Proposal for a Council Regulation concerning the export and import of dangerous chemicals
Date: 2002-01-24
Institutions: European Commission
Subjects: UN convention, chemical product, customs inspection, dangerous substance, exchange of information, export monitoring, import policy, information system, international trade, labelling

28.5.2002

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Official Journal of the European Communities

C 126 E/291

Proposal for a Council Regulation concerning the export and import of dangerous chemicals

(2002/C 126 E/06)

(Text with EEA relevance)

COM(2001) 803 final — 2002/0026(ACC)

(Submitted by the Commission on 24 January 2002)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof,

it enters

into force,

the interim PIC
such time as
procedure, without in any way weakening the level of
protection afforded to the environment and the general
public of
importing countries under Regulation (EEC)
No 2455/92.

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social
Committee,

(4) With the same objective in mind, it is also necessary and
the
appropriate to go further than the provisions of
Convention in certain respects. Article 15(4) of
the
Convention allows Parties the right to take action that is
more stringently protective of human 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 international
law.

Whereas,

exports

(1) Council Regulation (EEC) No 2455/92 of 23 July 1992
concerning the export and import of certain dangerous
chemicals (1) establishes inter alia a common system of
notification and information for
to third
countries of chemicals which are banned or severely
restricted in the Community on account of their effects
on human health and the environment. The Regulation
applies on a mandatory basis the international
‘prior
informed consent’ (PIC) procedure under the non-binding
provisions of the London Guidelines for the Exchange of
Information on Chemicals in International Trade (London
Guidelines)
Environment
Programme (UNEP), as amended in 1989, and under the
International Code of Conduct on the Distribution and
Use of Pesticides, as amended in 1990, of the Food and
Agriculture Organisation (FAO).

the United Nations

of

(2) On 11 September 1998,

the Community signed the
Rotterdam Convention on the prior informed consent
procedure for certain hazardous chemicals and pesticides
in international trade (the PIC Convention). At the same
time, a Resolution on interim arrangements laid down in
the Final Act of the Diplomatic Conference was adopted,
setting up an interim PIC procedure based on the
Convention text.

(5) As regards the participation of the Community in the
Convention, it is essential to have a single contact point
for Community interaction with the Secretariat and other
Parties to the Convention as well as with other countries.
The Commission should act as this contact point.

(6) Exports of dangerous chemicals

the Community

restricted within

industrial chemicals

that are banned or
should
severely
continue to be subject to 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 severely restricted by the
Community as plant protection products, as other forms
of pesticides, or as
for use by
professional users or by the public, should be subject to
similar export notification rules to those applicable to
severely
such chemicals when they are banned or
restricted within one or more of the use categories laid
down in the Convention, namely as pesticides or
chemicals
chemicals
subject to the international PIC procedure should also
to the same rules. This export notification
be subject
procedure should apply to Community exports to all
third countries, whether or not they are Parties to the
Convention or participate in its provisions. Member
States should be permitted to charge administrative fees,
in order
this
their costs
procedure.

in carrying out

industrial use.

In addition,

to cover

for

(3) It

is appropriate that

to
implement the rules of the Convention, including, until

the Community should act

(1) OJ L 251, 29.8.1992, p. 13. Regulation as last amended by
Commission Regulation (EC) No 2247/98 (OJ L 282, 20.10.1998,
p. 12).

(7) Exporters and importers should be obliged to provide
information about the quantities of chemicals in inter-
national trade covered by this Regulation in order that
the impact and effectiveness of
the arrangements laid
down therein can be monitored and assessed.

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(8) Community notifications

to the Secretariat of

the
Convention of Community regulatory actions banning
or severely restricting chemicals, with a view to their
inclusion in the international PIC procedure, should be
submitted by the Commission and should relate to
those cases meeting the criteria laid down in the
information to
Convention in this regard. Additional
support
sought where
should be
necessary.

such notifications

(9) In cases where Community regulatory actions do not
the
qualify for notification because they do not meet
criteria, information about the actions should nevertheless
be conveyed to the Convention Secretariat and other
Parties to the Convention in the interests of information
exchange.

chemicals

Furthermore, certain chemicals and articles containing
specific
the
falling outside
Convention but giving rise to particular concern should
not be exported at all. Decisions as to which chemicals
to such a strict control should be
should be subject
decided by the Council by a qualified majority.

scope of

the

(14) In accordance with the Convention,

information on
to the inter-
transit movements of chemicals subject
national PIC procedure should be provided to Parties to
the Convention requesting such information.

information should apply

(15) Community rules on packaging and labelling and other
to all dangerous
safety
chemicals when intended for
to all other
countries unless these provisions would conflict with
any specific requirements of those countries taking into
account relevant international standards.

export

(10) It is also necessary to ensure that the Community takes
decisions with regard to the import into the Community
to the international PIC
of chemicals that are subject
procedure. These decisions should be based on applicable
Community legislation. Where justified, modifications of
Community legislation should be prepared.

(16) In order to ensure effective control and enforcement of
the rules, the customs services of the Member States have
a key role to play and should act
in a targeted and
co-ordinated way. Member States should provide for
appropriate sanctions in the event of infringements.

(11) Arrangements are needed to ensure that Member States
and exporters are aware of the decisions of importing
to the
countries as regards chemicals that are subject
international PIC procedure, and that exporters comply
in order to prevent
with these decisions. Furthermore,
undesired exports,
failures by
importing countries to provide such import decisions or
to react to export notifications, no chemicals banned or
severely restricted within the Community that meet the
Convention criteria or that are covered under the inter-
national PIC procedure should be exported without the
the importing country concerned,
explicit consent of
whether or not that country is a party to the Convention.

for example because of

In particular

(12) It is also important that all exported chemicals have an
adequate shelf-life so that they may be used effectively
regards pesticides, and
and safely.
as
it is
especially those exported to developing countries,
storage
essential
conditions is provided and that suitable packaging and
sizes of containers are used to avoid creating obsolete
stocks.

information about appropriate

that

(13) Articles containing chemicals are not within the scope of
it seems appropriate that
the Convention. Nevertheless,
that could be released
articles containing chemicals
under conditions of use 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 procedure should
export notification rules.
also be

to the

subject

(17) Information

shared

exchange,

responsibility

and
co-operative efforts between the Community and its
Member States and third countries should be promoted
with a view to ensuring a sound management of
those third countries are
chemicals, whether or not
Parties
technical
assistance to developing countries and countries with
economies in transition should be provided directly by
the Commission and the Member States, or indirectly
via support
for projects by non-governmental organi-
sations (NGOs), especially assistance seeking to enable
those countries to implement the Convention.

to the Convention.

