欧洲议会和理事会条例(EU) No 649/2012,关于危险化学品的进出口(1)
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32012R0649
OJ编号:OJ L 201, 27.7.2012, p. 60-106
中文标题:欧洲议会和理事会条例(EU) No 649/2012,关于危险化学品的进出口(1)
原文标题:Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (1)
分类:11.60.30.20_共同进口管理;11.60.30.30_共同出口管理;15.10.20.50_化学品、工业风险与生物技术
文件类型:二级立法 Regulation|条例
生效日期:2012-08-16
废止日期:2058-12-31
法规全文:查看欧盟官方文件
HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" L 201/60
EN
Official Journal of the European Union
27.7.2012
REGULATION (EU) No 649/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 4 July 2012
concerning the export and import of hazardous chemicals
(recast)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
introduced or clarified and terminology should be aligned
EUROPEAN UNION,
with that used in Regulation (EC) No 1907/2006 of the
European Parliament and of the Council of 18 December
2006 concerning the Registration, Evaluation, Authori
Having regard to the Treaty on the Functioning of the European
sation and Restriction of Chemicals (REACH) and estab
Union, and in particular Article 192(1) and Article 207 thereof,
lishing a European Chemicals Agency ( 6 ), on the one
hand, and Regulation (EC) No
1272/2008 of the
European Parliament and of the Council of 16 December
Having regard to the proposal from the European Commission,
2008 on classification, labelling and packaging of
substances and mixtures ( 7 ) on the other hand. It is
appropriate to ensure that this Regulation reflects the
After transmission of the draft legislative act to the national
transitional provisions of Regulation (EC) No 1272/2008,
parliaments,
in order to avoid any inconsistencies between the
timetable of application of that Regulation and this Regu
lation.
Having regard to the opinion of the European Economic and
Social Committee ( 1 ),
(4)
The Convention allows Parties the right to take action
that is more stringently protective of human health and
After consulting the Committee of the Regions,
the environment than that called for in the Convention,
provided that such action is consistent with the
provisions of the Convention and is in accordance with
Acting in accordance with the ordinary legislative procedure ( 2 ),
international law. It is necessary and appropriate, in order
to ensure a higher level of protection of the environment
and the general public of importing countries, to go
Whereas:
further than the provisions of the Convention in
certain respects.
(1) Regulation
(EC) No
689/2008 of the European
Parliament and of the Council of 17 June 2008
(5) As regards the participation of the Union in the
concerning the export and import of dangerous chemi
Convention, it is essential to have a single contact
cals ( 3 ) has been substantially amended several times.
point for Union interaction with the Secretariat of the
Since further amendments are to be made, Regulation
Convention (the ‘Secretariat’) and other Parties to the
(EC) No 689/2008 should be recast in the interest of
Convention as well as with other countries. The
clarity.
Commission should act as that contact point.
(2) Regulation
(EC)
No
689/2008
implements
the
Rotterdam (6) There is a need to ensure the effective coordination and
Convention on the prior informed consent procedure for
management of technical and administrative aspects of
certain hazardous chemicals and pesticides in inter
this Regulation at Union level. The Member States and
national trade ( 4 ) (the ‘Convention’), which entered into
the European Chemicals Agency established by Regu
force on 24 February 2004, and replaces Regulation (EC)
lation (EC) No 1907/2006 (the ‘Agency’) have the
No 304/2003 of the European Parliament and of the
competence and experience in implementing Union legis
Council of 28 January 2003 concerning the export and
lation on chemicals and international agreements on
import of dangerous chemicals ( 5 ).
chemicals. The Member States and the Agency should,
therefore, carry out tasks with regard to the adminis
trative, technical and scientific aspects of the implemen
(3) For
reasons
of
clarity
and
consistency
with
other
tation of the Convention through this Regulation, as well
relevant Union legislation, certain definitions should be
as the exchange of information. In addition, the
Commission, the Member States and the Agency
( 1 ) OJ C 318, 29.10.2011, p. 163.
should cooperate in order to implement the Union’s
( 2 ) Position of the European Parliament of 10 May 2012 (not yet
international obligations under the Convention effec
published in the Official Journal) and decision of the Council of
tively.
