Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals
Date: 2008-06-17
Institutions: European Parliament
Subjects: chemical product, dangerous substance, export (EU), import (EU)

31.7.2008

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I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

REGULATION (EC) No 689/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 June 2008

concerning the export and import of dangerous chemicals

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(2)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 133 and 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

(3)

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

In its judgment of 10 January 2006 in Case C-178/03
(Commission v Parliament and Council) (6), the Court of Justice
of the European Communities annulled Regulation (EC)
No 304/2003 as it was based solely on Article 175(1) of
the Treaty, ruling that both Articles 133 and 175(1) were
the appropriate legal bases. However the Court also ruled
that the effects of the Regulation were to be maintained
until the adoption, within a reasonable period, of a new
Regulation founded on appropriate legal bases. That also
implies that obligations that were already fulfilled under
Regulation (EC) No 304/2003 do not need to be
accomplished again.

In accordance with Regulation (EC) No 304/2003, the
to the European
Commission has submitted a report
Parliament and the Council on the operation of Regulation
(EC) No 304/2003 from 2003 to 2005. Overall
the
procedures have worked well. However, the report identifies
a number of
technical amendments that appear to be
necessary. It is therefore appropriate to incorporate those
elements in this Regulation.

(1) Regulation (EC) No 304/2003 of the European Parliament
and of the Council of 28 January 2003 concerning the
export and import of dangerous chemicals (3) implemented
the Rotterdam Convention on the prior informed consent
procedure for certain hazardous chemicals and pesticides in
international trade (4), hereinafter ‘the Convention’, which
entered into force on 24 February 2004, and replaced
Council Regulation (EEC) No 2455/92 of 23 July 1992
concerning the export and import of certain dangerous
chemicals (5).

(1) OJ C 175, 27.7.2007, p. 40.
(2) Opinion of the European Parliament of 15 January 2008 (not yet
published in the Official Journal) and Council Decision of 5 June
2008.

(3) OJ L 63, 6.3.2003, p. 1. Regulation as last amended by Commission
Regulation (EC) No 1376/2007 (OJ L 307, 24.11.2007, p. 14).

(4) OJ L 63, 6.3.2003, p. 29.
(5) 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).

(4)

than that called for

The Convention allows Parties the right to take action that
is more stringently protective of human health and the
environment
in the Convention,
provided that such action is consistent with the provisions
of the Convention and is in accordance with international
law. It is necessary and appropriate, in order not to weaken
the level of protection afforded to the environment and to
the general public of importing countries under Regulation
(EEC) No 2455/92, to go further than the provisions of the
Convention in certain respects.

(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 that contact point.

(6) ECR [2006], I-107.

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(6)

Exports of dangerous chemicals that are banned or severely
restricted within the Community should continue to be
subject
to a common export notification procedure.
Accordingly, dangerous chemicals, whether in the form of
substances on their own or in preparations or in articles,
which have been banned or severely restricted by the
Community as plant protection products, as other forms of
pesticides, or as industrial chemicals for use by professional
users or by the public, should be subject
to export
notification rules similar
to those applicable to such
chemicals when they are banned or severely restricted
within either or both of the use categories laid down in the
Convention, namely as pesticides or chemicals for industrial
use. In addition, chemicals subject to the international prior
informed consent (PIC) procedure should also be subject to
the same rules. This export notification procedure should
apply to Community exports to all third countries, whether
or not they are Parties to the Convention or participate in
its procedures. Member States should be permitted to
charge administrative fees, in order to cover their costs in
carrying out this procedure.

(7)

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

(8) Notifications to the Secretariat of

the Convention of
Community or Member State final
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 Convention in
this
such
notifications should be sought where necessary.

information to support

regard. Additional

(9)

In cases where Community or Member State
final
regulatory actions do not qualify for notification because
they do not meet the criteria, information concerning the
actions should nevertheless be conveyed to the Convention
Secretariat and other Parties to the Convention in the
interests of information exchange.

(10)

that are subject

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

to the

as regards chemicals that are subject to the international PIC
procedure, and that exporters comply with those decisions.
Furthermore,
in order to prevent undesired exports, no
chemicals banned or severely restricted within the Com-
munity that meet
the Convention criteria or that are
covered under the international PIC procedure should be
exported unless the explicit consent of
the importing
country concerned has been sought and obtained, whether
or not that country is a Party to the Convention. At the
same time, a waiver from this obligation is appropriate in
relation to exports of certain chemicals to countries that are
members of the Organisation for Economic Cooperation
and Development (OECD) provided that certain conditions
are met. Furthermore a procedure is needed to deal with
cases in which, despite all reasonable efforts, no response is
obtained from the importing country, so that exports of
certain chemicals may proceed on a temporary basis under
specified conditions. It is also necessary to provide for
periodic review of all such cases as well as those in which
explicit consent is obtained.

(12) The database established by the Commission is an
important tool which should underpin the application of
this Regulation and its control.

(13)

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

(14) Articles containing chemicals do not fall within the scope
of the Convention. Nevertheless, it seems appropriate that
articles containing chemicals that could be released under
certain 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.

(15)

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

(11) Arrangements are needed to ensure that Member States and
exporters are aware of the decisions of importing countries

(16) 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

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unless those provisions would conflict with any specific
requirements of
taking into account
relevant international standards.

those countries,

(17)

In order to ensure effective control and enforcement of the
rules, Member States should 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 States
should provide for
appropriate sanctions in the event of infringements. To
facilitate customs control, and to reduce the administrative
burden for both exporters and authorities, a system of
codes confirming compliance with the rules to be used in
export declarations should be established. In order to allow
all parties time to become accustomed to this system before
it becomes mandatory a short transitional period should be
provided for.

including modifications

and of the Council of 29 April 2004 on persistent organic
pollutants (2) in Part 1 of Annex V, measures to amend
to existing entries,
Annex I,
measures to include a chemical already subject
to an
export ban at Community level
in Part 2 of Annex V,
measures to amend Annexes II, III, IV and VI, and measures
to modify existing entries in Annex V. Since those measures
are of general scope and are designed to amend non-
essential elements of this Regulation, they must be adopted
in accordance with the regulatory procedure with scrutiny
provided for in Article 5a of Decision 1999/468/EC,

HAVE ADOPTED THIS REGULATION:

Article 1

Objectives

1. The objectives of this Regulation are the following:

(18)

Information exchange, shared responsibility and coopera-
tive efforts between the Community and the Member States
and third countries should be promoted with a view to
ensuring sound management of chemicals, whether or not
those third countries are Parties to the Convention. In
particular, 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
organisations, especially assistance seeking to enable those
countries to implement the Convention.

(a)

(b)

the Rotterdam Convention on the Prior
to implement
Informed Consent Procedure
for Certain Hazardous
Chemicals and Pesticides in International Trade, hereinafter
‘the Convention’;

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;

(19) 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 should in turn regularly report to the European
Parliament and the Council.

(20) Technical notes for guidance should be drawn up to assist
including such authorities as
this
in the application of

the competent authorities,
customs controlling exports,
Regulation.

(21) 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
implementing powers
the exercise of
conferred on the Commission (1).

for

(22)

In particular the Commission should be empowered to
adopt measures to include a chemical in Parts 1 or 2 of
Annex I following final regulatory action at Community
level, measures to include a chemical that is subject to
Regulation (EC) No 850/2004 of the European Parliament

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(c)

to contribute to the environmentally sound use of
hazardous chemicals.

The objectives referred to in the first subparagraph shall be
achieved by facilitating the exchange of information concerning
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.

In addition to the objectives referred to in paragraph 1, this
2.
Regulation shall ensure that the provisions of Council Directive
67/548/EEC (3) and of Directive 1999/45/EC of the European
Parliament and of the Council (4) regarding the classification,

(2) OJ L 158, 30.4.2004, p. 7. Regulation as last amended by
Commission Regulation (EC) No 323/2007 (OJ L 85, 27.3.2007,
p. 3).

(3) Council Directive 67/548/EEC of 27 June 1967 on the approxima-
tion of laws, regulations and administrative provisions relating to the
classification, packaging and labelling of dangerous substances (OJ
196, 16.8.1967, p. 1). Directive as last amended by Directive 2006/
121/EC of the European Parliament and of the Council (OJ L 396,
30.12.2006, p. 850). Corrected version in OJ L 136, 29.5.2007,
p. 281.