In particular,

(18) There should be regular monitoring of the operation of
the procedures if they are to be effective. To this end,
Member States should regularly submit reports to the
Commission, which will
in turn regularly report to the
European Parliament and the Council.

(19) Since the measures necessary for the implementation of
this Regulation are measures of general scope within the
meaning of Article 2 of Council Decision 1999/468/EC of
28 June 1999 laying down the procedures for the exercise
of implementing powers conferred on the Commission (1),
they should be adopted by use of the advisory procedure
provided for in Article 3 or the regulatory procedure
provided for in Article 5 of that Decision, as appropriate.

(20) In the light of the above, Regulation (EEC) No 2455/92

should be repealed and replaced,

(1) OJ L 184, 17.7.1999, p. 23.

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HAS ADOPTED THIS REGULATION:

2.

This Regulation shall not apply to:

Article 1

Objectives

1.

The objectives of this Regulation are:

(a) to implement

the Rotterdam Convention on the Prior
for Certain Hazardous

Procedure

Informed Consent
Chemicals and Pesticides in International Trade;

(b) to promote shared responsibility and co-operative efforts in
the international trade 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 disseminating decisions to Parties
and other countries as appropriate.

the

classification, packaging

The objective of this Regulation is also to ensure that the
2.
provisions of Council Directive 67/548/EEC (1), and Directive
1999/45/EC of the European Parliament and the Council (2)
regarding
and labelling of
chemicals dangerous to man or 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 Member States to other parties or other countries, unless
these provisions would conflict with any specific requirements
of those parties or other countries.

Article 2

Scope

1.

This Regulation applies to:

(a) certain hazardous chemicals that are subject to the prior
the Rotterdam
procedure

consent

under

informed
Convention;

(a) narcotic drugs and psychotropic substances covered by

Council Regulation (EEC) No 3677/90 (3);

(b) radioactive materials and substances covered by Council

Directive 96/29/Euratom (4);

(c) wastes covered by Council Directives 75/442/EEC (5) and

91/689/EEC (6);

(d) chemical weapons covered by Council Regulation (EC)

No 1334/2000 (7);

(e)

food and food additives covered by Council Directive
89/397/EEC (8);

(f)

feedingstuffs covered by Council Directive 96/25/EC (9);

(g) genetically modified organisms as covered by Directive
the

the European Parliament and of

2001/18/EC of
Council (10);

covered by Directive 2001/83/EC of

(h) proprietary medicinal products and veterinary medicinal
products
the
European Parliament and of the Council (11) and Directive
2001/82/EC of
the
Council (12), except disinfectants,
insecticides and para-
siticides;

the European Parliament and of

(i) chemicals in quantities not likely to affect health or the
they are imported for the

environment, provided that
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 and
whether manufactured or obtained from nature, but does
not include living organisms. It consists of two categories:
pesticides,
including severely hazardous pesticide formu-
lations; and industrial chemicals;

(b) certain hazardous chemicals that are banned or severely

restricted within the Community; and

(c) all chemicals when exported in so far as their classification,

packaging and labelling are concerned.

(1) OJ L 196, 16.8.1967, p. 1.
(2) OJ L 200, 30.7.1999, p. 1.

(3) OJ L 357, 20.12.1990, p. 1.
(4) OJ L 159, 29.6.1996, p. 1.
(5) OJ L 194, 25.7.1975, p. 39.
(6) OJ L 377, 31.12.1991, p. 20.
(7) OJ L 159, 30.6.2000, p. 1.
(8) OJ L 186, 30.6.1989, p. 23.
(9) OJ L 125, 23.5.1996, p. 35.
(10) OJ L 106, 17.4.2001, p. 1.
(11) OJ L 311, 28.11.2001, p. 67.
(12) OJ L 311, 28.11.2001, p. 1.

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2.

‘preparation’ means a mixture or a solution composed of
two or more
in Directive
1999/45/EC if the preparation is subject to compulsory
labelling under Community legislation, on account of the
presence of any of those substances;

substances

defined

as

(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
registration or approval process and
notification,
raises
the chemical
where there is evidence that
concerns for human health or the environment;

3.

‘article’ means a finished product containing or including a
chemical which has been banned or severely restricted by
Community legislation for use in that product;

10.

‘severely restricted chemical’ means:

4.

‘pesticides’ means pesticides in either of the following two
sub-categories:

(a) pesticides used as plant protection products as covered

by Council Directive 91/414/EEC (1);

(b) other pesticides, and in particular biocidal products
under Directive 98/8/EC of the European Parliament
and the Council (2);

5.

‘industrial chemicals’ means chemicals in either of
following two sub-categories:

the

(a) chemicals for use by professionals;

(b) chemicals for use by the public;

subject

to export notification’ means

‘chemical
any
chemical that is banned or severely restricted within the
Community within
or
sub-categories, and any chemical that is subject to the
PIC procedure listed in Part 1 of Annex I;

or more

categories

one

(a) a chemical virtually all use of which within one or
more categories or sub-categories has been prohibited
by final regulatory action in order to protect human
health or
for which certain
specific uses remain allowed; or

the environment, but

(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
or
consideration
approval process, and where there is evidence that
the chemical raises concern for human health or the
environment;

notification,

registration

in

a

11.

‘final regulatory action’ means a legislative act, the purpose
of which is to ban or severely restrict a chemical;

12.

the Rotterdam Convention

of
‘convention’ means
10 September 1998 on the Prior
Informed Consent
Procedure for Certain Hazardous Chemicals and Pesticides
in International Trade;

‘chemical qualifying for PIC notification’ means any
chemical that is banned or severely restricted within the
Community within one or more
categories. These
chemicals are listed in Part 2 of Annex I;

subject

‘chemical
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;

13.

14.

‘PIC procedure’ means
Procedure established by the Convention;

the Prior

Informed Consent

a
‘severely hazardous pesticide
chemical
formulated for pesticidal use that produces
severe health or environmental effects observable within
a short period of time after single or multiple exposure,
under conditions of use;

formulation’ means

9.

‘banned chemical’ means:

15.

‘export’ means:

(a) a chemical all uses of which within one or more
categories or sub-categories have been prohibited by
final regulatory action by the Community, in order to
protect human health or the environment; or

(a) the permanent or temporary export of a chemical
meeting the conditions of Article 23(2) of the Treaty;

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 123, 24.4.1998, p. 1.

