Regulation (EC) No 304/2003 of the European Parliament and of the Coucil of 28 January 2003 concerning the export and import of dangerous chemicals (Text with EEA relevance)
Date: 2003-01-28
Institutions: Council of the European Union, European Parliament
Subjects: chemical product, dangerous substance, exchange of information, export monitoring, import policy, information system, international trade, preparation for market

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(Acts whose publication is obligatory)

REGULATION (EC) No 304/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUCIL

of 28 January 2003

concerning the export and import of dangerous chemicals

(Text with EEA relevance)

(2)

(3)

(4)

(5)

(6)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1), thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1)

Council Regulation (EEC) No 2455/92 of 23 July 1992
concerning the export and import of certain dangerous
chemicals (4) establishes,
inter alia, a common system
of notification and information for exports 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
(cid:145)prior
applies on a mandatory basis the international
informed
the
under
(PIC)
non-binding provisions of the London Guidelines for
the
in
International Trade (London Guidelines) of the United
Nations Environment Programme (UNEP), as amended
in 1989, and under the International Code of Conduct
on the Distribution and Use of Pesticides, as amended
the Food and Agriculture Organisation
in 1990, of
(FAO).

Information on Chemicals

Exchange of

procedure

consent(cid:146)

(1) OJ C 126 E, 28.5.2002, p. 291.
(2) OJ C 241, 7.10.2002, p. 50.
(3) Opinion of the European Parliament of 24 October 2002 (not yet
Journal) and Council Decision of 19

published in the Official
December 2002.

(4) OJ L 251, 29.8.1992, p. 13. Regulation as last amended by
Commission Regulation (EC) No 300/2002 (OJ L 52, 22.2.2002,
p. 1).

for

On 11 September 1998, the Community signed the
Rotterdam Convention on the prior informed consent
procedure
and
certain hazardous
pesticides in international trade (the PIC Convention).
interim
At
the
arrangements
the
Diplomatic Conference was adopted, setting up an
interim PIC procedure based on the Convention text.

a Resolution
laid down in the Final Act of

chemicals

same

time,

on

It is appropriate that the Community should act to
implement the rules of the Convention, including, until
the interim PIC
such time as it enters into force,
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.

With the same objective in mind, it is also necessary
and appropriate to go further than the provisions of
the 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,
such action is consistent with the
provided that
provisions of the Convention and is in accordance with
international law.

it

is essential

As regards the participation of the Community in the
Convention,
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.

to be

subject

procedure.

to a
Accordingly,

Exports of dangerous chemicals that are banned or
severely restricted within the Community should
common export
continue
notification
dangerous
chemicals, whether in the form of a substance by itself
in a preparation, which have been banned or
or
severely
as plant
protection products, as other forms of pesticides, or as
industrial chemicals for use by professional users or by
the public,
export
notification rules to those applicable to such chemicals

the Community

restricted by

should be

to similar

subject

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In addition, chemicals subject

when they are banned or severely restricted within
either or both of the use categories laid down in the
Convention, namely as pesticides or chemicals for
industrial use.
to the
international PIC procedure should also be subject to
the same rules. This export notification procedure
should apply to Community exports
third
countries, whether or not
they are Parties to the
Convention or participate in its procedures. Member
States should be permitted to charge administrative
fees, in order to cover their costs in carrying out this
procedure.

to all

Exporters and importers should be obliged to provide
information about
in
international trade covered by this Regulation in order
that the impact and effectiveness of the arrangements
laid down therein can be monitored and assessed.

the quantities of chemicals

State

regulatory

Notifications to the Secretariat of the Convention of
Community or Member
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 Convention in this regard. Additional information
to support such notifications should be sought where
necessary.

In cases where Community or Member State regulatory
actions do not qualify for notification because they do
not meet the 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.

import

to the

It is also necessary to ensure that the Community takes
into the
decisions with regard
Community of chemicals
to the
international PIC procedure. These decisions should be
based on applicable Community legislation and take
into account bans or severe restrictions by Member
States. Where justified, modifications of Community
legislation should be prepared.

that are subject

Arrangements are needed to ensure that Member States
and exporters are aware of the decisions of importing
countries as regards chemicals that are subject to the
international PIC procedure, and that exporters comply
with these decisions. Furthermore, in order to prevent
undesired exports, for example because of failures by
importing countries to provide such import decisions
to export notifications, no chemicals
or

to react

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

banned or severely restricted within the Community
that meet the Convention criteria or that are covered
under
the international PIC procedure should be
exported without the explicit consent of the importing
country concerned, whether or not that country is a
Party to the Convention.

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

that

it

Articles containing chemicals do not fall within the
seems
scope of
the Convention. Nevertheless,
that
appropriate that articles containing chemicals
could be released 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 also be subject to
the export notification rules. Furthermore, certain
chemicals and articles containing specific chemicals
falling outside the scope of the Convention but giving
rise to particular concern should not be exported at all.
Decisions as to which chemicals should be subject to
such a strict control should be adopted by the Council
by a qualified majority.

information on
In accordance with the Convention,
transit movements of
to the
subject
international PIC procedure should be provided to
Parties to the Convention requesting such information.

chemicals

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

rules,

States

should

the Member

In order to ensure effective control and enforcement of
the
designate
authorities such as customs authorities that should
have the responsibility of controlling imports and
exports of chemicals covered by this Regulation. The
Commission and the Member States have a key role to
play and should act in a targeted and coordinated way.
Member
appropriate
sanctions in the event of infringements.

provide

should

States

for

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(17)

(18)

(19)

shared

exchange,

responsibility

to the Convention.

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

In particular,

projects

support

for

by

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.

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1).

import and export and by disseminating decisions to Parties
and other countries as appropriate.

