CELEX: 51986PC0362(01)
Language: en
Date: 1986-06-25
Title: PROPOSAL FOR A COUNCIL REGULATION CONCERNING EXPORT FROM AND IMPORT INTO THE COMMUNITY OF CERTAIN DANGEROUS CHEMICALS

15.7.86                                       Official Journal of the European Communities                              No C 177/5
                Proposal for a Council Regulation (EEC) concerning export from and import into the
                                                Community of certain dangerous chemicals
                                                            COM(86) 362 final
                                       (Submitted by the Commission to the Council on 2 July 1986)
                                                              (86/C 177/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                 been set up within the framework of international
                                                                         organizations, namely the Organization for Economic
                                                                         Cooperation and Development and the United Nations
Having regard to the Treaty establishing the European                    Environmental Programme;
Economic Community, and in particular Article 113
thereof,
                                                                         Whereas the Community and its Member States have
Having regard to the proposal from the Commission,                       actively participated in the work of these and of other
                                                                         international organizations relating to banned and
                                                                         severely restricted substances;
Having regard to the opinion of the European Parlia-
ment,
                                                                         Whereas it is now in the interest of the Community that
                                                                         these schemes should be implemented;
Having regard to the opinion of the Economic and
Social Committee,
                                                                         Whereas it is necessary to apply uniform Community
                                                                         procedures to exports from the Community of such sub-
Whereas Council Directives 76/769/EEC (') and                            stances;
79/117/EEC (2) are concerned with restricting the
marketing and use of certain dangerous substances and
preparations and with prohibiting the marketing and use                  Whereas it has been generally agreed on the inter-
of plant protection products containing certain active                    national level that these notification schemes should not
substances in the Member States of the Community;                         apply to pharmaceuticals and food additives;
whereas these Directives do not apply to these products
when they are intended for export to third countries;
                                                                         Whereas the export of chemicals which are banned or
                                                                          severely restricted under Community legislation should
Whereas Council Regulations (EEC) No 288/82 (3) and                       be made subject to a common notification procedure
 (EEC) No 2603/69 (4), as last amended by Regulation                      which would permit the Community to notify third
 (EEC) No 1934/82 (5), which concern the common rules                     countries in regard to such exports;
governing imports into and exports from                         the
 Community, authorize Member States to adopt or apply
 export or import prohibitions or measures of surveillance                Whereas, from 31 December 1988, the principle of
 on grounds, inter alia, of protection of health, and life of             informed choice will be introduced whereby the third
 humans, animals and plants;                                              country will be permitted 60 days to react to the
                                                                          Commission's notification;
Whereas international trade in chemicals which are
 banned or severely restricted in the country of export has               Whereas it is necessary to inform all the Member States
 caused international concern on grounds of protection of                 of notifications received from third countries in regard to
 man and the environment;                                                 import into the Community of substances banned or
                                                                          severely restricted under the legislation of those
                                                                          countries;
 Whereas measures are necessary for the protection of
 man and the environment, both in the Community and
 in third countries;                                                      Whereas it is necessary to ensure that the rules applicable
                                                                          within the Community for the packaging and labelling of
                                                                          banned or severely restricted chemicals should apply to
 Whereas schemes for notification and information
                                                                          such chemicals when destined for export;
 concerning international trade in such substances have
 (') OJ No L 262, 27. 9. 1976, p. 201.                                    Whereas the common notification procedures should
 O   OJ No L 33, 8. 2. 1979, p. 36.                                       also provide a basis for an appropriate exchange of
 O   O J N o L 3 5 , 9. 2. 1982, p. 1.                                    information within the Community, including infor-
 (4) OJ No L 324, 27. 12. 1969, p. 25.                                    mation on the implementation of the international
 O   OJNoL211, 20. 7. 1982, p. 1.                                         notification scheme;
 ---pagebreak---  No C 177/6                            Official Journal of the European Communities                                     15.7.86
Whereas the Commission, in the light of the operation of           Member State concerned shall forthwith inform the
 this Regulation, may propose to the Council appropriate           Commission of the intended export and submit all
 amendments thereto;                                              relevant information, in particular that listed in Annex II.