(b) the re-export of a chemical not meeting the conditions
referred to in (a) which are placed under a customs
procedure other than transit procedure;

6.

7.

8.

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16.

‘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;

25.

technical
‘Decision Guidance Document’ means
document prepared by the Chemical Review Committee
for chemicals subject to the PIC procedure.

the

17.

18.

19.

‘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 the consignee in a party or other
country and has the power for determining the sending of
the
the
Community. If no export contract has been concluded or
if the holder of the contract does not act on its own
behalf,
the
chemical out of the customs territory of the Community
shall be decisive;

the power for determining the sending of

chemical out of

territory of

customs

the

‘importer’ means any natural or legal person who at the
time of
the
into the
Community is the consignee for the chemical;

territory of

customs

import

‘Party to the Convention’ means a State or a Regional
economic integration organisation that has consented to
be bound by the Convention and for which the
Convention is in force;

20.

‘Party’ means:

(a) a party to the Convention;

(b) any country which has not ratified the Convention but

which participates in the PIC procedure;

(c) before the entry into force of the Convention, any
country participating in the interim PIC procedure
established by the Resolution on interim arrangements
adopted in Rotterdam on 11 September 1998;

21.

‘other country’ means any country that is not a Party as
defined in point 20;

22.

‘the Conference of the Parties’ means the body established
by Article 18 of
the Convention to perform certain
functions linked to implementation of the Convention;

23.

‘Chemical Review Committee’ means the subsidiary body
established by the Conference of the Parties in accordance
with Article 18(6) of the Convention or, before its entry
into force, the interim Chemical Review Committee estab-
lished by the resolution on interim arrangements;

Article 4

Designated National Authorities

Each Member State shall designate the authority or authorities,
hereinafter referred to as the ‘Designated National Authority’ or
‘Designated National Authorities’, to act for the performance of
the administrative functions 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 of the Community in the Convention

The Commission shall act on behalf of all
the Designated
National Authorities as a unique and common designated
authority in the performance of the functions required by the
Convention.
It shall work in close co-operation with the
Designated National Authorities of the Member States.

In particular, the Commission shall co-ordinate the Community
input on all issues related to the Convention, the preparation of
the Conference of the Parties, the Chemical Review Committee
and other subsidiary bodies. A network of Member State
rapporteurs shall be established, as appropriate, to deal with
the preparation of
technical documents such as Decision
Guidance Documents.

The Commission and the Member States
take the
necessary initiatives to ensure appropriate representation of
the Community in the different bodies implementing the
Convention. In particular, they shall seek to ensure that the
Commission receives a seat in the subsidiary bodies established
by the Convention.

shall

Article 6

Chemicals subject to export notification, qualifying for
PIC notification, and subject to the PIC procedure

1.
The chemicals covered by the provisions of this Regu-
lation relating to export notification, PIC notification and the
PIC procedure respectively shall be as listed in Annex I.

24.

‘the Secretariat’ means the Secretariat of the Convention
or, before its entry into force, the interim Secretariat estab-
lished by the resolution on interim arrangements;

2.
Chemicals in Annex I shall be assignable to one or more
of three categories, set out respectively as Parts 1, 2 and 3 of
that Annex.

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The chemicals listed in Part 1 shall be subject to export notifi-
cation as laid down in Article 7, with detailed information on
the identity of
the substance, on the use category and/or
sub-category subject to restriction, the type of restriction and,
in particular on
where appropriate, additional
exemptions to requirements for export notification.

information,

The chemicals listed in Part 2 shall, in addition to being subject
to the export notification procedure under Article 7, qualify for
the PIC notification procedure laid down in Article 10, with
detailed information on the identity of the substance and on
the use category.

The chemicals listed in Part 3 shall be subject to the PIC
procedure with the use category and, where appropriate,
additional information, in particular on any requirements for
export notification.

The lists shall be made available to the public via the

3.
internet.

Article 7

If the Commission does not receive from the importing
2.
party or other country an acknowledgement of receipt of the
first export notification made after the chemical is included in
the Part 1 of Annex I within 30 days of the dispatch of the
second notification. The
notification,
Commission shall make reasonable efforts to ensure that the
appropriate authority in the importing party or other country
receives the second notification.

submit

shall

it

a

substances

3.
A new export notification according to paragraph 1 shall
be given for exports which take place subsequent to changes to
Community legislation concerning the marketing, use or
labelling of
the
composition of the preparation in question changes so that
the labelling of such preparation is altered. The new notifi-
cation shall comply with the requirements set out in Annex
III and shall indicate that it is a revision of a previous notifi-
cation.

in question or whenever

4. Where the export of a chemical relates to an emergency
situation in which any delay may endanger public health or the
the
environment
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 with the Commission.

in the importing party or other country,

Export notifications

forwarded to parties and other

countries

The obligations set out in paragraphs 1, 2 and 3 shall

5.
cease when:

to the provisions of

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 of which it
becomes subject
the
exporter shall notify the Designated National Authority of
the Member State in which he is established, no later than
is due to take
30 days before the export of the chemical
place. Thereafter the exporter shall notify the first export of
the chemical each calendar year to the Designated National
Authority 8 days before the export of
takes
place. The notification shall comply with the requirements
set out in Annex III.

this Regulation,

the chemical

The Designated National Authority shall check compliance of
the information with Annex III and promptly forward the
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 at least 15 days prior to the first
intended export of the chemical and thereafter before the first
export of the chemical in any subsequent calendar year. This
shall apply regardless of the expected 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 the importing parties and other countries for each calendar
year shall be kept available to the public, and distributed to the
Designated National Authorities of
the Member States as
appropriate.

(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 with Article 10(2) of the
Convention to the Secretariat whether to consent or not to
consent to importation of the chemical; and

(c)

the Commission has received this information from the
Secretariat and has forwarded it to Member States.

That rule shall not apply where the importing country being
party to the Convention explicitly requires continued export
notification by exporting Parties,
for example through its
import decision or otherwise.

The obligations set out in paragraphs 1, 2 and 3 shall also
cease when:

(a) the appropriate authority of the importing party or other
country has waived the requirement to be notified before
the export of the chemical; and

(b) the Commission has received the information from the
Secretariat or
the
importing party or other country and has forwarded it to
Member States and made it available on the internet.

from the appropriate authority of

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The Commission, the relevant Designated National Auth-
6.
orities 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 establish systems obliging the
exporter to pay an administrative fee for each export notifi-
cation made, corresponding to their costs in carrying out the
procedures associated with the provisions of this Article.