26 June 2012.
( 3 ) OJ L 204, 31.7.2008, p. 1.
( 4 ) OJ L 63, 6.3.2003, p. 29.
( 6 ) OJ L 396, 30.12.2006, p. 1.
( 5 ) OJ L 63, 6.3.2003, p. 1.
( 7 ) OJ L 353, 31.12.2008, p. 1.
EN
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Journal
of
the
European
Union L
201/61
(7) Given
that
certain
tasks
of
the
Commission
should
be (13) Arrangements
are
needed
to
ensure
that
Member
States
transferred to the Agency, the European Database on
and exporters are aware of the decisions of importing
Export and Import of Dangerous Chemicals initially
countries as regards chemicals that are subject to the
established by the Commission should be further
PIC procedure, and that exporters comply with those
developed and maintained by the Agency.
decisions. Furthermore, in order to prevent undesired
exports, no chemicals banned or severely restricted
within the Union that meet the criteria for notification
under the Convention or that are subject to the PIC
(8) Exports
of
hazardous
chemicals
that
are
banned
or
procedure should be exported unless the explicit
severely restricted within the Union should continue to
consent of the importing country concerned has been
be subject to a common export notification procedure.
sought and obtained, whether or not that country is a
Accordingly, hazardous chemicals, whether in the form
Party to the Convention. At the same time, an exemption
of substances on their own or in mixtures or in articles,
from this obligation is appropriate in relation to exports
which have been banned or severely restricted by the
of certain chemicals to countries that are members of the
Union as plant protection products, as other forms of
Organisation for Economic Cooperation and Devel
pesticides, or as industrial chemicals for use by profes
opment (OECD) provided that certain conditions are
sional users or by the public, should be subject to export
met. Furthermore, a procedure is needed to deal with
notification rules similar to those applicable to such
cases in which, despite all reasonable efforts, no
chemicals when they are banned or severely restricted
response is obtained from the importing country, so
within either or both of the use categories laid down
that exports of certain chemicals may proceed on a
in the Convention, namely as pesticides or chemicals
temporary basis under specified conditions. It is also
for industrial use. In addition, chemicals subject to the
necessary to provide for periodic review of all such
international prior informed consent (PIC) procedure (the
cases as well as those in which explicit consent is
‘PIC procedure’) should also be subject to the same
obtained.
export notification rules. That common export notifi
cation procedure should apply to Union exports to all
third countries, whether or not they are Parties to the
Convention or participate in its procedures. Member
(14) It is also important that all chemicals exported have an
States should be permitted to charge administrative
adequate shelf-life so that they may be used effectively
fees, in order to cover their costs in carrying out this
and safely. As regards pesticides, in particular those
procedure.
exported to developing countries, it is essential that
information about appropriate storage conditions be
provided and that suitable packaging and sizes of
containers be used to avoid creating obsolete stocks.
(9) 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
(15) Articles
containing
chemicals
do
not
fall
within
the
scope
down therein can be monitored and assessed.
of the Convention. Nevertheless, it seems appropriate
that articles, as defined in this Regulation, containing
chemicals that could be released under certain conditions
of use or disposal and that are banned or severely
(10) Notifications
to
the
Secretariat
of
Union
or
Member
State
restricted in the Union within one or more of the use
final regulatory actions banning or severely restricting
categories laid down in the Convention or are subject to
chemicals, with a view to their inclusion in the PIC
the PIC procedure should also be subject to the export
procedure, should be submitted by the Commission in
notification rules. Furthermore, certain chemicals and
cases where the criteria laid down in the Convention in
articles containing specific chemicals falling outside the
this regard are met. Additional information to support
scope of the Convention but giving rise to particular
such notifications should be sought where necessary.
concern should not be exported at all.
