15.7.86 Official Journal of the European Communities No C 177/5 
Proposal for a Council Regulation (EEC) concerning export from and import into the 
Community of certain dangerous chemicals 
COM(86) 362 final 
(Submitted by the Commission to the Council on 2 July 1986) 
(86/C 177/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 113 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parlia­
ment, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Council Directives 76/769/EEC (') and 
79/117/EEC (2) are concerned with restricting the 
marketing and use of certain dangerous substances and 
preparations and with prohibiting the marketing and use 
of plant protection products containing certain active 
substances in the Member States of the Community; 
whereas these Directives do not apply to these products 
when they are intended for export to third countries; 
Whereas Council Regulations (EEC) No 288/82 (3) and 
(EEC) No 2603/69 (4), as last amended by Regulation 
(EEC) No 1934/82 (5), which concern the common rules 
governing imports into and exports from the 
Community, authorize Member States to adopt or apply 
export or import prohibitions or measures of surveillance 
on grounds, inter alia, of protection of health, and life of 
humans, animals and plants; 
Whereas international trade in chemicals which are 
banned or severely restricted in the country of export has 
caused international concern on grounds of protection of 
man and the environment; 
Whereas measures are necessary for the protection of 
man and the environment, both in the Community and 
in third countries; 
Whereas schemes for notification and information 
concerning international trade in such substances have 
(') OJ No L 262, 27. 9. 1976, p. 201. 
O OJ No L 33, 8. 2. 1979, p. 36. 
O OJNoL35, 9. 2. 1982, p. 1. 
(4) OJ No L 324, 27. 12. 1969, p. 25. 
O OJNoL211, 20. 7. 1982, p. 1. been set up within the framework of international 
organizations, namely the Organization for Economic 
Cooperation and Development and the United Nations 
Environmental Programme; 
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 now in the interest of the Community that 
these schemes should be implemented; 
Whereas it is necessary to apply uniform Community 
procedures to exports from the Community of such sub­
stances; 
Whereas it has been generally agreed on the inter­
national level that these notification schemes should not 
apply to pharmaceuticals and food additives; 
Whereas the export of chemicals which are banned or 
severely restricted under Community legislation should 
be made subject to a common notification procedure 
which would permit the Community to notify third 
countries in regard to such exports; 
Whereas, from 31 December 1988, the principle of 
informed choice will be introduced whereby the third 
country will be permitted 60 days to react to the 
Commission's notification; 
Whereas it is necessary to inform all the Member States 
of notifications received from third countries in regard to 
import into the Community of substances banned or 
severely restricted under the legislation of those 
countries; 
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 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 
notification scheme; 
No C 177/6 Official Journal of the European Communities 15.7.86 
Whereas the Commission, in the light of the operation of 
this Regulation, may propose to the Council appropriate 
amendments thereto; 
Whereas to facilitate the amendment of Annex II, a 
system should be set up providing for close collaboration 
between the Member States and the Commission by 
means of the Committee for the adaptation of that 
Annex to technical progress, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Objectives 
The purpose of this Regulation is to establish common 
notification and information procedures for imports and 
exports of banned or severely restricted chemicals. 
Article 2 
Designation of authorities 
1. The term 'designated authority' shall refer to the 
competent authority in each State for the notification 
and information procedures with regard to the import 
and export of banned or severely restricted chemicals. 
2. Each Member State shall designate an authority. 
3. The Commission shall act as the Community's 
designated authority in accordance with Articles 3, 4 
and 7. 
Article 3 
Exports to third countries 
1. For the purposes of this Regulation, 'export' shall 
mean: 
(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 
referred to under (a) and placed under a customs 
procedure other than transit procedures. 
2. Before any proposed export from the Community 
of any of the chemicals listed in Annex I, on its own or 
in preparations, the exporter shall inform the designated 
authority of the Member State from which the products 
concerned are to be exported. Such information shall be 
in accordance with the requirements of Annex II. 
3. Where the chemical concerned has not previously 
been the subject of a Community notification to the 
country of destination, the designated authority of the Member State concerned shall forthwith inform the 
Commission of the intended export and submit all 
relevant information, in particular that listed in Annex II. 