(4) Directive 1999/45/EC of

the European Parliament and of

the
Council of 31 May 1999 concerning the approximation of the laws,
regulations and administrative provisions of
the Member States
relating to the classification, packaging and labelling of dangerous
preparations (OJ L 200, 30.7.1999, p. 1). Directive as last amended
by Regulation (EC) No 1907/2006 (OJ L 396, 30.12.2006, p. 1).
Corrected version in OJ L 136, 29.5.2007, p. 3.

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packaging and labelling of chemicals dangerous to man or to the
environment when they are placed on the market
in the
Community also apply to all such chemicals when they are
exported from the Member States to other Parties or other
countries, unless those provisions would conflict with any
specific requirements of those Parties or other countries.

Article 2

Scope

1. This Regulation shall apply to the following:

(a)

certain hazardous chemicals that are subject to the prior
informed consent procedure under the Convention, here-
inafter ‘the PIC procedure’;

(b)

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

(c)

chemicals when exported in so far as their classification,
packaging and labelling are concerned.

2. This Regulation shall not apply to any of the following:

(a)

(b)

narcotic drugs and psychotropic substances covered by
Council Regulation (EC) No 111/2005 of 22 December
trade
2004 laying down rules for the monitoring of
between the Community and third countries in drug
precursors (1);

radioactive materials and substances covered by Council
Directive 96/29/Euratom of 13 May 1996 laying down
basic safety standards for the protection of the health of
workers and the general public against the dangers arising
from ionizing radiation (2);

(f)

(g)

(h)

ensure the verification of compliance with feed and food
law, animal health and animal welfare rules (6);

feedingstuffs covered by Regulation (EC) No 178/2002 of
the European Parliament and of the Council of 28 January
2002 laying down the general principles and requirements
of
food law, establishing the European Food Safety
Authority and laying down procedures in matters of food
safety (7) including additives, whether processed, partially
intended to be used for oral
processed or unprocessed,
feeding to animals;

genetically modified organisms
covered by Directive
2001/18/EC of the European Parliament and of the Council
of 12 March 2001 on the deliberate release into the
environment of genetically modified organisms (8);

this
save to the extent covered by Article 3(4)(b) of
Regulation, 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 (9) 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 (10);

(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 research or analysis.

they are imported or exported for

Article 3

Definitions

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

(c) wastes covered by Directive 2006/12/EC of the European
Parliament and of the Council of 5 April 2006 on waste (3)
and Council Directive 91/689/EEC of 12 December 1991
on hazardous waste (4);

1.

‘chemical’ means a substance as defined in Directive
67/548/EEC, whether by itself or in a preparation, or a
preparation, whether manufactured or obtained from
include living organisms, which
nature, but does not
belongs to either of the following categories:

(d)

(e)

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 (5);

food and food additives covered by Regulation (EC)
No 882/2004 of
the
Council of 29 April 2004 on official controls performed to

the European Parliament and of

(1) OJ L 22, 26.1.2005, p. 1.
(2) OJ L 159, 29.6.1996, p. 1.
(3) OJ L 114, 27.4.2006, p. 9.
(4) OJ L 377, 31.12.1991, p. 20. Directive as last amended by
Regulation (EC) No 166/2006 of the European Parliament and of the
Council (OJ L 33, 4.2.2006, p. 1).

(a)

pesticides,
formulations;

including severely hazardous pesticide

(b)

industrial chemicals;

(6) OJ L 165, 30.4.2004, p. 1. Corrected version in OJ L 191,
28.5.2004, p. 1. Regulation as last amended by Council Regulation
(EC) No 301/2008 (OJ L 97, 9.4.2008, p. 85).

(7) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission

Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).

(8) OJ L 106, 17.4.2001, p. 1. Directive as last amended by Directive

2008/27/EC (OJ L 81, 20.3.2008, p. 45).

(9) OJ L 311, 28.11.2001, p. 67. Directive as last amended by Directive

2008/29/EC (OJ L 81, 20.3.2008, p. 51).

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

(10) OJ L 311, 28.11.2001, p. 1. Directive as last amended by Directive

(EC) No 1183/2007 (OJ L 278, 22.10.2007, p. 1).

2004/28/EC (OJ L 136, 30.4.2004, p. 58).

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‘preparation’ means a mixture or a solution composed of
two or more substances;

final regulatory action by the Community, in order to
protect human health or the environment;

2.

3.

6.

7.

8.

‘article’ 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.

‘pesticides’ means chemicals in either of
subcategories:

the following

(a)

(b)

pesticides used as plant protection products covered
by Council Directive 91/414/EEC of 15 July 1991
concerning the placing of plant protection products
on the market (1);

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 (2) and
insecticides and parasiticides
such as disinfectants,
covered by Directive 2001/82/EC and Directive 2001/
83/EC;

5.

‘industrial chemicals’ means chemicals in either of
following subcategories:

the

(a)

chemicals for use by professionals;

(b)

chemicals for use by the public;

subject

to export notification’ means any
‘chemical
chemical that is banned or severely restricted within the
Community within one or more categories or subcate-
gories, and any chemical listed in Part 1 of Annex I that is
subject to the PIC procedure;

‘chemical qualifying for PIC notification’ 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;

(b)

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

10.

‘severely restricted chemical’ means either of the following:

(a)

(b)

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

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

11.

‘chemical banned or severely restricted by a Member State’
means any chemical that is banned or severely restricted by
national final regulatory action of a Member State;

12.

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

13.

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

‘chemical subject to the PIC procedure’ means any chemical
listed in Annex III to the Convention and in Part 3 of
Annex I to this Regulation;

14.

‘export’ means the following:

9.

‘banned chemical’ means either of the following:

(a)

a chemical all uses of which within one or more
categories or subcategories have been prohibited by

(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. Directive as last amended by Commission

Directive 2008/45/EC (OJ L 94, 5.4.2008, p. 21).

(2) OJ L 123, 24.4.1998, p. 1. Directive as last amended by Directive
2008/31/EC of the European Parliament and of the Council (OJ
L 81, 20.3.2008, p. 57).

(b)

the re-export of a chemical not meeting the conditions
of Article 23(2) of the Treaty which is placed under a
customs procedure other than the external Commu-
nity transit procedure for movement of goods through
the customs territory of the Community;

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15.

‘import’ means the physical introduction into the customs
territory of the Community of a chemical that is placed
under a customs procedure other
than the external
Community transit procedure for movement of goods
through the customs territory of the Community;

16.

‘exporter’ means any of the following persons, whether
natural or legal:

(a)

the 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 to determine that the chemical be sent out of
the customs territory of the Community;

(b) where no export contract has been concluded or
where the holder of the contract does not act on its
to
own behalf,
determine that
the
customs territory of the Community;

the person who has the power
the chemical be sent out of

(c) where the benefit of a right to dispose of the chemical
belongs to a person established outside the Commu-
nity pursuant to the contract on which the export is
the contracting party established in the
based,
Community;

17.

18.

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

territory of

customs

import

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

economic

19.

‘other country’ means any country that is not a Party.

Article 4

Designated national authorities

Each Member State shall designate the authority or authorities,
hereinafter ‘the designated national authority’ or ‘the designated
national authorities’, to carry out the administrative functions
required by this Regulation, unless it has already done so before
the entry into force of this Regulation.

States, in particular as regards technical assistance, the exchange
of
information and matters relating to dispute settlement,
participation in subsidiary bodies and voting.

2. With regard to the Community's participation in the
Convention, 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 and in close cooperation and consultation with all the
designated national authorities of the Member States.

The Commission shall,
following:

in particular, be responsible for the

(a)

the transmission of Community export notifications to
Parties and other countries pursuant to Article 7;

(b)

the submission to the Secretariat of
the Convention,
hereinafter ‘the Secretariat’, of notifications of relevant final
regulatory actions concerning chemicals qualifying for PIC
notification pursuant to Article 10;

(c)

the transmission of
information concerning other final
regulatory actions involving chemicals not qualifying for
PIC notification in accordance with Article 11;

(d)

the receiving of information from the Secretariat more
generally.

The Commission shall also provide the Secretariat with
Community import responses for chemicals subject to the PIC
procedure pursuant to Article 12.