(11) In
cases
where
Union
or
Member
State
final
regulatory
(16) In
accordance with the Convention, information on
actions do not qualify for notification because they do
transit movements of chemicals subject to the PIC
not meet the criteria laid down in the Convention,
procedure should be provided to Parties to the
information concerning the actions should nevertheless
Convention who request such information.
be conveyed to the Secretariat and other Parties to the
Convention in the interests of exchange of information.
(17) Union rules on packaging and labelling and other safety
information should apply to all chemicals when intended
(12) It
is
also
necessary
to ensure
that
the
Union takes
for export to Parties and other countries unless those
decisions with regard to the import into the Union of
provisions would conflict with any specific requirements
chemicals that are subject to the PIC procedure. These
of those countries, taking into account relevant inter
decisions should be based on applicable Union legislation
national standards. Since Regulation (EC) No 1272/2008
and take into account bans or severe restrictions imposed
established new provisions on classification, labelling and
by Member States. Where justified, amendments to
packaging of substances and mixtures, a reference to that
Union legislation should be proposed.
Regulation should be included in this Regulation.
L 201/62
EN
Official Journal of the European Union
27.7.2012
(18) In
order
to
ensure
effective
control
and
enforcement,
simultaneous, timely and appropriate transmission of
Member States should designate authorities such as
relevant documents to the European Parliament and to
customs authorities that should have the responsibility
the Council.
of controlling imports and exports of chemicals
covered by this Regulation. The Commission, supported
by the Agency, and the Member States have a key role to
(24) In
order
to
ensure
uniform
conditions
for
the
implemen
play and should act in a targeted and coordinated way.
tation of this Regulation, implementing powers should be
Member States should provide for appropriate penalties
conferred on the Commission. Those powers should be
in the event of infringements.
exercised in accordance with Regulation (EU)
No 182/2011 of the European Parliament and of the
Council of 16 February 2011 laying down the rules
(19) In order to facilitate customs control and to reduce the
and general principles concerning mechanisms for
administrative burden for both exporters and authorities,
control by Member States of the Commission’s exercise
a system of codes to be used in export declarations
of implementing powers ( 1 ).
should be established. Special codes should also be
used, as appropriate, for chemicals exported for the
purpose of research or analysis in quantities that are
(25) Since
the
objectives
of
this
Regulation,
namely
to
ensure
unlikely to affect human health or the environment
coherent and effective implementation of the Union’s
and that in any event do not exceed 10 kg from each
obligations under the Convention, cannot be sufficiently
exporter to each importing country per calendar year.
achieved by the Member States and can therefore, by
reason of the necessity to harmonise the rules concerning
imports and exports of hazardous chemicals, be better
(20) Exchange of information, shared responsibility and
achieved at Union level, the Union may adopt measures,
cooperative efforts between the Union and the Member
in accordance with the principle of subsidiarity as set out
States and third countries should be promoted with a
in Article 5 of the Treaty on European Union. In
view to ensuring sound management of chemicals,
accordance with the principle of proportionality, as set
whether or not those third countries are Parties to the
out in that Article, this Regulation does not go beyond
Convention. In particular, technical assistance to
what is necessary in order to achieve those objectives.
developing countries and countries with economies in
transition should be provided directly by the Commission
and the Member States, or indirectly via support for
(26) Regulation
(EC)
No
689/2008
should
be
repealed.
projects by non-governmental organisations, especially
assistance seeking to enable those countries to
implement the Convention, thereby contributing to the
(27) It
is
appropriate
to
provide
for
the
deferred
application
of
prevention of harmful effects of chemicals on human
this Regulation so as to allow the Agency sufficient time
health and the environment.
to prepare for its new role and allowing industry to
familiarise itself with the new procedures,
(21) There
should
be
regular
monitoring
of
the
operation
of
the procedures if they are to be effective. To this end,
HAVE ADOPTED THIS REGULATION:
Member States and the Agency should regularly submit
reports in standardised form to the Commission, which
should in turn regularly report to the European
Article 1
Parliament and the Council.
