No C 17/16 Official Journal of the European Communities 25. 1. 91 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) concerning export and import of certain dangerous 
chemicals 
COM(90) 591 final 
(Submitted by the Commission on 20 December 1990) 
(91/C 17/20) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 130s 
thereof, certain dangerous substances and preparations and 
prohibit the placing on the market and use of plant 
protection products containing certain active substances 
in the Member States of the Community; whereas these 
provisions do not apply to those products when they are 
intended for export to third countries; 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, Whereas international trade in certain chemicals which 
are banned or severely restricted in countries of export 
has caused international concern on grounds of 
protection of man and the environment; 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Council Regulation (EEC) No 1734/88 O 
concerns the export from and import into the 
Community of certain dangerous chemicals; 
Whereas an amendment to Regulation (EEC) No 
1734/88 is necessary to implement the 'prior informed 
consent' (PIC) procedure; 
Whereas, on the occasion of this amendment, Regulation 
(EEC) No 1734/88 is also to be replaced by this Regu­
lation; 
Whereas certain provisions of Community legislation, 
and in particular Council Directives 76/769/EEC (2), as 
last amended by Directive 89/678/EEC(3) and 
79/117/EEC(4)> as last amended by Directive 
89/365/EEC (s), restrict the marketing and use of 
(*) OJ No L 155, 22. 6. 1988, p. 2. 
O OJ No L 262, 27. 9. 1976, p. 201. 
(J) OJ No L 398, 30. 12. 1989, p. 24. 
(4) OJ No L 33, 8. 2. 1979, p. 36. 
(») OJ No L 159, 10. 6. 1989, p. 58. Whereas measures are necessary for the protection of 
man and the environment, both in the Community and 
third countries; 
Whereas schemes for notification, information and prior 
informed consent concerning international trade in such 
substances have been set up within the framework of 
international organizations, namely the Organization for 
Economic Cooperation and Development (OECD), the 
United Nations Environment Programme (UNEP) and 
the Food and Agriculture Organization (FAO); 
Whereas the Community and its Member States have 
actively participated in the work of these and of other 
international organizations relating to banned and 
severely restricted substances; whereas it is appropriate 
that the Community acts upon the results of this work 
through uniform Community procedures; 
Whereas the export of chemicals to which this Regu­
lation applies should be made subject to a common noti­
fication procedure which would permit the Community 
to notify third countries with regard to such exports; 
25. 1. 91 Official Journal of the European Communities No C 17/17 
Whereas it is necessary to ensure that the rules applicable 
within the Community for the packaging and labelling of 
banned or severely restricted chemicals should apply to 
such chemicals when destined for export; 
Whereas it is necessary to inform all the Member States 
of notifications received from third countries with regard 
to import into the Community of substances banned or 
severely restricted under the legislation of those 
countries; 
Whereas the common notification procedures should 
also provide a basis for an appropriate exchange of 
information within the Community, including infor­
mation on the implementation of the international notifi­
cation scheme; 
Whereas to this end the Commission will report to the 
Council and to the European Parliament, at regular 
intervals, in particular on any possible reaction from the 
country of destination; 
Whereas the Council resolution of 16 June 1988 (*) 
invited the Commission to submit proposals with a view 
to the possible adjustment of the Regulation so as to 
introduce a PIC scheme similar to that established by the 
UNEP and the FAO; 
Whereas it is proper that the citizens of the Community 
receive no less protection than that afforded to the 
citizens of other importing countries participating in the 
international PIC scheme; 
Whereas a single contact point for Community inter­
action with the international PIC scheme is desirable in 
order to coordinate and disseminate information; 
whereas, in light of the single European market of 1993, 
it is necessary to establish common conditions for the 
import and export of substances covered by the PIC 
scheme; 
Whereas Annex I lists the chemicals banned or severely 
restricted in the Community; whereas this list should be 
subject to review at intervals and amendment as 
necessary; whereas any such amendment to Annex I 
should be made on the basis of proposals from the 
Commission and should be the subject of a decision by 
the Council by a qualified majority; 
Whereas Annex II comprises a list of chemicals subject 
to the PIC procedure, the list of countries participating 
in the PIC procedure and the decisions of these countries 
regarding the import of the listed chemicals; whereas 
these lists and decisions will be amended at intervals 
jointly by the UNEP and the FAO; whereas the 
amendments should be adopted into Annex II to this 
Regulation following their publication by the 
Commission in the Official Journal of the European 
Communities; 
C) O] No C 170, 29. 6. 1988, p. 1. Whereas Annex III identifies the information which 
should be included in the notification of the export to a 
third country of a chemical listed in Annex I; whereas to 
facilitate the amendment of Annex III, a system should 
be set up providing for close collaboration between the 
Member States and the Commission by means of a 
committee for the adaptation of that Annex to technical 
progress; 
Whereas the Regulation excludes chemicals intended for 
analytical or research and development purposes; 
Whereas the Commission, in the light of the operation of 
this Regulation, may propose to the Council appropriate 
amendments thereto, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Objectives 
1. The purpose of this Regulation is to establish a 
common system of notification and information for 
imports from and exports to third countries of certain 
chemicals which are banned or severely restricted on 
account of their effects on human health and the envi­
ronment and to participate in the international notifi­
cation and 'prior informed consent' (PIC) procedure 
established by the United Nations Environment 
Programme (UNEP) and the Food and Agriculture 
Organization (FAO) i1). 