In addition, the Commission shall coordinate the Community
input on all technical issues relating to any of the following:

(a)

the Convention;

(b)

the preparation of the Conference of the Parties established
by Article 18 of the Convention;

(c)

the Chemical Review Committee established in accordance
with Article 18(6) of the Convention;

shall

It
1 November 2008.

inform the Commission of

such designation by

(d)

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 as referred to in Arti-
cle 7(3) of the Convention.

Article 5

Participation of the Community in the Convention

1. The participation of the Community in the Convention shall
be a joint responsibility of the Commission and the Member

3. The Commission and the Member States shall take the
necessary initiatives to ensure appropriate representation of the
Community in the various bodies implementing the Convention.

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Article 6

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

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

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

The designated national authority shall check compliance of the
information with Annex II and promptly forward the notifica-
tion received from the exporter to the Commission.

The Commission shall take the measures necessary to ensure that
the designated national authority of the importing Party or the
appropriate authority of the importing other country receive
notification no later than 15 days before the first intended export
of the chemical and thereafter before the first export in any
subsequent calendar year. This shall apply regardless of the
expected use of the chemical in the importing Party or other
country.

The chemicals listed in Part 1 of Annex I shall be subject to the
export notification procedure 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 of restriction and, where appropriate, additional informa-
tion,
in particular on exemptions to requirements for export
notification.

Each export notification shall be registered and assigned an
export reference identification number 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.

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

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

3. The lists referred to in paragraph 2 shall be made available to
the public by electronic means.

Article 7

Export notifications forwarded to Parties and other
countries

1.
In the case of substances listed in Part 1 of Annex I or
preparations containing such substances in a concentration that
could trigger labelling obligations under Directive 1999/45/EC
irrespective of the presence of any other substances, paragraphs 2
to 8 shall apply.

2. When an exporter is due to export a chemical referred to in
paragraph 1 from the Community to a Party or other country for
the first time on or after the date on which it becomes subject to
this Regulation, the exporter shall notify the designated national
authority of the Member State in which he is established, no later
than 30 days before the export of the chemical is due to take
place. Thereafter the exporter shall notify the designated national
authority of the first export of such chemical each calendar year
takes place. The
no later than 15 days before the export
in
notification shall comply with the requirements set out
Annex II.

3.
If the Commission does not receive from the importing
Party or other country an acknowledgement of receipt of the first
export notification given after the chemical is included in the
Part 1 of Annex I within 30 days of the dispatch of such
notification, it shall submit a second notification. The Commis-
sion shall make reasonable efforts to ensure that the designated
national authority of the importing Party or the appropriate
authority of the importing other country receives the second
notification.

4. A new export notification as provided for in paragraph 2
to
shall be given for exports which take place subsequent
changes to Community legislation concerning the marketing, use
or labelling of the 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 II and shall
indicate that it is a revision of a previous notification.

5. Where the export of a chemical relates to an emergency
situation in which any delay may endanger public health or the
environment
the
requirements of paragraphs 2, 3 and 4 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,

6. The obligations set out in paragraphs 2, 3 and 4 shall cease
when the following conditions are fulfilled:

(a)

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

(b)

the importing country being a Party to the Convention has
provided the Secretariat with a response in accordance with
Article 10(2) of the Convention indicating whether or not
it consents to import of the chemical;

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(c)

the Commission has been informed of that response by the
Secretariat and has forwarded that information to Member
States.

The first subparagraph 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.

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
the
appropriate authorities of other countries, they shall immediately
forward those notifications to the Commission together with all
available information.

Article 9

Information on export and import of chemicals

The obligations set out in paragraphs 2, 3 and 4 shall also cease
when the following conditions are fulfilled:

1.

Each exporter of:

(a)

(b)

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

the Commission has received the information from the
Secretariat or from the designated national authority of the
the
importing Party or
importing other country and has forwarded it to Member
States and made it available on the Internet.

the appropriate authority of

7. The Commission, the relevant designated national auth-
orities of the Member States and the exporters shall provide
importing Parties and other countries with available additional
information concerning the exported chemicals, when requested.

8. Member States may establish systems obliging exporters to
pay an administrative fee for each export notification given and
for each request for explicit consent made, corresponding to the
in
costs to them of carrying out
paragraphs 2, 3 and 4 of this Article and in Article 13(3), (6) and
(7).

the procedures set out

— substances listed in Annex I,

— preparations containing such substances in a concentration
that could trigger labelling obligations under Directive
1999/45/EC irrespective of
the presence of any other
substances, or

— articles containing substances listed in Parts 2 or 3 of
Annex I in unreacted form or preparations containing such
substances in a concentration that could trigger labelling
obligations under Directive 1999/45/EC irrespective of the
presence of any other substances,

shall, during the first quarter of each year, inform the designated
national authority of its Member State regarding the quantity of
the chemical, as a substance and as contained in preparations or
in articles, shipped to each Party or other country during the
preceding year. That 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. That information
shall list separately exports pursuant to Article 13(7).

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

Article 8

Export notifications received from Parties and other
countries

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

1.
Export notifications received by the Commission from the
designated national authorities of Parties or the appropriate
authorities of other countries concerning the export to the
the manufacture, use, handling,
Community of a chemical
consumption, transport 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.

3.
Each Member State shall provide the Commission each year
with aggregated information in accordance with Annex III. The
Commission shall summarise that information at Community
level and shall make the non-confidential information publicly
available on its database via the Internet.

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

Notification of banned or severely restricted chemicals
under the Convention

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

1. The Commission shall notify the Secretariat in writing of the
chemicals that qualify for PIC notification.

2. Where further chemicals qualify for PIC notification and are
added to Part 2 of Annex I, the Commission shall notify the

Article 10

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Secretariat. The notification shall be submitted as soon as
possible after adoption of
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 must be applied.

the relevant

position in respect of the chemical to the Commission and to the
Member State which submitted the national final regulatory
action. After consideration of the comments the submitting
Member State shall inform the Commission whether the latter
shall:

3. The notification shall provide all relevant information as
required in Annex IV.

— notify the Secretariat, pursuant to this Article, or

4.
In determining priorities for notifications, the Commission
shall take into account whether the chemical is already listed in
Part 3 of Annex I,
to which the information
requirements laid down in Annex IV can be met, and the
severity of the risks presented by the chemical, in particular for
developing countries.

the extent

for PIC notification, but

the
When a chemical qualifies
information is insufficient to meet the requirements of Annex IV,
identified exporters or importers shall, upon request by the
Commission, provide all relevant information available to them,
including that from other national or international chemical
control programmes, within 60 days of the request.

5. The Commission shall notify the Secretariat in writing when
a final regulatory action notified under paragraphs 1 or 2 is
amended 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 must be applied.

— provide the information to the Secretariat, pursuant to

Article 11.

Article 11

Information to be transmitted to the Secretariat concerning
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
the second indent of Article 10(8), the Commission shall provide
the Secretariat with information concerning the relevant final
regulatory actions, so that that information can be disseminated
to other Parties to the Convention as appropriate.

Article 12

Obligations in relation to imports of chemicals

The Commission shall provide all relevant information that was
not available at the time when the initial notification was given
under paragraphs 1 or 2 respectively.

1. The Commission shall immediately forward to the Member
States any decision guidance documents which it receives from
the Secretariat.

6. Upon request from any Party or from the Secretariat, the
Commission shall provide additional information concerning the
chemical or the final regulatory action, as far as practicable.

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

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

in close
Where appropriate the Commission shall evaluate,
the need to propose
cooperation with the Member States,
measures at Community level
to prevent any
unacceptable risks to human health or the environment within
the Community.

in order

in accordance with the advisory
The Commission shall,
procedure referred to in Article 24(2), take an import decision,
in the form of a final or interim import response on behalf of the
Community, concerning the future import of
the chemical
concerned.
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 Secretariat.

It shall

Where a chemical is subject to additional or amended restrictions
under Community legislation, the Commission shall revise the
import decision in accordance with the advisory procedure
referred to in Article 24(2) and communicate the revised import
decision to the Secretariat.

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

8. Where a Member State takes national final 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 that informa-
tion available to the Member States. Within four weeks of that
information having been made available Member States may
in
send comments on a possible PIC notification,
particular, relevant information about their national regulatory

including,

3. An import decision under paragraph 1 shall relate to the
category or categories specified for the chemical in the decision
guidance document.