2.
The objective of this Regulation is also to ensure that the
provisions of Council Directive 67/548/EEC of 27 June 1967
on the approximation of laws, regulations and administrative
provisions relating to the classification, packaging and labelling
of dangerous substances (2), and of Directive 1999/45/EC of
the European Parliament and of the Council of 31 May 1999
the laws, regulations and
concerning the approximation of
administrative provisions of the Member States relating to the
classification,
dangerous
and
preparations (3), regarding the classification, packaging and
labelling of chemicals dangerous to man or to the environment
when they are placed on the market
in the European
Community shall also apply to all such chemicals when they
are exported from the Member States to other Parties or other
countries, unless these provisions would conflict with any
specific requirements of those Parties or other countries.

packaging

labelling

of

Article 2

Scope

(20)

In the light of the above, Regulation (EEC) No 2455/92
should be repealed and replaced,

1.

This Regulation applies to:

HAVE ADOPTED THIS REGULATION:

Article 1

Objectives

1.

The objectives of this Regulation are:

(a)

(b)

to implement
Informed Consent Procedure
Chemicals and Pesticides in International Trade;

the Rotterdam Convention on the Prior
for Certain Hazardous

to promote shared responsibility and cooperative efforts
in the international movement of hazardous chemicals in
order to protect human health and the environment from
potential harm; and

(c)

to contribute to their environmentally sound use.

They shall be achieved by facilitating information exchange
about the characteristics of such chemicals, by providing for a
decision-making process within the Community on their

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

(a)

certain hazardous chemicals that are subject to the prior
informed consent (PIC) procedure under the Rotterdam
Convention;

(b)

certain hazardous chemicals that are banned or severely
restricted within the Community or a Member State; and

(c)

all chemicals when exported insofar as their classification,
packaging and labelling are concerned.

2.

This Regulation shall not apply to:

(a)

narcotic drugs and psychotropic substances covered by
Council Regulation (EEC) No 3677/90 of 13 December
1990 laying down measures to be taken to discourage the
diversion of certain substances to the illicit manufacture
of narcotic drugs and psychotropic substances (4);

(b)

radioactive materials and substances covered by Council
Directive 96/29/Euratom of 13 May 1996 laying down

(2) OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission

Directive 2001/59/EC (OJ L 225, 21.8.2001, p. 1).

(3) OJ L 200, 30.7.1999, p. 1. Directive as

last amended by

Commission Directive 2001/60/EC (OJ L 226, 22.8.2001, p. 5).
(4) OJ L 357, 20.12.1990, p. 1. Regulation as last amended by
Commission Regulation (EC) No 1232/2002 (OJ L 180, 10.7.2002,
p. 5).

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basic safety standards for the protection of the health of
workers and the general public against the dangers arising
from ionizing radiation (1);

(i)

chemicals in quantities not likely to affect health or the
environment, and in any event not more than 10 kg,
provided that
the purpose of
they are imported for
research or analysis.

(c) wastes covered by Council Directives 75/442/EEC of 15
July 1975 on waste (2) and 91/689/EEC of 12 December
1991 on hazardous waste (3);

Article 3

Definitions

(d)

(e)

(f)

(g)

(h)

chemical weapons covered by Council Regulation (EC) No
1334/2000 of 22 June 2000 setting up a Community
regime for the control of exports of dual-use items and
technology (4);

For the purposes of this Regulation, the following definitions
shall apply:

food and food additives covered by Council Directive
89/397/EEC of 14 June 1989 on the official control of
foodstuffs (5);

down

laying

feedingstuffs covered by Regulation (EC) No 178/2002 of
the European Parliament and of the Council of 28 January
2002
and
requirements of food law, establishing the European Food
Safety Agency and laying down procedures in matters of
food safety (6)
including additives, whether processed,
partially processed or unprocessed,
intended to be used
for oral feeding to animals;

principles

general

the

genetically modified organisms as covered by Directive
2001/18/EC of
the
Council of 12 March 2001 on the deliberate release into
the environment of genetically modified organisms and
repealing Council Directive 90/220/EEC (7);

the European Parliament and of

save to the extent covered by Article 3(4)(b), proprietary
medicinal products and veterinary medicinal products
covered by Directive 2001/83/EC of
the European
Parliament and of the Council of 6 November 2001 on
the Community code relating to medicinal products for
human use (8) and Directive 2001/82/EC of the European
Parliament and of the Council of 6 November 2001 on
the Community code relating to veterinary medicinal
products (9);

1.

2.

3.

(cid:145)chemical(cid:146) means a substance as defined in Directive
67/548/EEC, whether by itself or in a preparation, or a
preparation and whether manufactured or obtained from
nature, but does not include living organisms. It consists
of two categories: pesticides, including severely hazardous
pesticide formulations; and industrial chemicals;

(cid:145)preparation(cid:146) means a mixture or a solution composed of
two or more substances, if the preparation, as defined in
Directive 1999/45/EC, is subject to compulsory labelling
under Community legislation, on account of the presence
of any of those substances;

(cid:145)article(cid:146) means a finished product containing or including
a chemical, the use of which has been banned or severely
restricted by Community legislation in that particular
product;

4.

(cid:145)pesticides(cid:146) means chemicals in either of the following two
subcategories:

(a) pesticides used as plant protection products

as
covered by Council Directive 91/414/EEC of 15 July
1991 concerning the placing of plant protection
products on the market (10);

(b) other pesticides,

such as biocidal products under
Directive 98/8/EC of the European Parliament and of
the Council of 16 February 1998 concerning the
placing of biocidal products on the market (11) and
insecticides and parasiticides
such as disinfectants,
Directive
and
under
2001/83/EC;

2001/82/EC

Directive

(1) OJ L 159, 29.6.1996, p. 1.
(2) OJ L 194, 25.7.1975, p. 39. Directive as

last amended by

Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).
(3) OJ L 377, 31.12.1991, p. 20. Directive as last amended by Council

Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28).

(4) OJ L 159, 30.6.2000, p. 1. Regulation as last amended by Council

Regulation (EC) No 880/2002 (OJ L 139, 29.5.2002, p. 7).