Article 8

Export notifications received from parties

1.
Export notifications received by the Commission from the
Designated National Authority of a party concerning the export
to the Community of a chemical
the manufacture, use,
transport and/or sale of which is
handling, consumption,
subject to prohibition or severe restriction under that party's
legislation shall be made available on internet
through the
database maintained by the Commission.

The Commission shall acknowledge receipt of the first export
notification received for each chemical from each party.

Upon request,
Member State
received together with all available information.

the Designated National Authority of
shall

the
a copy of any notification

receive

2.
the
Should the Designated National Authorities of
Member States receive any export notifications either directly
or
indirectly from the Designated National Authorities of
parties, they shall forthwith forward these notifications to the
Commission together with all available information.

Article 9

Information on trade in chemicals

Each exporter of a chemical

listed in Annex I shall,
1.
during the first quarter each year,
inform the Designated
National Authority of its Member State on the quantity of
the chemical (as a substance and as contained 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 shipment took
place during the same time period.

2.
Each importer within the Community shall provide the
same information for the quantities imported into Community.

Upon request from the Commission or the Designated
the exporter or importer shall provide
is

3.
National Authority,
any additional
necessary to implement this Regulation.

information related to chemicals

that

Article 10

Participation in the notification of banned or severely
restricted chemicals under the Convention

Unless it has already done so prior to the entry into force
1.
of this Regulation, the Commission shall notify the Secretariat
in writing of the chemicals that qualify for PIC notification.

As and when further chemicals qualify for PIC notifi-
2.
cation and are added to Part 2 of Annex I, the Commission
shall notify the Secretariat. The notification shall be submitted
as
final
Community regulatory action banning or severely restricting
the chemical, and no later than 90 days after the date on
which the final regulatory action has to be applied.

soon as possible after adoption of

the relevant

It shall provide all relevant information as required in Annex II.

In

for

determining

3.
priorities
the
Commission shall take into account whether the chemical
is
the
already listed in Part 3 of Annex I,
information requirements laid down in Annex II can be met,
and the severity of the risks presented by the chemical,
in
particular for developing countries.

to what extent

notifications,

for PIC notification, but

When a chemical qualifies
the
information is insufficient to meet the requirements of Annex
II, identified exporters and/or importers shall, upon request by
the Commission, provide all relevant information available to
them,
international
including that
chemical control programmes.

from other national or

The Commission shall notify the Secretariat in writing
4.
when a final regulatory action notified under paragraphs 1
or 2 is modified as soon as possible after adoption of the
new final regulatory action, and no later than 60 days after
the date on which the new final regulatory action has 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.

Upon request from any party or from the Secretariat, the
5.
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 the information.

information that

The Commission shall forward forthwith to the Member
6.
States
from the Secretariat
receives
regarding chemicals notified as banned or severely restricted
by other parties.

it

4.
Each Member State shall provide the Commission with
aggregated information in accordance with Annex IV each
year. The Commission shall summarise this information at
Community
the non-confidential
information publicly available on its database/internet.

and shall make

level

The Commission shall evaluate, in close co-operation with the
Member States, the need to propose measures at Community
level
in order to prevent any unacceptable risks for human
health and the environment within the Community.

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7. Member States shall not submit notifications to the Secre-
tariat regarding final regulatory actions.

in order to prevent
propose measures at Community level
any unacceptable risks for human health and the environment
within the Community, taking into account the information
contained in the Decision Guidance Document.

Article 11

Information to be transmitted to the Secretariat about
banned or severely restricted chemicals not qualifying
for PIC notification

When a chemical is listed only in the Part 1 of Annex I, the
Commission shall provide the Secretariat with information
about the relevant regulatory actions that lead to the chemical's
inclusion, so that this information can be disseminated to other
parties to the Convention as appropriate.

Article 12

Obligations in relation to imports of chemicals

take

the Community,

1.
The Commission shall forward forthwith to the Member
States Decision Guidance Documents which it receives from
the Secretariat. The Commission shall
an import
in the form of a final or interim import response
decision,
future
on behalf of
importation into the Community of the chemical concerned:
it shall do so in accordance with existing Community legis-
lation and the procedure referred to in Article 24(2). It shall
then communicate the decision to the Secretariat as soon as
possible, and no later than nine months after the date of
dispatch of the Decision Guidance Document by the Secre-
tariat.

concerning

the

If any chemical is subject to additional or modified restrictions
under Community legislation, the Commission shall revise the
import decision in accordance with the same procedure and
communicate it to the Secretariat.

An import decision under paragraph 1 shall relate to the
in the

2.
category or categories
Decision Guidance Document.

the chemical

specified for

3. When communicating the import decision to the Secre-
tariat, the Commission shall provide a description of the legis-
lative or administrative measure upon which it is based.

4.
the
Each Designated National Authority within
Community shall make the import decisions under paragraph
1 available to those concerned within its competence,
in
accordance with its legislative or administrative measures.

5. Where appropriate,
close co-operation with the Member States,

the Commission shall evaluate,

in
the need to

Article 13

Obligations in relation to exports of chemicals other than
export notification requirements

regarding

chemicals

1.
The Commission shall forward forthwith to the Member
States and European industry associations, information which it
receives, whether in the form of circulars or otherwise, from
the Secretariat
to the PIC
importing Parties regarding
procedure and the decisions of
import conditions on these chemicals.
It shall also forward
forthwith to the Member States information on any cases of
failure to transmit a response. The Commission shall keep all
information regarding
in its
database, which will be publicly available on the internet,
and provide anyone with the information upon request.

import decisions

available

subject

2.
For each chemical listed in Annex I the Commission shall
assign a classification in the European Community's Combined
Nomenclature. These
revised as
classifications
necessary in the light of any changes effected by the World
Customs Organisation to the Harmonised System nomenclature
for the chemicals concerned.

shall be

3.
Each Member State shall communicate the responses
forwarded by the Commission under paragraph 1 to those
concerned within its jurisdiction.

Exporters shall comply with decisions in each import
4.
response no later than six months after the Secretariat has
first
such response under
paragraph 1.

informed the Commission of

5.
The Commission and the Member States shall advise and
assist importing parties, upon request and as appropriate, to
obtain further information to help them to make a response to
the Secretariat concerning importation of a given chemical.