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

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

consultation with the Commission and the designated
national authority of the importing Party or an appropriate
authority in an importing other country;

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

in order

Article 13

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

1. The Commission shall immediately forward to the Member
States and European industry associations information which it
receives, whether in the form of circulars or otherwise, from the
Secretariat regarding chemicals subject to the PIC procedure and
the decisions of importing Parties regarding import conditions
applicable to those chemicals. It shall also immediately forward
to the Member States information concerning any cases of failure
to transmit a response in accordance with Article 10(2) of the
Convention. The Commission shall keep all
information
regarding import decisions, which shall each be assigned an
import decision reference identification number, available in its
database, which shall be publicly available on the Internet, and
provide anyone with that information upon request.

2. The Commission shall assign each chemical listed in Annex I
a classification in the European Community's Combined
Nomenclature. Those classifications shall be revised as necessary
in the light of any changes made in the World Customs
Organization's Harmonized System Nomenclature or in the
European Community's Combined Nomenclature
the
chemicals concerned.

for

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 that 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.

6.
Substances listed in Parts 2 or 3 of Annex I or preparations
containing such substances in a concentration that could trigger
labelling obligations under Directive 1999/45/EC irrespective of
the presence of any other substances shall not be exported unless
either of the following conditions is fulfilled:

(a)

explicit consent to import has been sought and received by
the exporter through his designated national authority in

(b)

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

In the case of chemicals listed in Part 2 of Annex I that are to be
exported to OECD countries, the designated national authority of
the exporter may, in consultation with the Commission and on a
case-by-case basis, decide that no explicit consent is required if
the chemical, at the time of importation into the OECD country
concerned, is licensed, registered or authorised in that OECD
country.

Where explicit consent has been sought pursuant to point (a), if
the Commission or the designated national authority of the
exporter has not received a response to its request within
send a reminder. Where
30 days,
appropriate, if there is still no response within a further 30 days,
the Commission may send further reminders as necessary.

the Commission shall

In the case of chemicals listed in Parts 2 or 3 of Annex I, the
7.
designated national authority of the exporter may, in consul-
tation with the Commission and on a case-by-case basis, decide
that the export may proceed if, after all reasonable efforts, no
response to a request for explicit consent pursuant to para-
graph 6(a) has been received within 60 days and there is evidence
from official sources in the importing Party or other country that
the chemical has been licensed, registered or authorised.

When deciding on the export of chemicals listed in Part 3 of
Annex I, the designated national authority in consultation with
the Commission shall consider the possible impact on human
health or the environment of the use of the chemical in the
importing Party or other country.

8. The validity of each explicit consent obtained pursuant to
paragraph 6(a) or waiver granted pursuant to paragraph 7 shall
be subject to periodic review by the Commission in consultation
with the Member States concerned as follows:

(a)

(b)

to para-
for each explicit consent obtained pursuant
graph 6(a) a new explicit consent shall be required by the
end of the third calendar year after the consent was given,
unless the terms of that consent require otherwise;

unless a response to a request has been received in the
meantime, each waiver granted pursuant to paragraph 7
shall be for a maximum period of 12 months, upon expiry
of which explicit consent shall be required.

In the cases referred to in point (a) of this paragraph, exports
may, however, continue after the end of the relevant period,
pending a response to a new request for explicit consent, for an
additional period of 12 months.

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All new requests shall be channelled through the Commission.

before the first transit movement takes place and no later than
eight days before each subsequent transit movement.

9. The Commission shall register all requests for explicit
consent, responses obtained and waivers granted in its database.
Each explicit consent obtained or waived shall be assigned an
explicit consent reference identification number and shall be
listed with all relevant information concerning any conditions
attached, validity dates, etc. The non-confidential information
shall be made publicly available on the Internet.

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

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

4. The Commission shall forward the information received
under paragraph 3 to the designated national authorities of
Parties to the Convention which requested that information,
together with any additional information available, no later than
15 days before the first transit movement and prior to any
subsequent transit movement.

Article 16

Information to accompany exported chemicals

11. When exporting pesticides, exporters shall ensure that the
label contains specific information about storage conditions and
storage stability under the climatic conditions of the importing
Party or other country. In addition, they shall ensure that the
pesticides exported comply with the purity specification laid
down in Community legislation.

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.

Article 14

Export of certain chemicals and articles containing
chemicals

1. Articles containing substances listed in Parts 2 or 3 of
Annex I in unreacted form or preparations containing such
labelling
in a concentration that could trigger
substances
obligations under Directive 1999/45/EC irrespective of
the
presence of any other substances shall be subject to the export
notification procedure laid down in Article 7.

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

Article 15

Information on transit movements

The first subparagraph shall be without prejudice to any specific
requirements of the importing Party or other country taking into
account relevant international standards.

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

3. A safety data sheet in accordance with Regulation (EC)
No 1907/2006 of the European Parliament and of the Council of
18 December 2006 on the Registration, Evaluation, Authoris-
ation and Restriction of Chemicals (REACH) and establishing a
European Chemicals Agency (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 languages, or in
one or more of the principal
languages, of the country of
destination or of the area of intended use.

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

shall be as

2. When a chemical listed in Part 3 of Annex I is transported
through the territory of a Party to the Convention listed in
Annex VI, the exporter shall, as far as practicable, provide the
designated 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

Article 17

Obligations of the authorities of the Member States and
exporters for controlling imports and exports

Each Member State shall designate authorities such as
1.
customs authorities
shall have the responsibility of
controlling the import and export of chemicals listed in Annex I,
unless it has already done so before the entry into force of this
Regulation.

that

(1) OJ L 396, 30.12.2006, p. 1. Corrected version in OJ L 136,
29.5.2007, p. 3. Regulation as amended by Council Regulation (EC)
No 1354/2007 (OJ L 304, 22.11.2007, p. 1).

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

2. The Commission and the Member States shall protect any
confidential information received from a Party or other country
as mutually agreed.

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

Exporters shall provide in their export declaration (box 44 of
2.
the Single Administrative Documents or corresponding data
element in an electronic export declaration) as referred to in
Article 161(5) of Council Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community Customs Code (1)
the applicable reference identification numbers referred to in
Article 7(2) or Article 13(1) or (9) of
this Regulation as
appropriate confirming compliance with the obligations to
which they relate.

information under this
3. As regards the transmission of
Regulation, and without prejudice to Directive 2003/4/EC of the
European Parliament and of the Council of 28 January 2003 on
information (2), the following
public access to environmental
information at least shall not be regarded as confidential:

(a)

the information specified in Annex II and Annex IV;

(b)

the information contained in safety data sheets referred to
in Article 16(3);

Article 18

Penalties

Member States shall determine the penalties applicable to
infringements of the provisions of this Regulation and take all
measures necessary to ensure correct implementation of these
provisions. The penalties shall be effective, proportionate and
dissuasive. If they have not already done so before the entry into
force of
shall notify the
Commission of those measures by 1 August 2009. They shall
also notify it of any further modifications as soon as possible
after their adoption.

this Regulation, Member States

Member States shall make all information regarding penalties
available upon request.

Article 19

Exchange of information

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

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

(c)

the expiry date of a chemical;

(d)

the production date of a chemical;

(e)

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

(f)

the summary results of toxicological and ecotoxicological
tests;

(g)

information concerning handling packaging after chemicals
have been removed.

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

Article 20

Technical assistance

The Commission and the designated national authorities of the
Member States shall, taking into account in particular the needs
of developing countries and countries with economies in
transition, cooperate in promoting technical assistance, including
training, for the development of the infrastructure, the capacity
and the expertise necessary to manage chemicals properly
throughout their lifecycles.

(a)

(b)

the provision of publicly available information concerning
regulatory actions
the
Convention; and

to the objectives of

relevant

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

technical

the Convention,

In particular, and with a view to enabling those countries to
implement
shall be
promoted by means of the provision of technical information
concerning chemicals, the promotion of the exchange of experts,
support for the establishment or maintenance of designated
national authorities and the provision of technical expertise for
the identification of hazardous pesticide formulations and for the
preparation of notifications to the Secretariat.

assistance

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by
Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(2) OJ L 41, 14.2.2003, p. 26.

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The Commission and the Member States shall actively participate
in the Information Network on Capacity Building set up by the
Intergovernmental Forum on Chemical Safety, by providing
information concerning the projects they are supporting or
financing to improve the management of chemicals in develop-
ing countries and countries with economies in transition.

either of the categories it shall also be included in Part 2 of
Annex I.