(5) OJ L 186, 30.6.1989, p. 23. Directive as last amended by Council

Directive 93/99/EEC (OJ L 290, 24.11.1993, p. 14).

(6) OJ L 31, 1.2.2002, p. 1.
(7) OJ L 106, 17.4.2001, p. 1. Directive as last amended by Council

Decision 2002/811/EC (OJ L 280, 18.10.2002, p. 27).

(8) OJ L 311, 28.11.2001, p. 67.
(9) OJ L 311, 28.11.2001, p. 1.

5.

(cid:145)industrial chemicals(cid:146) means chemicals in either of
following two subcategories:

the

(a) chemicals for use by professionals;

(b) chemicals for use by the public;

(10) OJ L 230, 19.8.1991, p. 1. Directive as

last amended by
Commission Directive 2002/81/EC (OJ L 276, 12.10.2002, p. 28).

(11) OJ L 123, 24.4.1998, p. 1.

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6.

7.

8.

subject

(cid:145)chemical
to export notification(cid:146) means any
chemical that is banned or severely restricted within the
Community within
or
subcategories, and any chemical that is subject to the PIC
procedure listed in Part 1 of Annex I;

or more

categories

one

(cid:145)chemical qualifying for PIC notification(cid:146) means any
chemical that is banned or severely restricted within the
Community or a Member State within one or more
categories. Chemicals banned or severely restricted in the
Community within one or more categories are listed in
Part 2 of Annex I;

11.

(cid:145)chemical banned or severely restricted by a Member
is banned or severely
State(cid:146) means any chemical
restricted by national regulatory action of a Member State;

that

12.

the
regulatory action(cid:146) means a legislative act,
(cid:145)final
purpose of which is to ban or severely restrict a chemical;

13.

(cid:145)Convention(cid:146) means the Rotterdam Convention of 10
September 1998 on the
Informed Consent
Procedure for Certain Hazardous Chemicals and Pesticides
in International Trade;

Prior

subject

(cid:145)chemical
to the PIC procedure(cid:146) 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;

14.

15.

(cid:145)PIC procedure(cid:146) means
Procedure established by the Convention;

the Prior

Informed Consent

a
(cid:145)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(cid:146) means

9.

(cid:145)banned chemical(cid:146) means:

16.

(cid:145)export(cid:146) means:

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

(b) a chemical

that has been refused approval

for
first-time use or has been withdrawn by industry
either from the Community market or from further
consideration
or
approval process and where there is evidence that the
chemical raises concerns for human health or the
environment;

notification,

registration

in

a

10.

(cid:145)severely restricted chemical(cid:146) means:

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

(b) a chemical that has, for virtually all use, been refused
for approval or been withdrawn by industry either
from further
from the Community market or
consideration
or
approval process, and where there is evidence that the
chemical raises concern for human health or the
environment;

notification,

registration

in

a

(a)

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

(b) the

re-export of

the
conditions referred to in (a) which is placed under a
customs procedure other than transit procedure;

chemical not meeting

a

17.

(cid:145)import(cid:146) means the physical introduction into the customs
territory of the Community of a chemical which is placed
under a customs procedure other than transit procedure;

18.

19.

20.

(cid:145)exporter(cid:146) 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

(cid:145)importer(cid:146) 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

(cid:145)Party to the Convention(cid:146) 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;

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21.

(cid:145)Party(cid:146) means:

(a) a Party to the Convention;

(b) any country which has not ratified the Convention
but which participates in the PIC procedure during a
period to be established by the Conference of Parties;

far as

the participation of

As
the Community in the
Convention is concerned, for the administrative functions of
the Convention with reference to the PIC procedure and the
export notification, the Commission shall act as a common
designated authority on behalf of all the designated national
authorities in close cooperation and consultation with the
designated national authorities of the Member States.

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

Resolution

the

on

by

22.

(cid:145)other country(cid:146) means any country that is not a Party as
defined in point 21;

23.

(cid:145)the Conference of the Parties(cid:146) means the body established
by Article 18 of
the Convention to perform certain
functions linked to implementation of the Convention;

24.

(cid:145)Chemical Review Committee(cid:146) 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
established by the Resolution on interim arrangements;

25.

(cid:145)the Secretariat(cid:146) means the Secretariat of the Convention
or, before its entry into force,
the interim Secretariat
established by the Resolution on interim arrangements;

26.

(cid:145)decision guidance
technical
document prepared by the Chemical Review Committee
for chemicals subject to the PIC procedure.

document(cid:146) means

the

Article 4

Designated national authorities

Each Member State shall designate the authority or authorities,
hereinafter referred to as the (cid:145)designated national authority(cid:146) or
(cid:145)designated national authorities(cid:146), to act for the performance of
the administrative functions required by this Regulation.

inform the Commission of such designation at the
this

entry into force of

three months after

the

It shall
latest
Regulation.

Article 5

Participation of the Community in the Convention

The participation of the Community in the Convention shall
be a joint responsibility of the Commission and the Member
information
technical
States
exchange
settlement,
relating
participation in subsidiary bodies and voting.

for
and matters

assistance,
dispute
to

in particular

In particular,
it shall be responsible for the transmission of
Community export notifications to Parties and other countries
pursuant to Article 7, the submission to the Secretariat of
notifications of relevant final regulatory actions pursuant to
Article 10, the transmission of information about other final
regulatory actions not qualifying for PIC notification in
receiving
accordance with Article 11,
information from the
generally. The
Commission shall also provide the Secretariat with Community
import responses for chemicals subject to the PIC procedure
pursuant to Article 12.

Secretariat more

as well

for

as

In addition, the Commission shall coordinate the Community
input on all technical
issues related to the Convention, the
the Chemical
preparation of the Conference of
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 Parties,

The Commission and the Member States
take the
necessary initiatives to ensure appropriate representation of the
the
Community
Convention.

implementing

various

bodies

shall

the

in

Article 6

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

The

chemicals

1.
this
Regulation relating to export notification, PIC notification and
the PIC procedure respectively shall be as listed in Annex I.

covered by the provisions of

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

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

restriction and, where

appropriate,

of

The chemicals listed in Part 2 shall,
in addition to being
subject to the export notification procedure under Article 7,

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qualify for the PIC notification procedure laid down in Article
10, with detailed information being given on the identity of
the substance and on the use category.

appropriate authority in the importing Party or other country
receives the second notification.

