the exporter or exporting
company.
4. Designated National Authorities:
(a) name, address, telephone and telex, fax number or e-mail of the desig-
nated authority in the European Union from which further information
may be obtained;
(b) name, address, telephone and telex, fax number or e-mail of the desig-
nated authority in the importing country.
5. Information on precautions to be taken, including category of danger and risk
and safety advice.
6. Summary on physico-chemical, toxicological and ecotoxicological properties.
7. Use of the chemical in the European Union:
(a) uses, category(ies) under the Rotterdam Convention and Community
subcategory(ies) subject to control measure (ban or severe restriction);
(b) uses for which the chemical is not severely restricted or banned
(use categories and subcategories as defined in Annex I of the Regula-
tion);
(c) estimation, where available, of quantities of the chemical produced,
imported, exported and used.
8. Information on precautionary measures to reduce exposure to, and emission
of, the chemical.
9. Summary of regulatory restrictions and reasons for them.
Summary of information given in Annex II under point 2(a), (c) and (d).
Additional information provided by the exporting Party because considered
of concern or further information specified in Annex II when requested by
the importing Party.2003R0304 — EN — 28.07.2003 — 001.001 — 31
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ANNEX IV
Information to be provided by the designated national authorities of the
Member States to the Commission in accordance with Article 9 of this
Regulation
1. Summary of quantities of chemicals (in the form of substances and prepara-
tions) subject to Annex I exported during the previous year.
(a) Year in which exports took place
(b) Table summarising quantities of exported chemicals (in the form of
substances and preparations) as outlined below.
2. List of importers
2003R0304 — EN — 28.07.2003 — 001.001 — 32
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ANNEX V
Chemicalsandarticles subjecttoexportban
(Article 14 of this Regulation)
Description of chemicals/article(s) subject to export
banAdditional details, where relevant (e.g. name of
chemical, EC No, CAS No etc.)
Cosmetic soaps containing mercury CN Nos 34011100, 3401 1900, 34012010,
34012090, 3401 3000
Persistent organic pollutants as listed in Annexes
A and B of the Stockholm Convention on Persis-
tent Organic Pollutants according to the provi-
sions thereinAldrin EC No 206-215-8,
CAS No 309-00-2,
CN No 29035990
Chlordane EC No 200-349-0,
CAS No 57-74-9,
CN No 29035990
Dieldrin EC No 200-484-5,
CAS No 60-57-1,
CN No 29109000
DDT (1,1,1-trichloro-
2,2-bis (p-chloro-
phenyl) ethaneEC No 200-024-3,
CAS No 50-29-3,
CN No 29036200
Endrin EC No 200-775-7,
CAS No 72-20-8,
CN No 29109000
Heptachlor EC No 200-962-3,
CAS No 76-44-8,
CN No 29035990
Hexachlorobenzene EC No 200-273-9,
CAS No 118-74-1,
CN No 29036200
Mirex EC No 219-196-6,
CAS No 2385-85-5,
CN No 29035990
Toxaphene (camphe-
chlor)EC No 232-283-3,
CAS No 8001-35-2,
CN No 38081020
Polychlorinated
biphenyls (PCBs)EC No 215-648-1
and others, CAS No
1336-36-3 and others,
CN No 290369902003R0304 — EN — 28.07.2003 — 001.001 — 33
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ANNEX VI
ListofPartiestotheConventionrequiringinformationontransitmovementsofchemicalssubjecttothePIC
procedure
(Article 15 of this Regulation)
2003R0304 — EN — 28.07.2003 — 001.001 — 34