3. The decision to include chemicals in Annex I, or to amend
their entry where appropriate, shall be taken without undue
delay.

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 concerning the operation of
the procedures
provided for in this Regulation,
including customs controls,
infringements, penalties and remedial action.

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 incorporate it in a synthesis
report integrating the information provided by the Member
States under paragraph 1. A summary of that report, which shall
be published on the Internet, shall be forwarded to the European
Parliament and to the Council.

3. As regards the information supplied pursuant
to para-
graphs 1 and 2, the Member States and the Commission shall
comply with relevant obligations to protect the confidentiality of
data and ownership.

4. The following measures, designed to amend non-essential
elements of this Regulation, shall be adopted in accordance with
the regulatory procedure with scrutiny referred to in Arti-
cle 24(3):

(a) measures to include a chemical in Parts 1 or 2 of Annex I
pursuant to paragraph 2 following final regulatory action at
Community level;

(b) measures to include a chemical that is subject to Regulation

(EC) No 850/2004 in Part 1 of Annex V;

(c)

other measures to amend Annex I, including modifications
to existing entries;

(d) measures to include a chemical already subject to an export

ban at Community level in Part 2 of Annex V;

(e) measures to amend Annexes II, III, IV and VI;

(f) measures to modify existing entries in Annex V.

Article 23

Technical notes for guidance

Article 22

Updating annexes

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

the day-to-day application of

to facilitate

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

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

that action shall be assessed at

2. When determining whether a final regulatory action at
Community level constitutes a ban or a severe restriction, the
effect of
the
subcategories within the categories ‘pesticides’ and ‘industrial
chemicals’. If the final regulatory action bans or severely restricts
a chemical within any one of the subcategories it shall be
included in Part 1 of Annex I.

the level of

When determining whether a final
regulatory action at
Community level constitutes a ban or a severe restriction such
that the chemical concerned qualifies for PIC notification under
Article 10, the effect of that action shall be assessed at the level
of the categories ‘pesticides’ and ‘industrial chemicals’. If the final
regulatory action bans or severely restricts a chemical within

Article 24

Committee

1. The Commission shall be assisted by the committee
established by Article 133 of Regulation (EC) No 1907/2006.

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

3. Where reference is made to this paragraph, Article 5(a)(1) to
(4) and Article 7 of Decision 1999/468/EC shall apply, having
regard to the provisions of Article 8 thereof.

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Article 25

References to Regulation (EC) No 304/2003

Article 26

Entry into force

References to Regulation (EC) No 304/2003 shall be construed
as references to this Regulation.

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

Article 17(2), however, shall apply as from 1 November 2008.

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

Done at Strasbourg, 17 June 2008.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

J. LENARČIČ

ANNEX I

LIST OF CHEMICALS

(referred to in Article 6)

PART 1

List of chemicals subject to export notification procedure

(referred to in Article 7)

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(2), (3) and (4) shall not apply provided that the conditions
laid down in Article 7(6)(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, those 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 code

Subcategory (*)

Use limi-tation (**)

Countries for which no notification is
required

1,1,1-Trichloroethane

1,2-Dibromoethane (Ethylene dibromide) #

71-55-6

106-93-4

200-756-3

203-444-5

2903 19 10

i(2)

2903 31 00

p(1)-p(2)

1,2-Dichloroethane (ethylene dichloride) #

107-06-2

203-458-1

2903 15 00

p(1)-p(2)

Cis- 1,3-dichloropropene ((1Z)-1,3-dichloroprop-1-ene)

2-aminobutane

2-Naphthylamine (naphthalen-2-amine) and its salts +

10061-01-5

13952-84-6

91-59-8, 553-00-4,
612-52-2 and others

2,4,5-T and its salts and esters #

93-76-5 and others

2903 29 00

2921 19 80

2921 45 00

i(2)

p(1)-p(2)

p(1)-p(2)

i(1)
i(2)

2918 91 00

p(1)-p(2)

233-195-8

237-732-7

202-080-4, 209-
030-0, 210-313-6
and others

202-273-3 and
others

4-Aminobiphenyl (biphenyl-4-amine) and its salts +

92-67-1, 2113-61-3
and others

202-177-1 and
others

2921 49 80

4-Nitrobiphenyl +

92-93-3

202-204-7

2904 20 00

i(1)
i(2)

i(1)
i(2)

Acephate +

Acifluorfen

30560-19-1

50594-66-6

250-241-2

256-634-5

2930 90 85

2916 39 00

p(1)-p(2)

p(1)-p(2)

b

b-b

b-b

b

b-b

b-b

b
b

b-b

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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Alachlor +

Aldicarb +

Ametryn

Amitraz +

Arsenic compounds

Asbestos Fibres +:

Crocidolite #

Amosite #

Antophyllite #

Actinolite #

Tremolite #

Chrysotile +

Atrazine +

Azinphos-ethyl

Azinphos-methyl

Bensultap

Benzene (1)

Benzidine and its salts +
Benzidine derivatives +

Cadmium and its compounds

Cadusafos +

Calciferol

Captafol #

Carbaryl +

Chemical

CAS No

Einecs No

CN code

Subcategory (*)

Use limi-tation (**)

Countries for which no notification is
required

15972-60-8

240-110-8

2924 29 95

p(1)

116-06-3

834-12-8

204-123-2

2930 90 85

212-634-7

2933 69 80

33089-61-1

251-375-4

2925 29 00

p(1)-p(2)

p(1)-p(2)

p(1)

p(2)

1332-21-4 and others

12001-28-4

12172-73-5

77536-67-5

77536-66-4

77536-68-6

12001-29-5 or
132207-32-0

1912-24-9

2642-71-9

86-50-0

17606-31-4

71-43-2

2524 10 00

2524 90 00

2524 90 00

2524 90 00

2524 90 00

2524 90 00

i

i

i

i

i

i

217-617-8

2933 69 10

220-147-6

2933 99 90

p(1)-p(2)

p(1)-p(2)

201-676-1

2933 99 90

p(1)

2930 90 85

p(1)-p(2)

200-753-7

2902 20 00

i(2)

92-87-5, 36341-27-2
and others

202-199-1, 252-
984-8 and others

2921 59 90

—

—

7440-43-9 and others

231-152-8 and
others

8107
3206 49 30 and
others

95465-99-9

n.a.

2930 90 85

50-14-6

2425-06-1

200-014-9

2936 29 90

219-363-3

2930 50 00

p(1)-p(2)

63-25-2

200-555-0

2924 29 95

p(1)-p(2)

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

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

i(1)

p(1)

p(1)

b

sr-b

b-b

sr

sr

b

b

b

b

b

b

sr-b

b-b

b

b-b

sr

sr-b
b

b-b
b

sr

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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a
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J
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a
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Binapacryl #

485-31-4

207-612-9

2916 19 50

Chemical

CAS No

Einecs No

CN code

Subcategory (*)

Use limi-tation (**)

Countries for which no notification is
required

Carbofuran +

Carbon tetrachloride

Carbosulfan +

Cartap

Chinomethionat

Chlordecone

Chlordimeform #

Chlorfenapyr +

Chlorfenvinphos

Chlormephos

Chlorobenzilate #

Chloroform

Chlozolinate +

Cholecalciferol

Coumafuryl

Creosote and creosote related substances

b

b

b

b-b

b-b

sr

b-b

b

b-b

b-b

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/

1563-66-2

216-353-0

2932 99 85

56-23-5

200-262-8

2903 14 00

55285-14-8

259-565-9

2932 99 85

p(1)

i(2)

p(1)

15263-53-3

2439-01-2

143-50-0

6164-98-3

2930 20 00

p(1)-p(2)

219-455-3

2934 99 90

p(1)-p(2)

205-601-3

2914 70 00

p(2)

228-200-5

2925 21 00

p(1)-p(2)

122453-73-0

2933 99 90

p(1)

470-90-6

207-432-0

2919 90 90

p(1)-p(2)

24934-91-6

246-538-1

2930 90 85

p(1)-p(2)

510-15-6

208-110-2

2918 18 00

p(1)-p(2)

67-66-3

200-663-8

2903 13 00

i(2)

84332-86-5

282-714-4

2934 99 90

p(1)-p(2)

67-97-0

117-52-2

8001-58-9

61789-28-4

84650-04-4

90640-84-9

65996-91-0

90640-80-5

65996-85-2

8021-39-4

122384-78-5

200-673-2

2936 29 90

p(1)

204-195-5

2932 29 85

p(1)-p(2)

2707 91 00

3807 00 90

i(2)

b

232-287-5

263-047-8

283-484-8

292-605-3

266-026-1

292-602-7

266-019-3

232-419-1

310-191-5

Crimidine

Cyanazine

Cyhalothrine

535-89-7

208-622-6

2933 59 95

p(1)

21725-46-2

244-544-9

2933 69 80

p(1)-p(2)

68085-85-8

268-450-2

2926 90 95

p(1)

b

b-b

b

.