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

The lists

3.
electronic means.

shall be made available to the public by

Article 7

Export Notifications forwarded to Parties and other
countries

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 from which it
becomes subject
the
exporter shall notify the designated national authority of the
Member State in which he is established, no later than 30 days
is due to take place.
before the export of
the chemical
Thereafter the exporter shall notify the first export of
the
to the designated national
chemical
the
authority no later than 15 days before the export of
chemical takes place. The notification shall comply with the
requirements set out in Annex III.

each calendar year

this Regulation,

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 no later than 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
shall be kept available to the public, and
calendar year
the
distributed to the designated national authorities of
Member States as appropriate.

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
notification,
second notification. The
Commission shall make reasonable efforts to ensure that the

submit

shall

it

a

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

4. Where the export of a chemical relates to an emergency
situation in which any delay may endanger public health or
the environment in the importing Party or other country, the
provisions referred to above may be waived wholly or partly at
the discretion of
the
exporting Member State, in consultation with the Commission.

the designated national authority of

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

5.
cease when:

(a)

the chemical has become a chemical subject to the PIC
procedure; and

(b)

the importing country being a Party to the Convention
has provided a response in accordance with Article 10(2)
of the Convention to the Secretariat whether to consent
or not to consent to import 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
for example through its
notification by exporting Parties,
import decision or otherwise.

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

(i)

(ii)

the appropriate authority of the importing Party or other
country has waived the requirement to be notified before
the export of the chemical; and

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

the

The Commission,

relevant designated national
6.
authorities of
the Member States and the exporters shall
provide importing Parties and other countries with available
additional
information on the exported chemicals, when
requested.

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7. Member States may establish systems obliging the
each export
exporter
notification made, corresponding to their costs in carrying out
the procedures associated with this Article.

to pay an administrative

for

fee

Article 8

Export notifications received from Parties and other
countries

1.
Export notifications received by the Commission from
the designated national authority of a Party or another country
concerning the export to the Community of a chemical the
manufacture, use, handling, consumption, transport and/or sale
of which is subject to prohibition or severe restriction under
that Party’s or other country’s
legislation shall be made
available by electronic means through the database maintained
by the Commission.

The Commission shall acknowledge receipt of the first export
notification received for each chemical
from each Party or
other country.

the Member State
The designated national authority of
receiving that import shall receive a copy of any notification
received together with all available information. Other Member
States shall be entitled to receive copies on request.

Should the designated national authorities of the Member
2.
States
receive any export notifications either directly or
indirectly from the designated national authorities of Parties or
relevant authorities of other countries, they shall immediately
forward these notifications to the Commission together with
all available information.

Article 9

Information on trade in chemicals

3.
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
and shall make
information publicly available on its database via the Internet.

level

Article 10

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

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

As

qualify

chemicals

and when further

PIC
2.
for
notification and are added to Part 2 of Annex I,
the
Commission shall notify the Secretariat. The notification shall
be submitted as soon as possible after adoption of the relevant
severely
final Community regulatory action banning or
restricting the chemical, and no later than 90 days after the
date on which the final regulatory action is required to be
applied.

The notification shall provide all
required in Annex II.

relevant

information as

In

for

determining

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

notifications,

for PIC notification, but

the
When a chemical qualifies
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
international
including that
them,
chemical control programmes.

from other national or

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
(as a substance and as contained in preparations)
chemical
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 period.

4.
The Commission shall notify the Secretariat in writing
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 is required to be
applied.

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

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.

2.
Upon request from the Commission or the designated
national authority, the exporter or importer shall provide any
additional information relating to chemicals that is necessary
to implement this Regulation.

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

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L 63/9

Member States shall, upon request, assist the Commission as
necessary in compiling the information.

The Commission shall

6.
forward immediately to the
Member States information that it receives from the Secretariat
regarding chemicals notified as banned or severely restricted by
other Parties.

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

7.
In cases where a Member State takes national regulatory
action in accordance with the relevant Community legislation
to ban or severely restrict a chemical,
it shall provide the
Commission with relevant information. The Commission shall
make this information available to the Member States. Within
four weeks Member States may send comments on a possible
including in particular relevant information
PIC notification,
about
the
chemical, to the Commission and the Member State, which
submitted a national regulatory action. After consideration of
the comments
the
Commission whether the latter shall:

their national regulatory position in respect of

the submitting Member State informs

(cid:151) notify the Secretariat, pursuant to this Article, or

(cid:151) provide the information to the Secretariat, pursuant to

Article 11.

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 Part 1 of Annex I or
following receipt of information from a Member State for the
purposes of Article 10(7), second indent, the Commission shall
provide the Secretariat with information about the relevant
regulatory
be
disseminated to other Parties to the Convention as appropriate.

information

actions,

that

this

can

so

Article 12

Obligations in relation to imports of chemicals

The Commission shall

forward immediately to the
1.
Member States decision guidance documents which it receives
from the Secretariat. The Commission shall take an import
decision, in the form of a final or interim import response on
behalf of the Community, concerning the future import into
the Community of the chemical concerned: it shall do so in

referred to in Article 24(2).

accordance with existing Community legislation and the
then
procedure
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 Secretariat.

shall

It

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.

2.
In the case of a chemical banned or severely restricted by
the legislation of one or more Member States, the Commission
shall, at the written request of the Member State(s) concerned,
take the information into account in its import decision.

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

the chemical

specified for

3.
category or categories
decision guidance document.

4. When communicating the
import decision to the
Secretariat, the Commission shall provide a description of the
legislative or administrative measure upon which it is based.