2. This Regulation does not apply to substances or 
preparations imported or exported for the purposes of 
analysis or research and development where the quan­
tities involved are sufficiently small that they are not 
likely to adversely affect human health or the envi­
ronment. 
Article 2 
Definitions 
For the purposes of this Regulation, the following defi­
nitions shall apply: 
1. 'chemical subject to notification' means any of the 
chemical substances listed in Annex I and to prep­
arations for which there is a labelling obligation due 
to the presence of a substance listed in Annex I; 
(2) London Guidelines for the Exchange of Information on 
Chemicals in International Trade, Decision 14/27 of the 
Governing Council of UNEP of 17 June 1987 as amended 
May 1989; 
FAO International Code of Conduct on the Distribution 
and Use of Pesticides, Rome 1986, as amended November 
1989. 
NoC 17/18 Official Journal of the European Communities 25. 1.91 
2. 'chemical subject to the PIC-procedure' means each 
chemical listed in Annex II, whether by itself or in a 
mixture or preparation, whether manufactured or 
obtained from nature, unless its concentration in the 
mixture or preparation is insufficient for a labelling 
requirement; 
3. 'banned chemical' means a chemical which has, for 
health or environmental reasons, been prohibited for 
all uses by final governmental regulatory action; 
4. 'severely restricted chemical' means a chemical for 
which, for health or environmental reasons, virtually 
all uses have been prohibited nationally by final 
governmental regulatory action, but for which certain 
specific uses remain authorized; 
5. 'export' means: 
(a) the permanent or temporary export of products 
meeting the conditions of Article 9 (2) of the 
Treaty; 
(b) the re-export of products not meeting the 
conditions of Article 9 (2) of the Treaty; 
6. 'import' means any physical introduction of products 
into the customs territory of the Community meeting 
the conditions of Article 10 (1) of the Treaty; 
7. 'prior informed consent' or 'PIC means the principle 
that international shipment of a chemical that is 
banned or severely restricted in order to protect 
human health or the environment should not proceed 
without the agreement, where such agreement exists, 
or contrary to the decision of the designated national 
authority of the importing country; 
8. 'reference number' means the number assigned by the 
Commission to each chemical subject to notification 
when it is exported for the first time to a third 
country. This number remains unchanged for every 
subsequent export of the same chemical from the 
Community to the same third country. 
Article 3 
Designation of authorities 
1. Each Member State shall designate the authority or 
authorities, hereinafter referred to as the 'designated 
authority' or 'designated authorities', competent for the 
notification and information procedures laid down by 
this Regulation. It shall inform the Commission of such 
designation. 2. As far as the participation of the Community in the 
international 'prior informed consent' procedure is 
concerned, the Commission shall act as common 
designated authority with regard to receiving infor­
mation from the competent bodies dealing with the inter­
national PIC procedure, and for providing information 
to these bodies on common decisions which have been 
taken in close cooperation and consultation with the 
Member States. The Commission shall advise the 
relevant competent bodies of its role relating to the PIC 
procedure. 
Article 4 
Exports to third countries 
1. When a chemical subject to notification is exported 
for the first time following the date of the entry into 
force of Regulation (EEC) No 1734/88 (22 June 1989) 
from the Community to a third country, the designated 
authority of the State from which it is exported shall 
take the necessary measures to ensure that the appro­
priate authorities of the country of destination receive 
notification of the fact. Such notification, which shall 
take place prior to export must comply with the 
requirements set out in Annex III. 
The designated authority shall send a copy of such noti­
fication to the Commission, which shall forward it to the 
designated authorities of the other Member States and to 
the International Register of Potentially Toxic Chemicals 
(IRPTC). 