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Chemical

CAS No

Einecs No

CN code

Subcategory (*)

Use limi-tation (**)

Countries for which no notification is
required

DBB (Di-μ-oxo-di-n-butylstannio-hydroxyborane/dioxastanna-
boretan-4-ol)

75113-37-0

401-040-5

2931 00 95

i(1)

Diazinon

Dichlorvos

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

333-41-5

62-73-7

115-32-2

206-373-8

2933 59 10

200-547-7

2919 90 90

p(1)

p(1)

204-082-0

2906 29 00

p(1)-p(2)

Dimethenamid +

87674-68-8

n.a.

2934 99 90

p(1)

Dinitro-ortho-cresol (DNOC) and its salts (such as ammonium
salt, potassium salt and sodium salt) #

534-52-1
2980-64-5
5787-96-2
2312-76-7

208-601-1
221-037-0
—
219-007-7

2908 99 90

p(1)-p(2)

Dinobuton

973-21-7

213-546-1

2920 90 10

p(1)-p(2)

Dinoseb and its salts and esters #

88-85-7
and others

201-861-7
nd others

2908 91 00
2915 36 00

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

Dinoterb +

Diuron

1420-07-1

215-813-8

2908 99 90

p(1)-p(2)

330-54-1

006-015-00

2924 21 90

p(1)

Dustable powder formulations containing a combination of:

Benomyl at or above 7 %

Carbofuran at or above 10 %

and Thiram at or above 15 % #

Endosulfan +

Ethion

Ethylene oxide (Oxirane) #

Fenitrothion

Fenpropathrin

Fenthion +

17804-35-2

1563-66-2

137-26-8

115-29-7

563-12-2

75-21-8

3808 99 90

2933 99 90

2932 99 85

2930 30 00

p(1)

p(2)

241-775-7

216-353-0

205-286-2

204-079-4

2920 90 85

p(1)

209-242-3

2930 90 85

p(1)-p(2)

b-b

200-849-9

2910 10 00

p(1)

122-14-5

204-524-2

2920 19 00

p(1)

39515-41-8

254-485-0

2926 90 95

p(1)-p(2)

55-38-9

200-231-9

2930 90 85

p(1)

b

b

b

b-b

b

b-b

b-b

b-b
b

b-b

b

b

b

b

b

b

b-b

sr

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/

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J
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a
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Chemical

CAS No

Einecs No

CN code

Subcategory (*)

Use limi-tation (**)

Countries for which no notification is
required

Fentin acetate +

Fentin hydroxide +

Fenvalerate

Ferbam

Fluoroacetamide #

Flurenol

Furathiocarb

Haloxyfop-R +

(Haloxyfop-P-methyl ester)

900-95-8

76-87-9

212-984-0

2931 00 95

p(1)-p(2)

200-990-6

2931 00 95

p(1)-p(2)

51630-58-1

257-326-3

2926 90 95

p(1)

14484-64-1

238-484-2

2930 20 00

p(1)-p(2)

640-19-7

211-363-1

2924 12 00

p(1)

467-69-6

207-397-1

2918 19 85

p(1)-p(2)

65907-30-4

265-974-3

2932 99 85

p(1)-p(2)

95977-29-0

(72619-32-0)

n.a.

2933 39 99

p(1)

(406-250-0)

(2933 39 99)

HCH/Hexachlorocyclohexane (mixed isomers) #

608-73-1

210-168-9

2903 51 00

p(1)-p(2)

Hexachloroethane

Hexazinone

Iminoctadine

Isoxathion

Lindane (γ-HCH) #

Malathion

67-72-1

200-666-4

2903 19 80

i(1)

51235-04-2

257-074-4

2933 69 80

p(1)-p(2)

13516-27-3

236-855-3

2925 29 00

p(1)-p(2)

18854-01-8

242-624-8

2934 99 90

p(1)

58-89-9

200-401-2

2903 51 00

p(1)-p(2)

b-b

b-b

b

b-b

b

b-b

b-b

b

b-sr

sr

b-b

b-b

b

b-sr

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/

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

123-33-1

204-619-9

2933 99 90

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

61167-10-0, 51542-
52-0, 28330-26-9

257-261-0, 248-
972-7

2933 99 90

121-75-5

204-497-7

2930 90 85

p(1)

p(1)

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

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

233-307-5, 244-
654-7 and others

2852 00 00

p(1)-p(2)

b-sr

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

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

10265-92-6

233-606-0

2930 50 00
3808 50 00

p(2)

Methidathion

Methyl-parathion + #

950-37-8

298-00-0

213-449-4

2934 99 90

p(1)-p(2)

206-050-1

2920 11 00

p(1)-p(2)

b

b-b

b-b

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

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

.

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E
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f
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J
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Chemical

CAS No

Einecs No

CN code

Subcategory (*)

Use limi-tation (**)

Countries for which no notification is
required

Metoxuron

Monocrotophos #

Monolinuron

Monomethyl-dibromo-diphenyl methane
Tradename: DBBT +

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

Monomethyl-Tetrachlorodiphenyl methane;
Tradename: Ugilec 141 +

Monuron

Nitrofen +

Nonylphenols C6H4(OH)C9H19 +

Nonylphenol ethoxylates (C2H4O)nC15H24O +

19937-59-8

243-433-2

2924 21 90

p(1)-p(2)

6923-22-4

230-042-7

2924 12 00

p(1)-p(2)

1746-81-2

217-129-5

2928 00 90

99688-47-8

402-210-1

2903 69 90

p(1)

i(1)

—

400-140-6

2903 69 90

i(1)-i(2)

76253-60-6

278-404-3

2903 69 90

i(1)-i(2)

150-68-5

205-766-1

2924 21 90

p(1)

1836-75-5

217-406-0

2909 30 90

p(1)-p(2)

25154-52-3 (phenol,
nonyl-),

84852-15-3 (phenol,
4-nonyl-, branched)

246-672-0

2907 13 00

i(1)

284-325-5

11066-49-2 (isononyl-
phenol),

234-284-4

90481-04-2, (phenol,
nonyl-, branched),

291-844-0

104-40-5(p-nonylphe-
nol) and others

203-199-4 and
others

9016-45-9, 26027-38-
3, 68412-54-4,
37205-87-1, 127087-
87-0 and others

3402 13 00

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

Octabromodiphenyl ether +

32536-52-0

251-087-9

2909 30 38

i(1)

Omethoate

Oxydemeton-methyl +

Parathion #

1113-02-6

214-197-8

2930 90 85

p(1)-p(2)

301-12-2

56-38-2

206-110-7

2930 90 85

p(1)

200-271-7

2920 11 00

p(1)-p(2)

b-b

b-b

b

b

b-b

b-b

b

b-b

sr

sr
b-b

sr

b-b

b

b-b

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

Einecs No

CN code

Subcategory (*)

Use limi-tation (**)

Countries for which no notification is
required

Pebulate

1114-71-2

214-215-4

2930 20 00

p(1)-p(2)

Pentabromodiphenyl ether +

32534-81-9

251-084-2

2909 30 31

i(1)

Pentachlorophenol and its salts and esters #

87-86-5 and others

Perfluorooctane sulfonates

(PFOS)

C8F17SO2X

1763-23-1

2795-39-3

and others

(X = OH, Metal salt (O-M+), halide, amide, and other derivatives
including polymers) + (a)

201-778-6 and
others

2908 11 00
2908 19 00 and
others

p(1)-p(2)

n.a.

