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Export and import of dangerous chemicals is made under the Rotterdam Convention on Prior Informed Consent (PIC). This Convention allows countries to monitor and control the trade and use of certain hazardous chemicals. It puts in place a process where countries that are importing certain dangerous chemicals can refuse them or set out conditions that the imported chemicals must meet.
The European Regulation that implemented the Rotterdam Convention is EC 689/2008
The European Regulation creates a Designated National Authority in every Member State.
What does the law mean?
If you export to countries outside the European Community any chemicals included under this law, you must:
- Fill out a notification form (please see the example notification form ) and send it to the Designated National Authority of the Member State in which the export declaration will be lodged.
- Comply with any instructions or requests for information required by the importing country - POCH S.A. to be able to sell the dangerous chemicals needs to get the CUSTOMER DECLARATION OF THE FINAL USE OF THE PRODUCT
What chemicals are included?
Under this Regulation all exports of chemicals must be packaged and labelled to at least the same standards as those for sale within the European Community. However, if the chemical is included under the Regulation's Annex, you must notify the Designated National Authority. Annex is divided into three parts. There is a different procedure for chemicals included in each part.
- Part 1 lists chemicals that are banned or severely restricted in the EU to protect human health and the environment
- Part 2 lists chemicals that qualify for the PIC notification and import procedures
- Part 3 lists chemicals included under the Rotterdam Convention for the PIC notification and import procedures.
Further information on the PIC process and a link to Annex 1 can be found on the European Database Export Import of Dangerous Chemicals (EDEXIM)
The products which are usually sold are: 1,2-Dichloroetan, chloroform or benzene.
Part 1 Chemicals
- If you are exporting a Part 1 chemical to a country outside the EU and it is the first time you have done so, you must notify your Designated National Authority 30 days before the chemical is exported. Thereafter the first export in each calendar year must be notified at least 15 days before the export takes place.
- Once the DNA has informed you that your notification is in compliance you can export your chemical after the appropriate time limit has elapsed.
Part 2 and 3 Chemicals
- If you are exporting a Part 2 or 3 chemical to a country outside the EU, you must send a notification to the Designated National Authority.
- The Designated National Authority will then seek consent from the importing country
- You cannot export your chemical until the importing country gives consent.
- You may be able to export a Part 2 chemical to OECD countries without consent, subject to approval from the DNA, if the chemical is licensed, registered or authorised in that OECD country at the time of importation.
- You may be able to export a Part 2 or 3 chemical without consent, subject to approval form the DNA, if there is no response to a request for consent within 60 days and there is evidence from official sources in the importing country to show that the chemical is licensed, registered or authorised.
- Once the DNA has informed you that your notification is in compliance you can export your chemical after the appropriate time limit has elapsed.
- If the importing country applies conditions to the import, you must meet them.
For all notifications of chemicals listed in Parts 1,2 and 3 an acceptance letter will be sent from the DNA approving the export and listing any conditions that apply to it. A copy of this letter must accompany the export.
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