Each

designated

5.
the
national
Community shall make the import decisions under paragraph
1 available to those concerned within its competence,
in
accordance with its legislative or administrative measures.

authority within

the Commission shall evaluate,

6. Where appropriate,
in
close cooperation with the Member States, the need to propose
to prevent any
measures at Community level
unacceptable risks for human health and the environment
within the Community, taking into account the information
contained in the decision guidance document.

in order

Article 13

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

receives, whether

The Commission shall

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

2.
For each chemical listed in Annex I the Commission shall
assign a classification in the European Community’s Combined

L 63/10

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Official Journal of the European Union

6.3.2003

Nomenclature. These
revised as
classifications
necessary in the light of any changes made by the World
Customs Organisation
System
nomenclature for the chemicals concerned.

Harmonised

shall be

the

to

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

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

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 import of a given chemical.

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

6.
be exported unless:

(a)

(b)

explicit consent
to the import has been sought and
received by the exporter through his designated national
the
authority and the designated national authority of
importing Party or an appropriate authority in an
importing other country; or

in the case of chemicals listed in Part 3 of Annex I, the
latest circular
to
paragraph 1 indicates that the importing Party has given
consent to import.

issued by the Secretariat pursuant

7.
No chemical shall be exported later than six months
before the expiry date, when such a date exists or can be
inferred from the production date, unless
intrinsic
In
the chemical
properties of
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

label

specific

contains

8. When exporting pesticides, exporters shall ensure that
the
storage
conditions and storage stability under the climatic conditions
of the importing Party or other country. In addition, they shall
ensure that the exported pesticides comply with the purity
specification established by Community legislation.

information

about

Article 14

Controls on export of certain chemicals and articles
containing chemicals

2.
Chemicals and articles the use of which is prohibited in
the Community for the protection of human health or the
environment, as listed in Annex V, shall not be exported.

Article 15

Information on transit movements

Parties

1.
to the Convention requiring information on
transit movements of chemicals subject to the PIC procedure,
together with the information requested by each Party to the
Convention through the Secretariat, shall be as listed in Annex
VI.

listed in Part 3 of Annex I

2. When a chemical
is
transported through the territory of a Party to the Convention
listed in Annex VI, the exporter shall, as far as practicable,
provide the designated 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 no later
than 30 days before the first transit takes place and no later
than eight days before each subsequent transit movement.

The designated national authority of the Member State
3.
shall
forward to the Commission the information received
from the exporter under paragraph 2 together with any
available additional information.

4.
The Commission shall forward the information received
under paragraph 3 to the designated national authorities of
Parties to the Convention which requested such information,
together with any available additional
information, no later
than 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
pursuant
to, Directive 67/548/EEC, Directive 1999/45/EC,
Directive 91/414/EEC and Directive 98/8/EC, or any other
specific Community legislation. This obligation shall be
without prejudice
the
importing Party or other country taking into account relevant
international standards.

to any specific

requirements of

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

1.
Annex I
notification procedure laid down in Article 7.

in unreacted form shall be subject

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.

6.3.2003

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L 63/11

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

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

(a)

(b)

the provision of publicly available
regulatory actions
Convention; and

relevant

to the objectives of

information on
the

information to Parties

the provision of
and other
countries directly or through the Secretariat on those
actions which substantially restrict one or more uses of a
chemical.

Obligations of the authorities of the Member States for
controlling import and export

The Commission and the Member States shall protect
information received from another Party or

2.
any confidential
another country as mutually agreed.

Each Member State shall designate authorities such as customs
authorities that shall have the responsibility of controlling the
import and export of chemicals listed in Annex I.

The Commission and the Member States shall act in a targeted
and coordinated way in controlling compliance of exporters
with this Regulation.

and without prejudice

As regards the transmission of information under this
3.
Regulation,
to Council Directive
90/313/EEC of 7 June 1990 on the freedom of access to
information on the environment (2), the following shall not be
regarded as confidential:

(a)

the information specified in Annex II and Annex III;

regular
in its
Each Member State shall,
operation of procedures pursuant
to Article 21(1),
details of the activities of its authorities in this regard.

reports on the
include

(b)

the information contained in safety data sheets referred to
in paragraph 3 of Article 16;

Article 18

Penalties

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 12 months after the adoption of
this Regulation and shall also notify any further modifications
as soon as possible after their adoption.

Article 19

Information exchange

The Commission and the Member States
facilitate the provision of scientific,

shall, as
1.
technical,
appropriate,
economic and legal information concerning chemicals subject
to this Regulation, including toxicological, ecotoxicological and
safety information.

(1) Commission Directive 91/155/EEC of 5 March 1991 defining and
laying down detailed arrangements for the system of specific
information relating to dangerous preparations in implementation
of Article 10 of Council Directive 88/379/EEC (OJ L 76,
22.3.1991, p. 35). Directive as
last amended by Directive
2001/58/EC (OJ L 212, 7.8.2001, p. 24).

(c)

the expiry date of the chemical;

(d)

the production date of the chemical;

(e)

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

(f)

summary
the
ecotoxicological tests.

results

of

the

toxicological

and

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

Article 20

Technical assistance

taking into account

The Commission and the designated national authorities of the
Member States shall,
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.

cooperate

technical

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

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Official Journal of the European Union

6.3.2003

the Convention,

technical assistance

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

or maintenance

designated

of

should 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
in
financing to improve
in
developing
transition.

the management of
chemicals
and countries with economies

countries

chemicals(cid:146). If the regulatory action bans or severely restricts a
chemical in any one of the subcategories 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 (cid:145)pesticides(cid:146) and (cid:145)industrial chemicals(cid:146).
If the regulatory action bans or severely restricts the use of a
chemical within either of
shall also be
included in Part 2 of Annex I.

the categories

it

The Commission shall

3.
chemicals
appropriate, without undue delay.

in Annex I, or

take

a decision to include
to modify their entry where

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

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

Article 21

Monitoring and reporting

All

other

amendments

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

to Annex

I,

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

Article 23

Technical notes for guidance

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.