2904 90 20

i(1)

2904 90 20

and others

Permethrin

Phosalone +

52645-53-1

258-067-9

2916 20 00

2310-17-0

218-996-2

2934 99 90

p(1)

p(1)

b-b

sr

b-sr

sr

b

b

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

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

13171-21-6 (mixture,
(E) & (Z) isomers)

236-116-5

2924 12 00
3808 50 00

p(1)-p(2)

b-b

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

Polybrominated biphenyls (PBB) #

23783-98-4 ((Z)-iso-
mer)

297-99-4 ((E)-isomer)

13654-09-6 36355-
01-8 27858-07-7 and
others

237-137-2 252-
994-2 248- 696-7

2903 69 90 and
others

i(1)

Polychlorinated terphenyls (PCT) #

61788-33-8

262-968-2

2903 69 90

i(1)

122-42-9

204-542-0

2924 29 95

p(1)

13457-18-6

236-656-1

2933 59 95

p(1)-p(2)

82-68-8

507-60-8

122-34-9

57-24-9

117-18-0

201-435-0

2904 90 85

p(1)-p(2)

208-077-4

2938 90 90

204-535-2

2933 69 10

200-319-7

2939 99 00

p(1)

p(1)

p(1)

204-178-2

2904 90 85

p(1)-p(2)

b-b

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

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

sr

b

b

b-b

b-b

b

sr

b

Propham

Pyrazophos +

Quintozene +

Scilliroside

Simazine +

Strychnine

Tecnazene +

.

.

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Chemical

CAS No

Einecs No

CN code

Subcategory (*)

Use limi-tation (**)

Countries for which no notification is
required

Terbufos

Tetraethyl lead #

Tetramethyl lead #

Thallium sulphate

Thiocyclam

Thiodicarb +

Triazophos

Trichlorfon +

Tridemorph

13071-79-9

235-963-8

2930 90 85

p(1)-p(2)

b-b

78-00-2

201-075-4

2931 00 95

75-74-1

200-897-0

2931 00 95

i(1)

i(1)

7446-18-6

231-201-3

2833 29 90

p(1)

31895-22-4

250-859-2

2934 99 90

p(1)-p(2)

59669-26-0

261-848-7

2930 90 85

p(1)

24017-47-8

245-986-5

2933 99 90

p(1)-p(2)

52-68-6

200-149-3

2931 00 95

p(1)-p(2)

24602-86-6

246-347-3

2934 99 90

p(1)-p(2)

sr

sr

b

b-b

b

b-b

b-b

b-b

Triorganostannic compounds +

—

—

2931 00 95 and
others

p(2) i(2)

Sr sr

Tris (2,3-Dibromopropyl) phosphate #

126-72-7

204-799-9

2919 10 00

Tris-aziridinyl-phosphinoxide (1,1’,1’-phosphoryltriaziridine) +

545-55-1

208-892-5

2933 99 90

i(1)

i(1)

Vamidothion

Vinclozolin

Zineb

2275-23-2

218-894-8

2930 90 85

p(1)-p(2)

50471-44-8

256-599-6

2934 99 90

12122-67-7

235-180-1

2930 20 00 or
3824 90 97

p(1)

p(1)

sr

sr

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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U
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i

Subcategory: 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 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 of 13 October 1998 relating to the quality of petrol and diesel fuels (OJ L 350, 28.12.1998, p. 58). Directive as last amended by Regulation (EC)
No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
CAS No = Chemical Abstracts Service Registry Number.
# Chemical subject or partially subject to the PIC procedure.
+
(a) The entry shall apply from 27 June 2008.

Chemical qualifying for PIC notification.

.

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PART 2

List of chemicals qualifying for PIC notification

(referred to in Article 10)

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 RN

Einecs No

CN code

Category (*)

Use limitation (**)

2-Naphthylamine (naphthalen-2-amine) and its salts

91-59-8, 553-00-4, 612-
52-2 and others

202-080-4, 209-030-0, 210-
313-6 and others

2921 45 00

4-Aminobiphenyl (biphenyl-4-amine) and its salts

92-67-1, 2113-61-3 and
others

202-177-1 and others

2921 49 80

4-Nitrobiphenyl

Acephate

Alachlor

Aldicarb

Amitraz

Asbestos fibres: Chrysotile

Atrazine

Benzidine and its salts

Benzidine derivatives

Cadusafos

Carbaryl

Carbofuran

Carbosulfan

Chlorfenapyr

Chlozolinate

92-92-3

30560-19-1

15972-60-8

116-06-3

33089-61-1

202-204-7

250-241-2

240-110-8

204-123-2

251-375-4

12001-29-5 or 132207-
32-0

1912-24-9

217-617-8

92-87-5, 36341-27-2 and
others

202-199-1, 252-984-8 and
others

—

95465-99-9

63-25-2

1563-66-2

55285-14-8

122453-73-0

—

n.a.

200-555-0

216-353-0

259-565-9

84332-86-5

282-714-4

2904 20 00

2930 90 85

2924 29 95

2930 90 85

2925 29 00

2524 90 00

2933 69 10

2921 59 90

2930 90 85

2924 29 95

2932 99 85

2932 99 85

2933 99 90

2934 99 90

i

i

i

p

p

p

p

i

p

i

p

p

p

p

p

p

b

b

b

b

b

sr

sr

b

sr

sr

b

b

b

b

sr

b

.

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Chemical

CAS RN

Einecs No

CN code

Category (*)

Use limitation (**)

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

115-32-3

204-082-0

2906 29 00

Dimethenamid

Dinoterb

Endosulfan

Fenthion

Fentin acetate

Fentin hydroxide

Haloxyfop-R

(Haloxyfop-P-methyl ester)

Methyl parathion #

Monomethyl-dibromo-diphenyl methane
Tradename: DBBT

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

Monomethyl-Tetrachlorodiphenyl methane;
Tradename: Ugilec 141

Nitrofen

Nonylphenols C6H4(OH)C9H19

87674-68-8

1420-07-1

115-29-7

55-38-9

900-95-8

76-87-9

95977-29-0

(72619-32-0)

298-00-0

99688-47-8

n.a.

215-813-8

204-079-4

200-231-9

212-984-0

200-990-6

n.a.

(406-250-0)

206-050-1

401-210-1

2934 99 90

2908 99 90

2920 90 85

2930 90 85

2931 00 95

2931 00 95

2933 39 99

(2933 39 99)

2920 11 00

2903 69 90

—

400-140-6

2903 69 90

76253-60-6

278-404-3

2903 69 90

2909 30 90

2907 13 00

1836-75-5

25154-52-3 (phenol, no-
nyl-),

84852-15-3 (phenol, 4-
nonyl-, branched),

11066-49-2 (isononylphe-
nol),

217-406-0

246-672-0

284-325-5

234-284-4

90481-04-2, (phenol, nonyl-,
branched),

291-844-0

104-40-5 (P-nonylphenol)
and others

203-199-4 and others

Nonylphenol ethoxylates (C2H4O)nC15H24O

9016-45-9, 26027-38-3,
68412-54-4, 37205-87-1,
127087-87-0 and others

3402 13 00

Octabromodiphenyl ether

32536-52-0

251-087-9

2909 30 38

p

p

p

p

p

p

p

p

p

i

i

i

p

i

i
p

i

b

b

b

b

sr

b

b

b

b

b

b

b

b

sr

sr
b

sr

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Chemical

CAS RN

Einecs No

CN code

Category (*)

Use limitation (**)

Oxydemeton-methyl

Pentabromodiphenyl ether

Perfluorooctane sulfonates
(PFOS) C8F17SO2X (X = OH, Metal salt (O-M+), halide, amide, and other
derivatives including polymers)

Phosalone

Pyrazophos

Quintozene

Simazine

Tecnazene

Thiodicarb

Trichlorfon

301-12-2

32534-81-9

1763-23-1
2795-39-3
and others

2310-17-0

13457-18-6

82-68-8

122-34-9

117-18-0

59669-26-0

52-68-6

206-110-7

251-084-2

n.a.

218-996-2

236-656-1

201-435-0

204-535-2

204-178-2

261-848-7

200-149-3

2930 90 85

2909 30 31

2904 90 20
2904 90 20
and others

2934 99 90

2933 59 95

2904 90 85

2933 69 10

2904 90 85

2930 90 85

2931 00 95

Triorganostannic compounds, in particular tributyltin compounds, including bis
(tributyltin) oxide

56-35-9 and others

200-268-0 and others

2931 00 95 and others

(*) Category: p — pesticides; i — industrial chemical.
(**) Use limitation: sr — severe restriction, b — ban (for the category or categories concerned).
CAS No = Chemical Abstracts Service Registry Number.
# Chemical subject or partially subject to the international PIC procedure.

p

i

i

p

p

p

p

p

p

p

p

b

sr

sr

b

b

b

sr

b

b

b

sr

.