Whereas to facilitate the amendment of Annex II, a
 system should be set up providing for close collaboration        The Commission shall forthwith so notify the designated
between the Member States and the Commission by                   authority of the country of destination by submitting the
 means of the Committee for the adaptation of that                information mentioned in Annex II as well as a summary
Annex to technical progress,                                      of regulatory restrictions in the Community relating to
                                                                  the chemical concerned and shall assign a notification
                                                                  number. The Commission shall send a copy of the
HAS ADOPTED THIS REGULATION:                                      notification to the designated authorities of all Member
                                                                  States and the International Register of Potentially Toxic
                                                                  Chemicals (IRPTC).
                          Article 1
                        Objectives
                                                                  The Commission shall inform the designated authority of
The purpose of this Regulation is to establish common             the Member State of any relevant reaction from the
notification and information procedures for imports and           country of destination.
exports of banned or severely restricted chemicals.
                          Article 2                               4.    If an exporter informs the designated authority of a
                                                                  proposed export of a chemical listed in Annex I which
                                                                  has already and separately been notified to the country
                 Designation of authorities                       of destination, the designated authority shall so inform
 1.   The term 'designated authority' shall refer to the          the exporter, supply him with a copy of the notification
competent authority in each State for the notification            and inform him of any relevant reaction from the
and information procedures with regard to the import              country of destination.
and export of banned or severely restricted chemicals.
2.     Each Member State shall designate an authority.            5.    Every export of the chemical concerned from the
                                                                  Community to the country of destination shall be
                                                                  accompanied by a copy of the Community notification to
3.    The Commission shall act as the Community's
                                                                  the country of destination.
designated authority in accordance with Articles 3, 4
and 7.
                                                                  6.    The Commission shall compile a register of
                         Article 3
                                                                  notifications, which it shall publish in the Official Journal
                                                                  of the European Communities from time to time. The
                 Exports to third countries                       Commission shall inform all national authorities in third
                                                                  countries designated for this purpose and communicated
 1.   For the purposes of this Regulation, 'export' shall         to the IRTPC within the framework of the provisional
mean:
                                                                  notification scheme of the United Nations Environ-
                                                                  mental Programme (UNEP) of the present Community
(a) the permanent or temporary export of products                 measures prohibiting or restricting the marketing and use
     meeting the conditions of Article 9 (2) of the Treaty;       of certain dangerous chemicals, and shall subsequently
                                                                  communicate to them all amended or new controls.
(b) the re-export of products not meeting the conditions
     referred to under (a) and placed under a customs
     procedure other than transit procedures.
                                                                                            Article 4
2.    Before any proposed export from the Community
                                                                      Exports to third countries after 31 December 1988
of any of the chemicals listed in Annex I, on its own or
in preparations, the exporter shall inform the designated         1.    This Article shall apply from 31 December 1988 or
authority of the Member State from which the products             from an earlier date if the Commission publishes a notice
concerned are to be exported. Such information shall be           in the Official Journal of the European Communities
in accordance with the requirements of Annex II.                  stating that agreement has been reached at international
                                                                  level to which all the Member States have assented and
3.    Where the chemical concerned has not previously             which adopts the principle that dangerous chemicals
been the subject of a Community notification to the               should be exported only to States which have previously
country of destination, the designated authority of the           agreed to allow their importation.
 ---pagebreak--- 15.7.86                                 Official Journal of the European Communities                              No C 177/7
2.    The designated authority of the Member State from            man and the environment of the dangerous chemical
which the products concerned are to be exported shall,             substances referred to in paragraph 1 which are not
subject to the provisions of this paragraph and paragraph          listed in Annex I. This evaluation shall be undertaken
3, issue an authorization.                                         within 60 days from the date on which the notification
                                                                   was received by the Member State.