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 Union.

As

the

regards

3.
to
paragraphs 1 and 2, the Member States and the Commission
shall
the
confidentiality of data and ownership.

comply with relevant obligations

information supplied pursuant

to protect

Article 24

Committee

Article 22

Updating Annexes

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, Articles 3
and 7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

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

3. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

2.
In determining whether a final regulatory action under
Community legislation constitutes a ban or a severe restriction,
the effect of the action shall be assessed at the level of the
subcategories within the categories (cid:145)pesticides(cid:146) and (cid:145)industrial

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

4.

The Committee shall adopt its rules of procedure.

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Article 25

Repeal

Article 26

Entry into force

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

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

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

Done at Brussels, 28 January 2003.

For the European Parliament

The President

P. COX

For the Council

The President

G. PAPANDREOU

L 63/14

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Official Journal of the European Union

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ANNEX I

PART 1 List of chemicals subject to export notification procedure

(Article 7 of this Regulation)

It should be noted that where chemicals listed in this part of the Annex are subject to the PIC procedure, the export
notification obligations set out in Article 7(1) to (3) of the Regulation shall not apply provided that the conditions laid
down in Article 7(5)(b) and (c) have been fulfilled. Such chemicals, which are identified by the symbol # in the list
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

Einecs No

CN

Sub-
category (*)

Use limi-
tation (**)

Countries for which no
notification is required

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-Naphthylamine 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

b

b

b
b

b
b

b
b

b
b

sr

P(1)
i(2)

i(1)
i(2)

i(1)
i(2)

i(1)
i(2)

p(2)

Arsenic compounds

Asbestos Fibres+:

Crocidolite#

Amosite

Antophyllite

Actinolite

Tremolite

Chrysotile

12001-28-4

310-127-6

2524 00

i(1) (cid:151) i(2) b (cid:151) b

12172-73-5

77536-67-5

77536-66-4

77536-68-6

2524 00

i(1) (cid:151) i(2) b (cid:151) b

2524 00

i(1) (cid:151) i(2) b (cid:151) b

2524 00

i(1) (cid:151) i(2) b (cid:151) b

2524 00

i(1) (cid:151) i(2) b (cid:151) b

132207-32-0

2524 00

i(1) (cid:151) i(2) b (cid:151) 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/

Azinphos-ethyl

2642-71-9

220-147-6

2933 90 95

p(1)

Benzene (1)

71-43-2

200-753-7

2902 20

i(2)

b

sr

Benzidine and its salts+
Benzidine derivatives+

92-87-5
(cid:151)

202-199-1
(cid:151)

2921 59 90

i(1) (cid:151) i(2)
i(2)

sr (cid:151) b
b

Binapacryl#

485-31-4

207-612-9

2916 19 80

p(1)
i(2)

b
b

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

6.3.2003

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Official Journal of the European Union

L 63/15

Chemical

CAS No

Einecs No

CN

Sub-
category (*)

Use limi-
tation (**)

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

Captafol#

2425-06-1

219-363-3

2930 90 70

p(1) (cid:150) p(2) b-b

Carbon tetrachloride

56-23-5

200-262-8

2903 14 00

i(2)

b

Chlordimeform#

6164-98-3

228-200-5

2925 20 00

Chlorfenapyr+

122453-73-0

2933 99 90

p(1)

b

Chlorobenzilate#

510-15-6

208-110-2

2918 19 80

Chloroform

67-66-3

200-663-8

2903 13 00

i(2)

Chlozolinate+

84332-86-5

282-714-4

2934 99 90

p(1)

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/

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

i(2)

b

9

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

Cyhalothrine

68085-85-8

268-450-2

2926 90 95

p(1)

DBB(Di-(cid:181)-oxo-di-n-
butylstannio-hydroxyborane)

75113-37-0

401-040-5

2931 00 95

i(1)

Dicofol containing < 78 %
p,p’-Dicofol or 1 g/kg of
DDT and DDT-related
compounds+

115-32-2

204-082-0

2906 29 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)

DNOC+

534-52-1

208-601-1

2908 90 00

p(1)

Ethylene oxide (Oxirane)#

75-21-8

200-849-9

2910 10 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/

L 63/16

EN

Official Journal of the European Union

6.3.2003

Chemical

CAS No

Einecs No

CN

Sub-
category (*)

Use limi-
tation (**)

Countries for which no
notification is required

Fentin acetate

900-95-8

212-984-0

2931 00 95

p(1)

Fentin hydroxide

76-87-9

200-990-0

2931 00 95

p(1)

Fenvalerate

51630-58-1

257-326-3

2926 90 95

p(1)

Ferbam

14484-64-1

238-484-2

2930 20 00

p(1)

b

b

b

b

Fluoroacetamide#

640-19-7

211-363-1

2924 19 00

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

608-73-1

210-168-9

2903 51 00

p(1)

b

sr

b

b

Hexachloroethane

67-72-1

200-666-4

2903 19 90

i(1)

Lindane (c-HCH)#

58-89-9

200-401-2

2903 51 10

p(1)

123-33-1

204-619-9

2933 99 90

p(1)

51542-52-0

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

(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

Mercury compounds#

(cid:151)

10112-91-1,
21908-53-2
and others

p(1) (cid:150) p(2) b (cid:151) sr

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)#

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

10265-92-6

233-606-0

3808 10 40

298-00-0

206-050-1

3808 10 40

6923-22-4

230-042-7

3808 10 40
3808 90 90

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/

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

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

6.3.2003

EN

Official Journal of the European Union

L 63/17

Chemical

CAS No

Einecs No

CN

Sub-
category (*)

Use limi-
tation (**)

Countries for which no
notification is required

Monolinuron

1746-81-2

217-129-5

2928 00 90

p(1)

99688-47-8

401-210-1

2903 69 90

i(1)

b

b

Monomethyl-dibromo-
diphenyl methane; Trade
name: DBBT+

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

Monomethyl-Tetrachloro-
diphenyl methane; Trade
name: Ugilec 141 +

(cid:151)