No chemicals listed in the Parts 2 or 3 of Annex I shall

6.
be exported unless:

(a) explicit consent to the importation has been sought and
received by the exporter through his Designated National
Authority and the Designated National Authority of the
importing party or
authority in an
importing other country; or

an appropriate

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(b) in the case of chemicals listed in Part 3 of Annex I, the
latest
to
paragraph 1 indicates that the importing party has given
consent to importation.

issued by the Secretariat pursuant

circular

7.
No chemical shall be exported later than six months
before the expiry date, when such a date exists or can be
intrinsic
inferred from the production date, unless
properties of
In
the chemical
particular, in the case of pesticides exporters shall ensure that
the size and packaging of pesticide containers is optimised so
as to minimise the risks of creating obsolete stocks.

the
impracticable.

render

this

8. When exporting pesticides, exporters shall ensure that the
label contains specific information about storage conditions
the
and storage stability under the climatic conditions of
importing party or other country.
they shall
ensure that the exported pesticides comply with the purity
specification established by Community legislation.

In addition,

Article 14

Controls on export of certain chemicals and articles
containing chemicals

Articles containing chemicals listed in Parts 2 or 3 of
to the export

1.
Annex I
in unreacted form shall be subject
notification procedure laid down in Article 7.

2.
Chemicals and articles the use of which is prohibited in
the Community, as listed in Annex V, shall not be exported.

Article 15

Information on transit movements

1.
Parties to the Convention requiring information on transit
movements of chemicals subject to the PIC procedure together
with the information required for each party to the Convention
having expressed such need through the Secretariat shall be as
listed in Annex VI.

2. When a chemical
listed in Part 3 of Annex I is trans-
ported through the territory of a party to the Convention listed
in Annex VI, the exporter shall, as far as practicable, provide
the Designated National Authority of the Member State in
which he is established with the information required by the
party to the Convention in accordance with Annex VI 30 days
before the first transit takes place and 8 days before each
subsequent transit movement.

the exporter under paragraph 2 together with any available
additional information.

The Commission shall forward the information received
4.
under paragraph 3 to the Designated National Authorities of
Parties to the Convention which requested such information,
together with any available additional
information, 15 days
before first transit movement and prior to any subsequent
transit movement.

Article 16

Information to accompany exported chemicals

1.
Chemicals that are intended for export shall be subject to
the measures on packaging and labelling established in, or
to, Directive 67/548/EEC, Directive 1999/45/EC,
pursuant
Directive 91/414/EEC and Directive 98/8/EC, or any other
specific Community legislation. This obligation shall be
without prejudice
the
country taking into account
importing party or other
relevant international standards.

to any specific

requirements of

2. Where appropriate, the expiry date and the production
date of chemicals referred to in paragraph 1 or listed in Annex
I shall be indicated on the label, and if necessary such expiry
dates shall be given for different climate zones.

A safety data sheet

3.
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 each importer.

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 more of the principal languages, of the country of
destination or of the area of intended use.

Article 17

Obligations of the customs services of the Member States

Each Member State shall designate a limited number of
customs offices 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 co-ordinated way in controlling compliance of exporters
with this Regulation.

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 customs services in this regard.

3.
The Designated National Authority of the Member State
shall forward to the Commission the information received from

(1) OJ L 76, 22.3.1991, p. 35.

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Article 18

Penalties

(f)

the summary results of the toxicological and ecotoxico-
logical tests.

Member States shall determine the penalties applicable to
infringements of the provisions of this Regulation and take
all necessary measures to ensure correct implementation of
these provisions. The penalties must be effective, proportional
and dissuasive. Member States shall notify these measures to
the Commission not later than six months after the adoption of
this Regulation and shall also notify any further modifications
as soon as possible after their adoption.

shall

actively
The Commission and the Member States
participate in the Information Network on capacity building
set up by the Intergovernmental Forum on Chemical Safety,
by providing information on the projects they are supporting
or financing to improve the management of chemicals in
developing countries and countries with economies in tran-
sition.

Article 19

Information exchange

A compilation of these activities shall be prepared regularly by
the Commission on the basis of the contributions of Member
States.

1.
The Commission and the Member States shall, as appro-
priate, facilitate the provision of scientific, technical, economic
to this
and legal
Regulation,
and
safety information.

information concerning chemicals subject
toxicological,

ecotoxicological

including

The Commission, with the support of the Member States as
necessary, shall, as appropriate, ensure:

(a) the provision of publicly available information on regu-
latory 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.

The Commission and the Member States shall protect any
information received from another party as

2.
confidential
mutually agreed.

and without prejudice

As regards the transmission of information under this
3.
Regulation,
to Council Directive
90/313/EEC (1) concerning freedom of access to information
on the environment, the following shall not be regarded as
confidential:

(a) the information in Annex II and Annex III;

(b) the information contained in safety data sheets referred to

in paragraph 3 of Article 16;

(c) the expiry date of the chemical;

(d) the production date of the chemical;

Article 20

Technical assistance

The Commission and the Designated National Authorities of
the Member States shall, taking into account in particular the
needs of developing countries and countries with economies in
transition,
assistance,
in promoting
including training, for the development of the infrastructure,
the capacity and the expertise necessary to manage chemicals
properly throughout their life cycle.

co-operate

technical

technical

the Convention,

In particular, and with a view to enabling these countries to
implement
shall be
promoted by providing technical
information on chemicals,
by promoting the exchange of experts, by giving support for
the establishment or maintenance of Designated National Auth-
orities, by providing technical expertise for the identification of
hazardous pesticides formulations and for the preparation of
notifications to the Secretariat.

assistance

The Commission and the Member States shall also consider
giving support to non-governmental organisations.

Article 21

Monitoring and reporting

1. Member States shall regularly forward to the Commission
information on the operation of the procedures provided for in
this Regulation, including the customs controls, infringements,
penalties, and remedial action.

(e)

including hazard
information on precautionary measures,
classification, the nature of the risk and the relevant safety
advice; and

(1) OJ L 158, 23.6.1990, p. 56.

2.
The Commission shall regularly compile a report on the
performance of the functions provided for in this Regulation
for which it is responsible and shall integrate it in a synthesis
report compiling the information provided by the Member
States under paragraph 1. A summary of the report, which
will be published on the internet, shall be forwarded to the
European Parliament and the Council.

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As

the

regards

to
3.
paragraphs 1 and 2, the Member States and the Commission
shall comply with relevant obligations to protect the confiden-
tiality of data and ownership.

information supplied pursuant

Article 22

Updating annexes

1.
The list of chemicals in Annex I shall be reviewed by the
Commission at regular intervals, on the basis of developments
under Community legislation and under the Convention.