The authorization shall be issued only if the country of
destination consents to the import of the chemical
concerned or if no communication is received from that             4.    If the substances in question are not marketed in
country within 60 days of the date on which notification           the Community at the date of the notification they may
was sent by the Commission.                                        only be imported into Community territory by virtue of
                                                                   an authorization given by the Commission with regard to
3.    In no case shall an authorization under this Article         the evaluation mentioned in paragraph 3.
be given if the country of destination informs the
Commission that it does not consent to the import of the
chemical concerned.
                                                                                                 Article 6
4.    The authorization issued by the designated
authority and referred to in paragraph 2 may be used by
the exporter only within a period of 12 months from its                                Packaging and labelling
date of issue; it shall no longer be valid thereafter. It
shall be accompanied by a copy of the Community                    1.    Any of the chemicals listed in Annex I, which are
notification to the country of destination.                        intended for export, shall be subject to such measures on
                                                                   packaging and labelling established in pursuance of
5.    Every export of the chemical concerned from the              Council Directive 67/548/EEC ('), or, as appropriate, of
Community shall be accompanied by a copy of the                    other directives covering dangerous preparations (2), as
Community notification to the country of destination               are applicable in the Member State from which the
together with a copy of the authorization issued by the            goods are to be exported or in which they have been
designated authority.                                              produced. This obligation shall be without prejudice to
                                                                   any specific requirements of the importing country.
6.    The export declaration relating to the chemical may
be accepted by the competent customs office in the
Member State of exportation only where it is                       2.    The containers and external packaging of any
accompanied by the authorization. After completion of              chemicals listed in Annex I which are intended for export
customs export formalities, the authorization shall be             from the Community shall be clearly marked, in letters
returned to the exporter or his representative.                    of at least one centimetre in height, 'Products exported
                                                                   pursuant to Regulation (EEC) No . . . under Notification
7.    Any decision taken by a Member State in                      No . ..'.
accordance with Article 11 of Regulation (EEC) No
2603/69 affecting the export of chemicals shall be
communicated forthwith to the Commission which shall                                             Article 7
inform the other Member States.
                          Article 5                                          Exchange of information and monitoring
                                                                   The Commission and the Member States shall exchange
             Notification from third countries
                                                                   information and hold consultations on an annual basis
1.    Where the designated authority of a Member State             with regard to the working of the notification system
receives a notification from the designated authority of a         including information from exporting companies on the
third country concerning the export to the Community               measures they taken to ensure that the exported
of a chemical whose manufacture, use, handling,                    chemicals have been put to their intended use and on
consumption, transport and/or sale is subject to                   other measures taken in order to protect man and the
prohibition or substantial legal restriction under that            environment against the risks that may arise from trade
country's legislation, it shall send forthwith to the              in these chemicals. For this purpose the Commission
Commission a copy of that notification together with all
relevant information.
                                                                   (') O J N L 196, 16. 8. 1967, p. 1.
2.    The Commission shall forward forthwith to the                (2) Directive    73/173/EEC,       as amended by   Directive
other Member States any notification received either                   80/781/EEC (OJ No L 189, 11.7. 1973, p. 1 and OJ No
                                                                       L229, 30.8. 1980, p. 57);
directly or indirectly, together with all relevant infor-              Directive    77/728/EEC,       as amended by   Directive
mation available.                                                      83/265/EEC (OJ No L 303, 28. 11. 1977, p. 23 and OJ No
                                                                       L 147, 6.6. 1983, p. 11);
                                                                       Directive    78/631/EEC,       as amended by   Directive
3.    The Commission, in consultation with the Member                  81/187/EEC (OJ No L 206, 29. 7. 1978, p. 13 and OJ No
States, shall undertake the evaluation of the risks for                L 88, 2. 4. 1981, p. 29).
 ---pagebreak--- No C 177/8                                  Official Journal of the European Communities                                        15.7.86
shall establish a list of chemicals banned or severely                      2.    The amendments required for adapting Annex II to
restricted in third countries and shall seek and present to                 scientific and technical progress shall be adopted in
the Member States information on the participation in,                      accordance with the procedure laid down in Article 21 of
coverage and observance of international schemes by                         Council Directive 67/548/EEC.
third countries.
                                                                                                         Article 9
                            Article 8
                                                                            This Regulation shall enter into force on the third day
                                                                            following its publication in the Official Journal of the
                     Updating of Annexes
                                                                            European Communities.