400-140-6

2903 69 90

i(1) (cid:151) i(2) b (cid:151) b

76253-60-6

278-404-3

2903 69 90

i(1) (cid:151) i(2) b (cid:151) 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/

Nitrofen+

1836-75-5

217-406-0

2909 30 90

p(1)

Parathion#+

56-38-2

200-271-7

2920 10 00

p(1)

b

b

Pentachlorophenol#

87-86-5

201-778-6

2908 10 00

Permethrin

52645-53-1

258-067-9

2916 20 00

p(1)

b

236-116-5

3808 10 40
3808 90 90

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

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

Polybrominated biphenyls
(PBB)#

(cid:151)

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

2903 69 90

i(1)

sr

Polychlorinated terphenyls
(PCT)#

61788-33-8

262-968-2

2903 69 90

i(1)

Propham

122-42-9

204-542-0

2924 29 95

p(1)

Pyrazophos+

13457-18-6

236-656-1

2933 59 95

p(1)

Quintozene+

82-68-8

201-435-0

2904 90 85

p(1)

Tecnazene+

117-18-0

204-178-2

2904 90 85

p(1)

Triorganostannic compounds (cid:151)

(cid:151)

2931 00 95

p(2)
i(2)

b

b

b

b

b

sr
sr

L 63/18

EN

Official Journal of the European Union

6.3.2003

Chemical

CAS No

Einecs No

CN

Sub-
category (*)

Use limi-
tation (**)

Countries for which no
notification is required

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 90 90

i(1)

Zineb

12122-67-7

235-180-1

3824 90 99

p(1)

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

sr

sr

b

(*) Subcategory: p(1) (cid:151) pesticide in the group of plant protection products, p(2) (cid:151) other pesticide including biocides. i(1) (cid:151) industrial

chemical for professional use and i(2) (cid:151) industrial chemical for public use.

(**) Use limitation: sr (cid:151) severe restriction, b (cid:151) ban (for the subcategory or subcategories concerned) according to Community

legislation.

(1) Except motor fuels subject to Directive 98/70/EC of the European Parliament and of the Council (OJ L 350, 28.12.1998, p. 58).
CAS = Chemical Abstracts Service.
# Chemical subject or partially subject to the PIC procedure.
+ Chemical qualifying for PIC notification.

PART 2 List of chemicals qualifying for PIC notification

(Article 10 of this Regulation)

This list comprises chemicals qualifying for PIC notification. It generally does not include chemicals that are already
subject to the PIC procedure, which are listed in Part 3 of this Annex.

Chemical

CAS No

Einecs No

CN Code

Category (*)

Use limitation (**)

2-Naphthylamine and its salts

91-59-8
and others

202-080-4
and others

2921 45 00

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

Asbestos Fibres:

Crocidolite#

Amosite

Antophyllite

Actinolite

Tremolite

Chrysotile

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

Benzidine and its salts
Benzidine derivatives

912-87-5
(cid:151)

202-199-1
(cid:151)

2921 59 90

Chlorfenapyr

Chlozolinate

Dicofol containing < 78 %
p,p’-Dicofol or 1 g/kg of DDT and
DDT related compounds

122453-73-0

84332-86-5

282-714-4

2934 90 96

115-32-3

204-082-0

2906 29 00

Dinoterb

DNOC

Endrin

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

I

I

i

i

i

i

i

i

i

i

p

p

p

p

p

p

b

b

b

b

b

b

b

b

b

sr

sr

b

sr

b

b

b

6.3.2003

EN

Official Journal of the European Union

L 63/19

Chemical

CAS No

Einecs No

CN Code

Category (*)

Use limitation (**)

Fentin acetate

900-95-8

212-984-0

2931 00 95

Fentin hydroxide

76-87-9

200-990-0

2931 00 95

Monomethyl-dibromo-diphenyl
methane; Trade name: DBBT

99688-47-8

401-210-1

2903 69 90

Monomethyl-Dichloro-Diphenyl
methane; Trade name: Ugilec 121
or Ugilec 21

(cid:151)

400-140-6

2903 69 90

Monomethyl-Tetrachlorodiphenyl
methane; Trade name: Ugilec 141

76253-60-6

278-404-3

2903 69 90

Nitrofen

Parathion#

Pyrazophos

Quintozene

Tecnazene

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

(*) Category: p (cid:151) pesticides i (cid:151) industrial chemical.
(**) Use limitation: sr (cid:151) severe restriction, b (cid:151) ban (for the category or categories concerned).
CAS = Chemical Abstracts Service.
# Chemical subject or partially subject to the international PIC procedure.

p

p

i

i

i

p

p

p

p

p

b

b

b

b

b

b

sr

b

b

sr

PART 3 List of chemicals subject to the PIC procedure under the Rotterdam Convention

(Articles 12 and 13 of this Regulation)

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

Chemical

Relevant CAS number(s)

Category

2,4,5-T

Aldrin (*)

Binapacryl

Captafol

Chlordane (*)

Chlordimeform

Chlorobenzilate

DDT (*)

Dieldrin (*)

Dinoseb and dinoseb salts

1,2-dibromoethane (EDB)

Ethylene dichloride

Ethylene oxide

Fluoroacetamide

93-76-5

309-00-2

485-31-4

2425-06-1

57-74-9

6164-98-3

510-15-6

50-29-3

60-57-1

88-85-7

106-93-4

107-06-2

75-21-8

640-19-7

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

L 63/20

EN

Official Journal of the European Union

6.3.2003

Chemical

Relevant CAS number(s)

Category

HCH (mixed isomers)

Heptachlor (*)

Hexachlorobenzene (*)

Lindane

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

Pentachlorophenol

Toxaphene (*)

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

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

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

Parathion (all formulations (cid:151) aerosols, dustable powder
(DP), emulsifiable concentrate (Einecs), granules (GR) and
wettable powders (WP) (cid:151) of this substance are included,
except capsule suspensions (CS))