In determining whether a final regulatory action under
2.
Community legislation constitutes a ban or a severe restriction,
the effect of the action shall be assessed at the level of the
sub-categories within the categories ‘pesticides’ and ‘industrial
chemicals’. If the regulatory action bans or severely restricts a
chemical in any one of the sub-categories 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 the chemical concerned qualifies for PIC notification
under Article 10, the effect 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 it shall also be included
in Part 2 of Annex I.

The Commission shall

3.
a decision to include
chemicals in Annex I, or to modify their entry where appro-
priate, without undue delay.

take

Article 23

Technical notes for guidance

The Commission, in accordance with the procedure referred to
in Article 24(2), shall draw up technical notes for guidance to
facilitate the day-to-day application of this Regulation.

These technical notes shall be published in the ‘C’ series of the
Official Journal of the European Communities.

Article 24

Committee

The Commission shall be assisted by the committee

1.
established by Article 29 of Directive 67/548/EEC.

2. Where reference is made to this paragraph, the advisory
procedure laid down in Article 3 of Decision 1999/468/EC
shall apply, in compliance with Article 7 thereof.

3. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply, in compliance with Article 7 thereof.

The period provided for
1999/468/EC shall be three months.

in Article 5(6) of Decision

Article 25

Repeal

Regulation (EEC) No 2455/92 is hereby repealed.

Inclusion of a chemical in the Parts 1 or 2 of Annex I
4.
to paragraph 2 following regulatory action under
pursuant
Community legislation shall be decided in accordance with
the procedure referred to in Article 24(3).

Article 26

Entry into force

All other amendments to Annex I,

5.
including modifi-
cations to existing entries, and amendments to Annexes II,
III, IV and VI, shall be adopted by the procedure referred to
in Article 24(2).

This Regulation shall enter into force on 1 January 2003.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

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ANNEX I

PART 1: LIST OF CHEMICALS SUBJECT TO EXPORT NOTIFICATION PROCEDURE

(Article 7 of the 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 paragraphs 1 to 3 of Article 7 of the Regulation shall not apply provided that the
conditions laid down in subparagraphs (b) and (c) of paragraph 5 of the same Article have been fulfilled. Such
chemicals, which are identified by the symbol # in the list below, 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 final 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

EC No

CN Code

Sub-
category (*)

Use
limitation (**)

Countries for which
no notification is required

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

1,1,1-Trichloroethane

71-55-6

200-756-3

2903 19 10

i(2)

1,2-Dibromoethane (Ethylene dibromide) #

106-93-4

203-444-5

2903 30 36

p(1)

1,2-Dichloroethane (ethylene dichloride) #

107-06-2

203-458-1

2903 15 00

2-Naphtylamine and its salts +

91-59-8
and others

202-080-4
and others

2921 45 00

2,4,5-T #

93-76-5

202-273-3

2918 90 90

4-Aminobiphenyl and its salts +

92-67-1
and others

202-177-1
and others

2921 49 90

4-Nitrobiphenyl +

92-92-3

202-204-7

2904 20 00

p(1)
i(2)

i(1)
i(2)

i(1)
i(2)

i(1)
i(2)

Aldrin #

309-00-2

206-215-8

2903 59 90

p(1)

b

b

b
b

b
b

b
b

b
b

b

Arsenic compounds

Asbestos Fibres +:

Crocidolite #

Amosite

Antophyllite

Actinolite

Tremolite

Chrysotile

Azinphos-ethyl

Benzene

Benzidine and its salts +

Benzidine derivatives +

p(2)

sr

12001-28-4

310-127-6

2524 00

12172-73-5

77536-67-5

77536-66-4

77536-68-6

132207-32-0

2524 00

2524 00

2524 00

2524 00

2524 00

i(1)-i(2)

i(1)-i(2)

i(1)-i(2)

i(1)-i(2)

i(1)-i(2)

i(1)-i(2)

2642-71-9

220-147-6

2933 90 95

p(1)

71-43-2

200-753-7

2902 20

i(2)

b-b

b-b

b-b

b-b

b-b

b-b

b

sr

92-87-5

202-199-1

2921 59 90

i(1)-i(2)

sr-b

—

—

Binapacryl #

485-31-4

207-612-9

2916 19 80

i(2)

p(1)
i(2)

b

b
b

Please refer to PIC circular at
www.pic.int/

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Chemical

CAS No

EC No

CN Code

Sub-
category (*)

Use
limitation (**)

Countries for which
no notification is required

Cadmium and its Compounds

7440-43-9
and others

231-152-8
and others

i(1)

sr

8107
3206 30 00
and others

Camphechlor (Toxaphene) #

8001-35-2

232-283-3

3808 10 20

p(1)

b

Captafol #

2425-06-1

219-363-3

2930 90 70

p(1)-p(2)

b-b

Carbon tetrachloride

56-23-5

200-262-8

2903 14 00

i(2)

Chlordane #

57-74-9

200-349-0

2903 59 90

p(1)

Chlordimeform #

6164-98-3

228-200-5

2925 20 00

Chlorfenapyr +

122453-73-0

2933 99 90

p(1)

Chlorobenzilate #

510-15-6

208-110-2

2918 19 80

Chloroform

Chlozolinate +

67-66-3

200-663-8

2903 13 00

i(2)

84332-86-5

282-714-4

2934 99 90

p(1)

b

b

b

b

b

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

Creosote and Creosote related substances

8001-58-9

232-287-5

2707 91 00

61789-28-4

263-047-8

84650-04-4

283-484-8

90640-84-9

292-605-3

65996-91-0

2266-026-1

90640-80-5

292-602-7

65996-82-2

266-019-3

8021-39-4

232-419-1

122384-78-5

310-191-5

9

>>>>>>>>>>>>>>>>>>>>>>>>=
>>>>>>>>>>>>>>>>>>>>>>>>;

i(2)

b

Cyhalothrine

68085-85-8

268-450-2

2926 90 95

p(1)

DBB (Di-µ-oxo-di-n-butylstannio-hydroxy-
borane)

75113-37-0

401-040-5

2931 00 95

i(1)

DDT (1,1,1-trichloro-2,2-bis(p-chlorophenyl)-
ethane) #

50-29-3

200-024-3

2903 62 00

p(1)

Dicofol containing < 78 % p,p'-Dicofol or
1 g/kg of DDT and DDT related com-
pounds +

115-32-2

204-082-0

2906 29 00

p(1)