The Commission shall assign a reference number to each 
notification received and communicate it immediately to 
the designated authorities of the Member States. It shall 
periodically publish a list of these reference numbers in 
the Official Journal of the European Communities, stating 
the chemical concerned, and the third country of desti­
nation. Until a relevant reference number is published in 
the Official Journal of the European Communities, the 
exporter shall assume that such an export has not 
previously taken place unless it can obtain from the 
designated authority of its Member State the relevant 
reference number previously assigned by the 
Commission. 
2. The designated authority of the relevant Member 
State shall inform the Commission as soon as possible of 
any significant reaction from the country of destination. 
The Commission shall ensure that the other Member 
States are informed as soon as possible of that country's 
reaction. 
3. For every subsequent export of the chemical 
concerned from the Community to the same third 
country the exporter shall ensure that the export is 
accompanied by a reference to the number of the notifi­
cation published in the Official Journal of the European 
Communities pursuant to the provisions of the third 
subparagraph of paragraph 1. 
25. 1. 91 Official Journal of the European Communities No C 17/19 
4. Notification must be given afresh whenever major 
changes are made to the Community legislation 
concerning the marketing and use of the substances in 
question or whenever the labelling of the preparation in 
question changes. 
5. As regards the transmission of information within 
the meaning of paragraph 1, the Member States and the 
Commission shall take account of the need to protect the 
confidentiality of data and ownership, both in the 
Member States and in the countries of destination. 
Article 5 
Participation in the international notification and 'prior 
informed consent' procedure 
1. The Commission shall notify the competent bodies 
dealing with the international PIC procedure of the 
chemicals which are banned or severely restricted in the 
Community (Annex I). It shall provide all relevant infor­
mation especially on the identity of the chemicals, their 
dangerous properties, Community labelling requirements 
and necessary precautionary measures. It shall also 
identify the relevant control actions and the reasons for 
them. 
2. The Commission shall forward forthwith to the 
Member States information it receives regarding 
chemicals subject to the PIC procedure and the decisions 
of third countries regarding the imposition of bans or 
import conditions on these chemicals. The Commission 
shall evaluate in close cooperation with the Member 
States the risks posed by the chemicals. It shall then 
inform the International Register of Potentially Toxic 
Chemicals whether import into the Community of each 
of the chemicals shall be allowed, prohibited or 
restricted. Before taking its decision the Commission 
shall consult the committee established under Article 20 
of Council Directive 67/548/EEC ('). 
When taking such a decision, the following principles 
shall be observed: 
(i) in the case of a substance or preparation banned by 
Community legislation: import consent shall be 
refused; 
(ii) in the case of a substance or preparation severely 
restricted by Community legislation: import consent 
shall be subject to conditions. The appropriate 
conditions shall be decided on a case by case basis; 
(iii) in the case of a substance or preparation not banned 
or severely restricted by Community legislation: 
import consent shall not normally be refused. 
However, if the Commission, in consultation with 
Member States, considers that a proposal should be 
made to the Council to ban or severely restrict 
(') OJ No L 196, 16. 8. 1967, p. 196/67. a substance or preparation not produced in the 
Community, then interim import conditions, set on 
a case by case basis, may be imposed until the 
Council has taken a decision on the proposed 
permanent ban or severe restriction. 
The Commission shall pay particular attention to 
ensuring that its response does not conflict with existing 
Community legislation. 
3. Annex II shall comprise the following: 
(i) the international list of banned and severely 
restricted chemicals subject to the PIC procedure 
established by the UNEP and FAO; 
(ii) a list of the countries participating in the PIC 
scheme; and 
(iii) the decisions of these countries (including the 
Community) regarding the import of the listed 
chemicals. 
The Commission shall immediately notify the Member 
States of information it receives regarding changes to the 
above. It shall periodically publish these changes in the 
Official Journal of the European Communities. 
4. The exporter is required to comply with the 
decision of the country of destination participating in the 
PIC procedure. Member States shall take appropriate 
legal measures to enable severe or dissuasive sanctions to 
be imposed on persons exporting chemicals subject to the 
international PIC procedure (Annex II) contrary to the 
PIC decision of the country of destination. The sanctions 
should, as far as possible, be the same in all Member 
States. 