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

Crocidolite

Polybrominated biphenyls (PBB)

Polychlorinated biphenyls (PCB) (*)

Polychlorinated terphenyls (PCT)

Tris (2,3-dibromopropyl) phosphate

608-73-1

76-44-8

118-74-1

58-89-9

87-86-5

8001-35-2

10265-92-6

298-00-0

6923-22-4

56-38-2

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Severely hazardous pesticide
formulation

Severely hazardous pesticide
formulation

Severely hazardous pesticide
formulation

Severely hazardous pesticide
formulation

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

Severely hazardous pesticide
formulation

12001-28-4

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

1336-36-3

61788-33-8

126-72-7

Industrial

Industrial

Industrial

Industrial

Industrial

(*) These substances are subject to an export ban in accordance with the provisions of Article 14(2) of and Annex V to this Regulation.

6.3.2003

EN

Official Journal of the European Union

L 63/21

ANNEX II

Notification of a banned or severely restricted chemical to the Secretariat of the Convention

Information requirements for notifications pursuant to Article 10 of this Regulation

Notifications shall include:

1. properties, identification and uses

(a) common name;

(b) chemical name according to an internationally recognised nomenclature (for example International Union of

Pure and Applied Chemistry (IUPAC)), where such nomenclature exists;

(c)

trade names and names of preparations;

(d) code numbers: Chemicals Abstract Service (CAS) number, Harmonised System Customs Code and other

numbers;

(e)

information on hazard classification, where the chemical is subject to classification requirements;

(f) use or uses of the chemical:

in the European Union

elsewhere (if known);

(g)

the physico-chemical, toxicological and ecotoxicological properties;

2.

final regulatory action

(a)

information specific to the final regulatory action:

(i)

summary of the final regulatory action;

(ii)

reference to the regulatory document;

(iii) date of entry into force of the final regulatory action;

(iv)

indication of whether the final regulatory action was taken on the basis of a risk or hazard evaluation and,
if so, information on such an evaluation, covering a reference to the relevant documentation;

(v)

reasons for the final regulatory action relevant to human health, including the health of consumers and
workers, or the environment;

(vi) summary of the hazards and risks presented by the chemical to human health, including the health of

consumers and workers, or the environment and the expected effect of the final regulatory action;

(b) category or categories where the final regulatory action has been taken, and for 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;

L 63/22

EN

Official Journal of the European Union

6.3.2003

(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:

(cid:151) integrated pest management strategies,

(cid:151) industrial practices and processes, including cleaner technology.

6.3.2003

EN

Official Journal of the European Union

L 63/23

ANNEX III

Export notification

Information required pursuant to Article 7 of this Regulation

1.

Identity of the substance to be exported:

(a) name in nomenclature of the International Union of Pure and Applied Chemistry;

(b) other names (usual names, trade names, and abbreviations);

(c) Einecs number and CAS number;

(d) CUS number and Combined Nomenclature Code;

(e) main impurities of the substance, when particularly relevant.

2.

Identity of the preparation to be exported:

(a)

trade name or designation of the preparation;

(b)

for 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) 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) 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.

Summary on physico-chemical, toxicological and ecotoxicological properties.

7. Use of the chemical in the European Union:

(a) uses, category(ies) under the Rotterdam Convention and Community subcategory(ies) subject

to control

measure (ban or severe restriction);

(b) uses for which the chemical is not severely restricted or banned

(use categories and subcategories as defined in Annex I of the 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 point 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

L 63/24

EN

Official Journal of the European Union

6.3.2003

ANNEX IV

Information to be provided by the designated national authorities of the Member States to the Commission in
accordance with Article 9 of this Regulation

1.

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

(a) Year in which exports took place

(b) Table summarising quantities of exported chemicals (in the form of substances and preparations) as outlined

Chemical

Importing Country

Quantity

below.

(cid:133)

(cid:133)

(cid:133)

2.

List of importers

Chemical

Importing Country

Importer or importing
company

Address and other relevant
particulars of the importer or
the importing company

6.3.2003

EN

Official Journal of the European Union

L 63/25

ANNEX V

Chemicals and articles subject to export ban

(Article 14 of this Regulation)

Description of chemicals/article(s) subject to export ban

Additional details, where relevant (e.g. name of chemical, EC No,
CAS No etc.)

Cosmetic soaps containing mercury

CN Nos 3401 11 00, 3401 19 00, 3401 20 10,
3401 20 90, 3401 30 00

Persistent organic pollutants as listed in Annexes A and
B of the Stockholm Convention on Persistent Organic
Pollutants according to the provisions therein

Aldrin

Chlordane

Dieldrin

EC No 206-215-8,
CAS No 309-00-2,
CN No 2903 59 90

EC No 200-349-0,
CAS No 57-74-9,
CN No 2903 59 90

EC No 200-484-5,
CAS No 60-57-1,
CN No 2910 90 00

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

EC No 200-024-3,
CAS No 50-29-3,
CN No 2903 62 00

Endrin

Heptachlor

Hexachlorobenzene

Mirex

Toxaphene (camphechlor)

EC No 200-775-7,
CAS No 72-20-8,
CN No 2910 90 00

EC No 200-962-3,
CAS No 76-44-8,
CN No 2903 59 90

EC No 200-273-9,
CAS No 118-74-1,
CN No 2903 62 00

EC No 219-196-6,
CAS No 2385-85-5,
CN No 2903 59 90

EC No 232-283-3,
CAS No 8001-35-2,
CN No 3808 10 20

Polychlorinated biphenyls
(PCBs)

EC No 215-648-1
and others, CAS No
1336-36-3 and others,
CN No 2903 69 90

L 63/26

EN

Official Journal of the European Union

6.3.2003

List of Parties to the Convention requiring information on transit movements of chemicals subject to the PIC
procedure

ANNEX VI

(Article 15 of this Regulation)

Country

Required Information