Dieldrin #

60-57-1

200-484-5

2910 90 00

p(1)

Dinoseb, its acetate and salts #

88-85-7 and
others

201-861-7
and others

2908 90 00
2915 39 90

p(1)
i(2)

Dinoterb +

1420-07-1

215-813-8

2908 90 00

p(1)

b

b

b

b

b

b
b

b

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

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Chemical

CAS No

EC No

CN Code

Sub-
category (*)

Use
limitation (**)

Countries for which
no notification is required

DNOC +

Endrin +

534-52-1

208-601-1

2908 90 00

p(1)

72-20-8

200-775-7

2910 90 00

p(1)

Ethylene oxide (Oxirane) #

75-21-8

200-849-9

2910 10 00

p(1)

Fenvalerate

Ferbam

51630-58-1

257-326-3

2926 90 95

p(1)

14484-64-1

238-484-2

2930 20 00

p(1)

Fluoroacetamide #

640-19-7

211-363-1

2924 19 00

HCH containing less than 99,0 % of
gamma isomer #

the

608-73-1

210-168-9

2903 51 00

p(1)

Heptachlor #

76-44-8

200-962-3

2903 59 90

p(1)

b

b

b

b

b

b

b

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

Hexachlorobenzene #

118-74-1

204-273-9

2903 62 00

p(1)-p(2)
i(2)

b-sr
b

Please refer to PIC circular at
www.pic.int/

Hexachloroethane

67-72-1

200-666-4

2903 19 90

i(1)

Lindane (γ-HCH) #

58-89-9

200-401-2

2903 51 10

p(1)

(a) Maleic hydrazide, and its salts, other than
choline, potassium and sodium salts;

123-33-1

204-619-9

2933 99 90

p(1)

(b) Choline, potassium and sodium salts of
maleic hydrazide containing more than
1 mg/kg of free hydrazine expressed on
the basis of the acid equivalent

51542-52-0

sr

b

b

Please refer to PIC circular at
www.pic.int/

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) #

Methyl-parathion
(emulsifiable concentrates (EC) with 19,5 %,
40 %, 50 %, 60 % active ingredient and dusts
containing 1,5 %, 2 % and 3 % active
ingredient) #

10265-92-6

233-606-0

3808 10 40

298-00-0

206-050-1

3808 10 40

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

Monocrotophos
(Soluble liquid formulations of the substance
that exceed 600 g active ingredient/l) #

6923-22-4

230-042-7

3808 10 40
3808 90 90

Please refer to PIC circular at
www.pic.int/

Monolinuron

1746-81-2

217-129-5

2928 00 90

p(1)

Monomethyl-dibromo-diphenyl methane
Tradename: DBBT +

99688-47-8

401-210-1

2903 69 90

i(1)

b

b

Monomethyl-Dichloro-Diphenyl methane;
Tradename: Ugilec 121 or Ugilec 21 +

—

400-140-6

2903 69 90

i(1)-i(2)

b-b

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Chemical

CAS No

EC No

CN Code

Sub-
category (*)

Use
limitation (**)

Countries for which
no notification is required

Monomethyl-Tetrachlorodiphenyl methane;
Tradename: 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)

Organostannic compounds

—

—

2931 00 95

p(2)
i(2)

Parathion # +

56-38-2

200-271-7

2920 10 00

p(1)

b

sr
sr

b

Pentachlorophenol #

87-86-5

201-778-6

2908 10 00

Permethrin

52645-53-1

258-067-9

2916 20 00

p(1)

b

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

Phosphamidon
(Soluble liquid formulations of the substance
that exceed 1 000 g active ingredient/l) #

Polybrominated biphenyls (PBB) #

13171-21-6
(mixture,
(E)&(Z)
isomers)
23783-98-4
((Z)-isomer)
297-99-4
((E)-isomer)

13654-09-06
36355-01-08
27858-07-7

236-116-5

3808 10 40
3808 90 90

Please refer to PIC circular at
www.pic.int/

—

2903 69 90

i(1)

sr

Please refer to PIC circular at
www.pic.int/

Polychlorinated biphenyls (PCB) #

1336-36-3
and others

215-648-1
and others

2903 69 90

i(1)

Polychlorinated terphenyls (PCT) #

61788-33-8

262-968-2

2903 69 90

i(1)

Propham

Pyrazophos +

Quintozene +

Tecnazene +

122-42-9

204-542-0

2924 29 95

p(1)

13457-18-6

236-656-1

2933 59 95

p(1)

82-68-8

201-435-0

2904 90 85

p(1)

117-18-0

204-178-2

2904 90 85

p(1)

Tris (2,3- dibromopropyl) phosphate #

126-72-7

204-799-9

2919 00 90

i(1)

Tris-aziridinyl-phosphinoxide +

545-55-1

208-892-5

2933 99 90

i(1)

Zineb

12122-67-7

235-180-1

3824 90 99

p(1)

b

b

b

b

b

b

sr

sr

b

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

Please refer to PIC circular at
www.pic.int/

(*)

Sub-category: p(1) — pesticide in the group of plant protection products, p(2) — other pesticide including biocides. i(1) — industrial chemical for professional use
and i(2) — industrial chemical for public use.

(**) Use limitation: sr — severe restriction, b — ban (for the sub-category or sub-categories concerned) according to Community legislation.
CAS: Chemical Abstracts Service.
#
+

Chemical subject or partially subject to the PIC procedure.
Chemical qualifying for PIC notification.

C 126 E/306

EN

Official Journal of the European Communities

28.5.2002

PART 2: LIST OF CHEMICALS QUALIFYING FOR PIC NOTIFICATION

(Article 10 of the 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

EC No

CN Code

Category (*)

Use
limitation (**)

2-Naphtylamine and its salts

4-Aminobiphenyl and its salts

4-Nitrobiphenyl

Asbestos Fibres:

Crocidolite #

Amosite

Antophyllite

Actinolite

Tremolite

Chrysotile

Benzidine and its salts

Benzidine derivatives

Chlorfenapyr

Chlozolinate

Dicofol containing < 78 % p,p'-Dicofol or
1 g/kg
related
compounds

and DDT

of DDT

Dinoterb

DNOC

Endrin

Monomethyl-dibromo-diphenyl methane
Tradename: DBBT

Monomethyl-Dichloro-Diphenyl methane;
Tradename: Ugilec 121 or Ugilec 21

Monomethyl-Tetrachlorodiphenyl
methane;
Tradename: Ugilec 141

Nitrofen

Parathion #

Pyrazophos

Quintozene

Tecnazene

91-59-8
and others

202-080-4
and others

2921 45 00

92-67-1
and others

202-177-1
and others

2921 49 90

92-92-3

202-204-7

2904 20 00

12001-28-4

12172-73-5

77536-67-5

77536-66-4

77536-68-6

132207-32-0

2524 00

2524 00

2524 00

2524 00

2524 00

2524 00

912-87-5

202-199-1

2921 59 90

—

—

122453-73-0

84332-86-5

282-714-4

2934 90 96

115-32-3

204-082-0

2906 29 00

1420-07-1

215-813-8

2908 90 00

534-52-1

208-601-1

2908 90 00

72-20-8

200-775-7

2910 90 00

99688-47-8

401-210-1

2903 69 90

—

400-140-6

2903 69 90

76253-60-6

278-404-3

2903 69 90

1836-75-5

217-406-0

2909 30 90

56-38-2

200-271-7

2920 10 00

13457-18-6

236-656-1

2933 59 70

82-68-8

201-435-0

2904 90 85

117-18-0

204-178-2

2904 90 85

i

i

i

i

i

i

i

i

i

i

p

p

p

p

p

p

i

i

i

p

p

p

p

p

b

b

b

b

b

b

b

b

b

sr

sr

b

sr

b

b

b

b

b

b

b

sr

b

b

sr

Category: p — pesticide s. 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 PIC procedure.

28.5.2002

EN

Official Journal of the European Communities

C 126 E/307

PART 3: LIST OF CHEMICALS SUBJECT TO THE PIC PROCEDURE UNDER THE ROTTERDAM CONVENTION

(Articles 12 and 13 of the Regulation)

(The categories shown are those referred to in the Convention)

Chemical

Relevant CAS number(s)

Category

2,4,5-T

Aldrin

Binapacryl

Captafol

Chlordane

93-76-5

309-00-2

485-31-4

2425-06-1

57-74-9

Chlordimeform

6164-98-3

Chlorobenzilate

510-15-6

DDT

Dieldrin

50-29-3

60-57-1

Dinoseb and dinoseb salts

88-85-7

1,2-dibromoethane (EDB)

106-93-4

Ethylene dichloride

107-06-2

Ethylene oxide

Fluoroacetamide

75-21-8

640-19-7

HCH (mixed isomers)

608-73-1

Heptachlor

76-44-8

Hexachlorobenzene

118-74-1

Lindane

58-89-9

Mercury
including
compounds,
inorganic mercury compounds, alkyl
mercury compounds and alkyloxyalkyl
and aryl mercury compounds

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

C 126 E/308

EN

Official Journal of the European Communities

28.5.2002

Chemical

Relevant CAS number(s)

Category

Pentachlorophenol

Toxaphene

87-86-5

87-86-5

Pesticide

Pesticide

Methamidophos
the
(Soluble
substance that exceed 600 g active
ingredient/l)

liquid formulations of

10265-92-6

Methyl-parathion
(EC) with
concentrates
(emulsifiable
19,5 %,
60 % active
50 %,
ingredient and dusts containing 1,5 %,
2 % and 3 % active ingredient)

40 %,

298-00-0

Monocrotophos
(Soluble
the
substance that exceed 600 g active
ingredient/l)

liquid formulations of

6923-22-4

56-38-2

Parathion
(all formulations — aerosols, dustable
powder (DP), emulsifiable concentrate
and wettable
(GR)
(EC),
powders (WP) — of this substance are
included, except capsule suspensions
(CS))

granules

Severely hazardous pesticide formu-
lation

Severely hazardous pesticide formu-
lation

Severely hazardous pesticide formu-
lation

Severely hazardous pesticide formu-
lation

Phosphamidon
(Soluble
the
substance that exceed 1 000 g active
ingredient/l)

liquid formulations of

13171-21-6 (mixture,
(E)&(Z) isomers)
23783-98-4 ((Z)-isomer)
297-99-4 ((E)-isomer)

Severely hazardous pesticide formu-
lation

Crocidolite

12001-28-4

Polybrominated biphenyls (PBB)

36355-01-8(hexa-)
27858-07-7(octa-)
13654-09-6 (deca-)

Polychlorinated biphenyls (PCB)

1336-36-3

Polychlorinated terphenyls (PCT)

61788-33-8

Tris (2,3-dibromopropyl) phosphate

126-72-7

Industrial

Industrial

Industrial

Industrial

Industrial

28.5.2002

EN

Official Journal of the European Communities

C 126 E/309

ANNEX II

NOTIFICATION OF A BANNED OR SEVERELY RESTRICTED CHEMICAL TO THE SECRETARIAT OF THE
CONVENTION

Information requirements for notifications pursuant to Article 10

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 EU

in the importing country;

(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, include 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 each category:

(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, such as:

— integrated pest management strategies;

— industrial practices and processes, including cleaner technology.

C 126 E/310

EN

Official Journal of the European Communities

28.5.2002

ANNEX III

EXPORT NOTIFICATION

Information required pursuant to Article 7

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) EC 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 each substance 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) The name, address, telephone and telex, fax number or E-mail of the designated authority in the European Union

from which further information may be obtained.

(b) The name, address, telephone and telex, fax number or E-mail of the designated authority in the importing

country.

5. Information on precautions to be taken, including category of danger and risk and safety advice.

6. A summary on physico-chemical, toxicological and ecotoxicological properties.

7. Use of the chemical in the European Union:

(a) Uses and category(ies)/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 to the Regulation)

(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 paragraph 2(a), (c) and (d).

Additional
specified in Annex II when requested by the importing party.

information provided by the exporting party because considered of concern or further information

28.5.2002

EN

Official Journal of the European Communities

C 126 E/311

ANNEX IV

INFORMATION TO BE PROVIDED BY THE DESIGNATED NATIONAL AUTHORITIES OF THE MEMBER
STATES TO THE COMMISSION IN ACCORDANCE WITH ARTICLE 9

1. Summary of quantities of chemicals (in the form of substances and preparations) subject to Annex I exported during

the previous year.

(a) Year of 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

ANNEX V

CHEMICALS AND ARTICLES SUBJECT TO EXPORT BAN

(Article 14 of the Regulation)

ANNEX VI

LIST OF PARTIES TO THE CONVENTION REQUIRING INFORMATION ON TRANSIT MOVEMENTS OF
CHEMICALS SUBJECT TO THE PIC PROCEDURE

(Article 15 of the Regulation)