The Commission shall forthwith so notify the designated 
authority of the country of destination by submitting the 
information mentioned in Annex II as well as a summary 
of regulatory restrictions in the Community relating to 
the chemical concerned and shall assign a notification 
number. The Commission shall send a copy of the 
notification to the designated authorities of all Member 
States and the International Register of Potentially Toxic 
Chemicals (IRPTC). 
The Commission shall inform the designated authority of 
the Member State of any relevant reaction from the 
country of destination. 
4. If an exporter informs the designated authority of a 
proposed export of a chemical listed in Annex I which 
has already and separately been notified to the country 
of destination, the designated authority shall so inform 
the exporter, supply him with a copy of the notification 
and inform him of any relevant reaction from the 
country of destination. 
5. Every export of the chemical concerned from the 
Community to the country of destination shall be 
accompanied by a copy of the Community notification to 
the country of destination. 
6. The Commission shall compile a register of 
notifications, which it shall publish in the Official Journal 
of the European Communities from time to time. The 
Commission shall inform all national authorities in third 
countries designated for this purpose and communicated 
to the IRTPC within the framework of the provisional 
notification scheme of the United Nations Environ­
mental Programme (UNEP) of the present Community 
measures prohibiting or restricting the marketing and use 
of certain dangerous chemicals, and shall subsequently 
communicate to them all amended or new controls. 
Article 4 
Exports to third countries after 31 December 1988 
1. This Article shall apply from 31 December 1988 or 
from an earlier date if the Commission publishes a notice 
in the Official Journal of the European Communities 
stating that agreement has been reached at international 
level to which all the Member States have assented and 
which adopts the principle that dangerous chemicals 
should be exported only to States which have previously 
agreed to allow their importation. 
15.7.86 Official Journal of the European Communities No C 177/7 
2. The designated authority of the Member State from 
which the products concerned are to be exported shall, 
subject to the provisions of this paragraph and paragraph 
3, issue an authorization. 
The authorization shall be issued only if the country of 
destination consents to the import of the chemical 
concerned or if no communication is received from that 
country within 60 days of the date on which notification 
was sent by the Commission. 
3. In no case shall an authorization under this Article 
be given if the country of destination informs the 
Commission that it does not consent to the import of the 
chemical concerned. 
4. The authorization issued by the designated 
authority and referred to in paragraph 2 may be used by 
the exporter only within a period of 12 months from its 
date of issue; it shall no longer be valid thereafter. It 
shall be accompanied by a copy of the Community 
notification to the country of destination. 
5. Every export of the chemical concerned from the 
Community shall be accompanied by a copy of the 
Community notification to the country of destination 
together with a copy of the authorization issued by the 
designated authority. 
6. The export declaration relating to the chemical may 
be accepted by the competent customs office in the 
Member State of exportation only where it is 
accompanied by the authorization. After completion of 
customs export formalities, the authorization shall be 
returned to the exporter or his representative. 
7. Any decision taken by a Member State in 
accordance with Article 11 of Regulation (EEC) No 
2603/69 affecting the export of chemicals shall be 
communicated forthwith to the Commission which shall 
inform the other Member States. 
Article 5 
Notification from third countries 
1. Where the designated authority of a Member State 
receives a notification from the designated 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 
other Member States any notification received either 
directly or indirectly, together with all relevant infor­
mation available. 
3. The Commission, in consultation with the Member 
States, shall undertake the evaluation of the risks for man and the environment of the dangerous chemical 
substances referred to in paragraph 1 which are not 
listed in Annex I. This evaluation shall be undertaken 
within 60 days from the date on which the notification 
was received by the Member State. 
4. If the substances in question are not marketed in 
the Community at the date of the notification they may 
only be imported into Community territory by virtue of 
an authorization given by the Commission with regard to 
the evaluation mentioned in paragraph 3. 
Article 6 
Packaging and labelling 
1. Any of the chemicals listed in Annex I, 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 country. 
2. The containers and external packaging of any 
chemicals listed in Annex I which are intended for export 
from the Community shall be clearly marked, in letters 
of at least one centimetre in height, 'Products exported 
pursuant to Regulation (EEC) No . . . under Notification 
No . ..'. 