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E
N

O

f
f
i
c
i
a
l

J
o
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n
a
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List of chemicals subject to the PIC procedure under the Rotterdam Convention

PART 3

(referred to in Articles 12 and 13)

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

Chemical

Relevant CAS number(s)

HS code
Pure substance

HS code
Mixtures. preparations containing
substance

Category

2,4,5-T and its salts and esters

Aldrin (*)

Binapacryl

Captafol

Chlordane (*)

Chlordimeform

Chlorobenzilate

DDT (*)

Dieldrin (*)

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

Dinitro-ortho-cresol (DNOC) and its salts (such as ammonium salt, potassium salt
and sodium salt)

534-52-1, 2980-64-5, 5787-
96-2, 2312-76-7

Dinoseb and its salts and esters

1,2-dibromoethane (EDB)

Ethylene dichloride (1,2-dichloroethane)

Ethylene oxide

Fluoroacetamide

HCH (mixed isomers)

Heptachlor (*)

Hexachlorobenzene (*)

88-85-7 #

106-93-4

107-06-2

75-21-8

640-19-7

608-73-1

76-44-8

118-74-1

2918.91

2903.52

2916.19

2930.50

2903.52

2925.21

2918.18

2903.62

2910.40

2908.99

2908.91

2903.31

2903.15

2910.10

2924.12

2903.51

2903.52

2903.62

3808.50

3808.50

3808.50

3808.50

3808.50

3808.50

3808.50

3808.50

3808.50

3808.91
3808.92
3808.93

3808.50

3808.50

3808.50

3808.50
3824.81

3808.50

3808.50

3808.50

3808.50

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

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Chemical

Relevant CAS number(s)

HS code
Pure substance

HS code
Mixtures. preparations containing
substance

Category

.

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Lindane

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

58-89-9

10112-91-1, 21908-53-2
and others
See also:
www.pic.int/

Monocrotophos

Parathion

Pentachlorophenol and its salts and esters

Toxaphene (*)

Dustable powder formulations containing a combination of: Benomyl at or above
7 %, Carbofuran at or above 10 % and Thiram at or above 15 %

6923-22-4

56-38-2

87-86-5 #

8001-35-2

17804-35-2
1563-66-2
137-26-8

2903.51

2852.00

2924.12

2920.11

2908.11
2908.19

—

—

3808.50

3808.50

3808.50

3808.50

3808.50
3808.91
3808.92
3808.93
3808.94
3808.99

3808.50

3808.92

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

10265-92-6

2930.50

3808.50

Methyl-parathion (emulsifiable concentrates (EC) at or above 19,5 % active
ingredient and dusts at or above 1,5 % active ingredient)

298-00-0

2920.11

3808.50

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

2924.12

3808.50

Mixture (E) & (Z) isomers

(Z)-isomer

(E)-isomer

13171-21-6

23783-98-4

297-99-4

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Pesticide

Severely hazardous pesticide
formulation

Severely hazardous pesticide
formulation

Severely hazardous pesticide
formulation

Severely hazardous pesticide
formulation

E
N

O

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Chemical

Relevant CAS number(s)

HS code
Pure substance

HS code
Mixtures. preparations containing
substance

Category

Asbestos fibres:

Crocidolite
Actinolite
Anthophyllite
Amosite
Tremolite

Polybrominated biphenyls (PBB)
— (hexa-)

— (octa-)
— (deca-)

Polychlorinated biphenyls (PCB) (*)

Polychlorinated terphenyls (PCT)

Tetraethyl lead

Tetramethyl lead

Tris (2,3-dibromopropyl) phosphate

2524.10
2524.90

2524.10
2524.90
2524.90
2524.90
2524.90

—

—

—

2931.00

2931.00

2919.10

12001-28-4
77536-66-4
77536-67-5
12172-73-5
77536-68-6

36355-01-8

27858-07-7
13654-09-6

1336-36-3

61788-33-8

78-00-2

75-74-1

126-72-7

6811.40
6812.80
6812.91
6812.92
6812.93
6812.99
6813.20

3824.82

3824.82

3824.82

3811.11

3811.11

3824.83

Industrial

Industrial

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.
# Only the CAS numbers of parent compounds are listed.

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31.7.2008

EN

Official Journal of the European Union

L 204/29

ANNEX II

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 (e.g. ISO name, usual names, trade names, and abbreviations);

(c)

European Inventory of Existing Chemical Substances (Einecs) number and Chemical Abstracts Services (CAS)
number;

(d)

CUS number (European Customs Inventory of Chemical Substances) and Combined Nomenclature code;

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

2.

Identity of the preparation to be exported:

(a)

trade name and/or designation of the preparation;

(b)

for each substance listed in Annex I, percentage and details as specified under item 1;

(c)

CUS number (European Customs Inventory of Chemical Substances) and Combined Nomenclature code.

3.

Identity of the article to be exported:

(a)

trade name and/or designation of the article;

(b)

for each substance listed in Annex I, percentage and details as specified under item 1.

4.

Information on the export:

(a)

country of destination;

(b)

country of origin;

(c)

expected date of first export this year;

(d)

estimated amount of the chemical to be exported to the country concerned this year;

(e)

intended use in the country of destination, if known, including information on the category(ies) under the
Rotterdam Convention under which the use falls;

(f)

name, address and other relevant particulars of the importer or importing company;

(g)

name, address and other relevant particulars of the exporter or exporting company.

5.

Designated national authorities:

(a)

(b)

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;

the name, address, telephone and telex, fax number or e-mail of the designated authority in the importing
country.

6.

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

7.

A summary on physicochemical, toxicological and ecotoxicological properties.

L 204/30

EN

Official Journal of the European Union

31.7.2008

8.

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.

9.

Information on precautionary measures to reduce exposure to, and emission of, the chemical.

10.

Summary of regulatory restrictions and reasons for them.

11.

Summary of information given in Annex IV under point 2(a), (c) and (d).

12. Additional

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

specified in Annex IV when requested by the importing Party.

31.7.2008

EN

Official Journal of the European Union

L 204/31

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

ANNEX III

1.

Summary of quantities of chemicals (in the form of substances, preparations and articles) 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, preparations and articles) as
outlined below.

Chemical

Importing country

Quantity of substance

…

…

…

2.

List of importers

Chemical

Importing country

Importer or
importing company

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

L 204/32

EN

Official Journal of the European Union

31.7.2008

ANNEX IV

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

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: Chemical Abstracts 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 physicochemical, 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;

(c)

an indication, to the extent possible, of the likely relevance of the final regulatory action to other States and
regions;

31.7.2008

EN

Official Journal of the European Union

L 204/33

(d)

other relevant information that may cover:

(i)

assessment of socioeconomic 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.

L 204/34

EN

Official Journal of the European Union

31.7.2008

ANNEX V

Chemicals and articles subject to export ban

(referred to in Article 14)

Part 1

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

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

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

Aldrin

Chlordane

Dieldrin

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

Endrin

Heptachlor

Hexachlorobenzene

Mirex

Toxaphene (camphechlor)

EC No 206-215-8,
CAS No 309-00-2,
CN code 2903 52 00

EC No 200-349-0,
CAS No 57-74-9,
CN code 2903 52 00

EC No 200-484-5,
CAS No 60-57-1,
CN code 2910 40 00

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

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

EC No 200-962-3,
CAS No 76-44-8,
CN code 2903 52 00

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

EC No 219-196-6,
CAS No 2385-85-5,
CN code 2903 59 80

EC No 232-283-3,
CAS No 8001-35-2,
CN code 3808 50 00

Polychlorinated biphenyls
(PCBs)

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

Part 2

Chemicals other than persistent organic pollutants as listed in Annexes A and B of the Stockholm Convention on Persistent
Organic Pollutants according to the provisions thereof.

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 codes 3401 11 00, 3401 19 00, 3401 20 10,
3401 20 90, 3401 30 00

31.7.2008

EN

Official Journal of the European Union

L 204/35

ANNEX VI

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

(referred to in Article 15)

Country

Required information