Article 6 
Packaging and labelling 
1. Any of the chemicals listed in Annexes I and II 
which are intended for export shall be subject to such 
measures on packaging and labelling established in 
pursuance of Council Directive 67/548/EEC or, as 
appropriate, of other Directives covering dangerous 
preparations (2) as are applicable in the Member State 
from which the goods are to be exported or in which 
they have been produced. This obligation shall be 
without prejudice to any specific requirements of the 
importing third country. The label need comply with 
only the requirements of the importing third country 
O Council Directive 78/631/EEC (OJ No L 206, 29. 7. 1978, 
p. 13), Directive 88/379/EEC (OJ No L 187, 16. 7. 1988, 
p. 14). 
No C 17/20 Official Journal of the European Communities 25. 1. 91 
if such requirements ensure the label has all the health, 
safety and environment related information which EEC 
use would require. 
2. The information on the label shall as far as prac­
ticable be given in the language(s), or in one or more of 
the principal languages, of the country of destination or 
of the area of intended use. 
Article 7 
Notification from third countries 
1. Where the designated authority of a Member State 
receives a notification from the competent authority of a 
third country concerning the export to the Community 
of a chemical whose manufacture, use, handling, 
consumption, transport and/or sale is subject to 
prohibition or substantial legal restriction under that 
country's legislation, it shall send forthwith to the 
Commission a copy of that notification together with all 
relevant information. 
2. The Commission shall forward forthwith to the 
Member States any notification received either directly 
of indirectly, together with all available information. 
3. The Commission shall periodically evaluate the 
information received via the Member States or directly 
from third countries and, if necessary, submit appro­
priate proposals to the Council. 
Article 8 
Exchange of information and monitoring 
1. Member States shall regularly forward to the 
Commission information on the operation of the notifi­
cation system provided for in this Regulation. 
2. The Commission shall regularly compile a report 
on the basis of the information provided by the Member 
States and forward it to the Council and the European 
Parliament. This report shall consist, inter alia, of infor­
mation on participation in international notification and 
PIC systems, on the cover provided by such systems and 
on how they are complied with by third countries. 
3. As regards the information supplied pursuant to 
paragraphs 1 and 2, the Member States and the 
Commission shall take account of the need to protect the 
confidentiality of data and ownership. Article 9 
If a Member State applies, with respect to substances 
other than those in Annex I, a national system using 
similar information procedures in respect of third 
countries of those laid down in this Regulation, it shall 
inform the Commission, specifying the substances 
concerned. The Commission shall forward this infor­
mation to the Member States. 
Article 10 
Updating of Annexes 
1. The list of chemicals in Annex I shall be reviewed 
by the Commission at intervals particularly in the light of 
experience gained in implementing this Regulation, with 
special regard to information received pursuant to Article 
9, and on the basis of developments in Community legis­
lation concerning marketing and use and of devel­
opments within the framework of the OECD, the UNEP 
and the FAO. The list shall be amended as necessary by 
decisions taken by the Council by qualified majority on a 
proposal from the Commission. 
2. Amendments initiated by the UNEP and the FAO 
to the list of chemicals subject to the international PIC 
procedure and to the PIC decisions of importing 
countries (Annex II) shall be adopted in accordance with 
the procedure laid down in Article 21 of Directive 
67/548/EEC. 
3. The amendments required for adapting Annex III 
to scientific and technical progress shall be adopted in 
accordance with the procedure laid down in Article 21 of 
Directive 67/548/EEC. 
Article 11 
1. Regulation (EEC) No 1734/88 is hereby repealed. 
2. References to the Regulation repealed under 
paragraph 1 shall be construed as references to this 
Regulation. 
Article 12 
This Regulation shall enter into force on the day of its 
publication in the Official Journal of the European 
Communities. 