Article 7 
Exchange of information and monitoring 
The Commission and the Member States shall exchange 
information and hold consultations on an annual basis 
with regard to the working of the notification system 
including information from exporting companies on the 
measures they taken to ensure that the exported 
chemicals have been put to their intended use and on 
other measures taken in order to protect man and the 
environment against the risks that may arise from trade 
in these chemicals. For this purpose the Commission 
(') OJN L 196, 16. 8. 1967, p. 1. 
(2) Directive 73/173/EEC, as amended by Directive 
80/781/EEC (OJ No L 189, 11.7. 1973, p. 1 and OJ No 
L229, 30.8. 1980, p. 57); 
Directive 77/728/EEC, as amended by Directive 
83/265/EEC (OJ No L 303, 28. 11. 1977, p. 23 and OJ No 
L 147, 6.6. 1983, p. 11); 
Directive 78/631/EEC, as amended by Directive 
81/187/EEC (OJ No L 206, 29. 7. 1978, p. 13 and OJ No 
L 88, 2. 4. 1981, p. 29). 
No C 177/8 Official Journal of the European Communities 15.7.86 
shall establish a list of chemicals banned or severely 
restricted in third countries and shall seek and present to 
the Member States information on the participation in, 
coverage and observance of international schemes by 
third countries. 
Article 8 
Updating of Annexes 
1. The list of chemicals in Annex I shall be kept under 
review and amended as necessary by decisions taken by 
the Council on a proposal from the Commission. 2. The amendments required for adapting Annex II to 
scientific and technical progress shall be adopted in 
accordance with the procedure laid down in Article 21 of 
Council Directive 67/548/EEC. 
Article 9 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
ANNEX I 
List of chemicals banned or severely restricted for certain uses in the Community 
Chemical 
1. Mercuric oxide 
2. Mercurous chloride (calomel) chloride 
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. Chloro-1 -ethylene (monomer vinyl chloride) 
19. Tris (2,3 dibromopropyl) phosphate 
20. Benzene 
21. Tris-aziridinyl-phosphinoxide 
22. Polybrominatedbiphenyls (PBB) 
23. Asbestos fibre: Crocidolite CAS-Number 
10112-91-1 
309-00-2 -
57-74-9 
60-57-1 
50-29-3 
72-20-8 
76-44-8 
75-01-4 
126-72-7 
71-43-2 
5455-55-1 
59536-65-1 
12001-28-4 EEC Directive concerned 
79/117/EEC 
83/131/EEC 
76/769/EEC 
85/467/EEC 
79/663/EEC 
82/806/EEC 
1 83/264/EEC 
83/478/EEC 
ANNEX II 
Information required in an application pursuant to Article 3: 
1. Approximate date of export, port of exit from the Community and country of destination. 
15. 7. 86 Official Journal of the European Communities No C 177/9 
2. Identity of the substance or preparation to be exported. 
2.1. Substances: 
— Name in IUPAC nomenclature, 
— Other names (usual name, trade name, abbreviation), 
— CAS-number (if available), 
— Composition of the substance (impurities, by-products). 
2.2. Preparations: 
— Trade name or designation of the preparation, 
— For each substance listed in Annex I amount and details as specified under 2.1. 
3. Intended uses if known. 
4. Name and address of exporter and importer or their representatives. 
5. The name, address, telephone and telex numbers of a person in the exporting firm from whom further 
information can be obtained. 
6. All available and relevant information on precautions to be taken, including category of danger and risk 
and safety phrases. 
7. Summary of regulatory restrictions in the Community and main reasons for such restrictions. 
Recommendation for a Council Decision authorizing the Commission to negotiate on behalf of 
the Community, within the framework of the OECD and UNEP, the notification and 
consultation procedures concerning trade in certain dangerous chemicals 
COM(86) 362 final 
(Submitted by the Commission to the Council on 2 July 1986) 
(86/C 177/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community and, in particu­
lar Article 113 thereof, 
Having regard to the recommendation from the Commission, 
Having regard to the opinion of the European Parliament, 
Having regard to the opinion of the Economic and Social Committee, 
Whereas in accordance with the guidelines laid down in the recommendations of the Council 
of the OECD of 4 April 1984 and the Council of UNEP of 28 May 1984, the current work of 
these two organizations is moving towards a strengthening of existing international legislation 
on trade chemicals that are dangerous for man and the environment; 
Whereas the Community considers it necessary to go further and to amend the procedures laid 
down in this respect;