1.    The list of chemicals in Annex I shall be kept under
review and amended as necessary by decisions taken by                       This Regulation shall be binding in its entirety and
the Council on a proposal from the Commission.                              directly applicable in all Member States.
                                                                 ANNEX       I
                              List of chemicals banned or severely restricted for certain uses in the Community
                                         Chemical                                  CAS-Number           EEC Directive concerned
                1. Mercuric oxide
                2. Mercurous chloride (calomel) chloride                           10112-91-1
                3. Other inorganic mercury compounds
                4. Alkyl mercury compounds
                5. Alkoxyalkyl and aryl mercury compounds
                6. Aldrin                                                             309-00-2     -
                7. Chlordane                                                           57-74-9             79/117/EEC
                8. Dieldrin                                                            60-57-1
                9. D D T                                                               50-29-3
              10. Endrin                                                               72-20-8
              11. H C H containing less than 99,0 % of the gamma
                   isomer
              12. Heptachlor                                                           76-44-8
              13. Hexachlorobenzene
              14. Camphechlor (toxaphene)                                                                   83/131/EEC
              15. Polychlorinated biphenyls (PCB), except mono-
                   and dichlorinated biphenyls
              16. Polychlorinated terphenyls (PCT)
              17. Preparations with a PCB or PCT content higher                                            76/769/EEC
                   than 0,01 % by weight                                                                    85/467/EEC
              18. Chloro-1 -ethylene (monomer vinyl chloride)                          75-01-4
              19. Tris (2,3 dibromopropyl) phosphate                                  126-72-7              79/663/EEC
              20. Benzene                                                              71-43-2              82/806/EEC
              21. Tris-aziridinyl-phosphinoxide                                     5455-55-1
                                                                                                         1   83/264/EEC
              22. Polybrominatedbiphenyls (PBB)                                    59536-65-1
              23. Asbestos fibre: Crocidolite                                      12001-28-4               83/478/EEC
                                                                 ANNEX      II
              Information required in an application pursuant to Article 3:
               1. Approximate date of export, port of exit from the Community and country of destination.
 ---pagebreak--- 15. 7. 86                              Official Journal of the European Communities                                   No C 177/9
          2. Identity of the substance or preparation to be exported.
             2.1. Substances:
                  — Name in IUPAC nomenclature,
                  — Other names (usual name, trade name, abbreviation),
                  — CAS-number (if available),
                  — Composition of the substance (impurities, by-products).
             2.2. Preparations:
                  — Trade name or designation of the preparation,
                  — For each substance listed in Annex I amount and details as specified under 2.1.
          3. Intended uses if known.
          4. Name and address of exporter and importer or their representatives.
          5. The name, address, telephone and telex numbers of a person in the exporting firm from whom further
             information can be obtained.
          6. All available and relevant information on precautions to be taken, including category of danger and risk
             and safety phrases.
          7. Summary of regulatory restrictions in the Community and main reasons for such restrictions.
          Recommendation for a Council Decision authorizing the Commission to negotiate on behalf of
          the Community, within the framework of the OECD and UNEP, the notification and
                        consultation procedures concerning trade in certain dangerous chemicals
                                                      COM(86) 362 final
                               (Submitted by the Commission to the Council on 2 July 1986)
                                                        (86/C 177/06)
          THE COUNCIL OF THE EUROPEAN COMMUNITIES,
          Having regard to the Treaty establishing the European Economic Community and, in particu-
          lar Article 113 thereof,
          Having regard to the recommendation from the Commission,
          Having regard to the opinion of the European Parliament,
          Having regard to the opinion of the Economic and Social Committee,
          Whereas in accordance with the guidelines laid down in the recommendations of the Council
          of the OECD of 4 April 1984 and the Council of U N E P of 28 May 1984, the current work of
          these two organizations is moving towards a strengthening of existing international legislation
          on trade chemicals that are dangerous for man and the environment;
          Whereas the Community considers it necessary to go further and to amend the procedures laid
          down in this respect;