25. 1. 91 Official Journal of the European Communities No C 17/21 
ANNEX I 
List of chemicals banned or severely restricted to certain uses owing to their effects on human health and 
the environment 
Chemical 
1. Mercuric oxide 
2. Mercurous chloride (calomel) 
3. Other inorganic mercury compounds 
4. Alkyl mercury compounds 
5. Alkoxyalkyl and aryl mercury compounds 
6. Aldrin 
7. Chlordane 
8. Dieldrin 
9. DDT 
10. Endrin 
11. HCH containing less than 99,0 % of the 
gamma isomer 
12. Heptachlor 
13. Hexachlorobenzene 
14. Camphechlor (toxaphene) 
15. Polychlorinated biphenyls (PCB), except 
mono- and dichlorinated biphenyls 
16. Polychlorinated terphenyls (PCT) 
17. Preparations with a PCB or PCT content 
higher than 0,01 % by weight 
18. Tris(2,3 dibromopropyl) phosphate 
19. Tris-aziridinyl-phosphinoxide 
20. Polybrominated biphenyls (PBB) 
21. Crocidolite 
22. Chrysotile 
23. Amosite 
24. Anthopyllite 
25. Actinolite 
26. Tremolite 
27. Nitrofen 
28. 1,2-Dibromoethane 
29. 1,2-Dichloroethene CAS No O 
21908-53-2 
10112-91-1 
309-00-2 
57-74-9 
60-57-1 
50-29-3 
72-20-8 
608-73-1 
76-44-8 
118-74-1 
8001-35-2 
1336-36-3 
61788-33-8 
126-72-7 
545-55-1 
12001-28-4 
12001-29-5 
12172-73-5 
77536-67-5 
77536-66-5 
77536-68-6 
1836-75-5 
106-93-4 
540-59-0 Einecs No (2) 
2446547 
2333075 
2062158 
2003490 
2004845 
2000243 
2007757 
2101689 
2009623 
2042739 
2322833 
2156481 
2629682 
2047999 
2088925 
217-406-0 
203-444-5 
208-750-2 
(') CAS: Chemical Abstracts Service. 
(2) Einecs: European Inventory of Existing Commercial Chemical Substances. 
ANNEX II 
Chemicals subject to the international PIC procedure and the PIC decisions of importing countries 
l^oCIBB^ C^ffici^lJourn^lo^Lh^Euroo^nC^ornrnunin^ ^ 1^ 
^o^n^o^^e^^edp^s^^^toAr^cte^ 
1. Identity of the substance or preparation to be exported^ 
t.t. ^ubstances^ 
— name in nomenclature of the International C^nion of I^ure and Applied chemistry, 
— other names (^usual name, trade name, abbreviations, 
— ^inecs^o and O^A^^o^if available^, 
— main impurities ofthesubstance,when particularly relevant. 
t.2. preparations^ 
— trade name or designation of the preparation, 
— for each substance listed in Annex I, percentage and details as specified under t.t. 
2. Information on precautions to be taken, including category of danger and risk, and safety advice. 
3. The name, address, telephone and telex numbers of the designated authority from whom further 
information may be obtained. 
^t. nummary of regulatory restrictions and reasons for them. 
^. expected date of export. 
D. reference number. 
^. country of destination. 
The aboveinformationshouldbeprovidedonanexport notification formasshownoverleaf. 
25. 1.91 Official Journal of the European Communities No C 17/23 
COMMISSION REGULATION (EEC) No 1734/88 
OF THE 
EUROPEAN COMMUNITIES 
EXPORT NOTIFICATION FORM FOR BANNED AND SEVERELY RESTRICTED CHEMICALS 
1. EXPORT NOTIFICATION REFERENCE NUMBER: 
2. EXPORT CONSISTS OF A BANNED OR SEVERELY RESTRICTED CHEMICAL (l) 
Name(s) of chemical: 
EinecsNo: CAS No: 
3. EXPORT CONSISTS OF A PREPARATION CONTAINING ONE OR MORE BANNED OR SEVERELY RESTRICTED 
CHEMICAL(S) 0) 
Name(s) of preparation: 
Labelling code for preparation: 
Name(s) of constituent chemical(s) banned or severely restricted 
i) % in preparation: EinecsNo: CAS No: 
ii) % in preparation: Einecs No: CAS No: 
Hi) % in preparation: Einecs No: CAS No: 
4, COUNTRY OF DESTINATION: 
Expected date of first export: 
DESIGNATED NATK 
in the EC: 
Representative of exporting country: DNAL AUTHORITIES 
in the importing country: 
Official stamp 
(') Box 2 or box 3 to be completed. 
Note: Chemical and legal data overleaf. 
No C 17/24 Official Journal of the European Communities 25. 1. 91 
DATA SHEET FOR A BANNED OR SEVERELY RESTRICTED CHEMICAL 
CHEMICAL NAME(S): 
Einecs No: 
LABELLING REQUIREMENTS 
Classification: 
Risk phrases: 
Safety phrases: CAS No: 
FOR CHEMICAL 
SUMMARY OF CONTROL ACTION AND USE(S) CONTROLLED: 
REFERENCE TO EEC OR NATIONAL LEGISLATION: 
REASONS SUPPORTING THE CONTROL ACTION: 
ADDITIONAL INFORMATION: 
Note: If a preparation contains more than one chemical which is banned or severely restricted in the EC, 
data sheets on the additional chemicals must be attached hereto.