Objectives
1. The
objectives
of
this
Regulation
are
to:
(22) Technical
notes
for
guidance
should
be
drawn
up
by
the
Agency to assist the designated authorities, including
such authorities as customs authorities controlling
exports, exporters and importers, in the application of
(a) implement the Rotterdam Convention on the Prior
this Regulation.
Informed Consent Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade (the ‘Con
vention’);
(23) In order to adapt this Regulation to technical progress,
the power to adopt acts in accordance with Article 290
of the Treaty on the Functioning of the European Union
(b) promote shared responsibility and cooperative efforts in the
(TFEU) should be delegated to the Commission in respect
international movement of hazardous chemicals in order to
of inclusion of chemicals in Part 1 or 2 of Annex I and
protect human health and the environment from potential
other amendments to that Annex, inclusion of chemicals
harm;
in Part 1 or 2 of Annex V and other amendments to that
Annex, and amendments to Annexes II, III, IV and VI. It
is of particular importance that the Commission carry
(c) contribute to the environmentally sound use of hazardous
out appropriate consultations during its preparatory
chemicals.
work, including at expert level. The Commission, when
preparing and drawing up delegated acts, should ensure a
( 1 ) OJ L 55, 28.2.2011, p. 13.
EN
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of
the
European
Union L
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The objectives set out in the first subparagraph shall be achieved
(d) chemical weapons covered by Council Regulation (EC)
by facilitating the exchange of information concerning the char
No 428/2009 of 5 May 2009 setting up a Community
acteristics of hazardous chemicals, by providing for a decision-
regime for the control of exports, transfer, brokering and
making process within the Union on their import and export
transit of dual-use items ( 4 );
and by disseminating decisions to Parties and other countries as
appropriate.
(e) food and food additives covered by Regulation (EC)
2. In addition to the objectives set out in paragraph 1, this
No 882/2004 of the European Parliament and of the
Regulation shall ensure that the provisions of Regulation (EC)
Council of 29 April 2004 on official controls performed
No 1272/2008 relating to classification, labelling and packaging
to ensure the verification of compliance with feed and food
apply to all chemicals when they are exported from the Member
law, animal health and animal welfare rules ( 5 );
States to other Parties or other countries, unless those
provisions would conflict with any specific requirements of
those Parties or other countries.
(f) 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
Article 2
of food law, establishing the European Food Safety
Scope
Authority and laying down procedures in matters of food
safety ( 6 ), including additives, whether processed, partially
1. This
Regulation
shall
apply
to:
processed or unprocessed, intended to be used for oral
feeding to animals;
(a) certain hazardous chemicals that are subject to the prior
informed consent procedure under the Convention (the
‘PIC procedure’);
(g) 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 ( 7 );
(b) certain hazardous chemicals that are banned or severely
restricted within the Union or a Member State;
(h) save to the extent covered by Article 3(5)(b) of this Regu
(c) chemicals when exported in so far as their classification,
lation, proprietary medicinal products and veterinary
labelling and packaging are concerned.
medicinal products covered by Directive 2001/83/EC of
the European Parliament and of the Council of
6 November 2001 on the Community code relating to
medicinal products for human use
( 8 ) and Directive
2. This
Regulation
shall
not
apply
to
any
of
the
following:
2001/82/EC of the European Parliament and of the
Council of 6 November 2001 on the Community code
relating to veterinary medicinal products ( 9 ) respectively.
(a) narcotic drugs and psychotropic substances covered by
Council Regulation (EC) No 111/2005 of 22 December
2004 laying down rules for the monitoring of trade
between the Community and third countries in drug precur
3. This
Regulation
shall
not
apply
to
chemicals
exported
for
sors (
the purpose of research or analysis in quantities that are
1 );
unlikely to affect human health or the environment and that
in any event do not exceed 10 kg from each exporter to each
importing country per calendar year.
(b) 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
Notwithstanding the first subparagraph, exporters of the
from ionizing radiation ( 2 );
chemicals referred to therein shall obtain a special reference
identification number using the Database referred to in
Article 6(1)(a) and provide that reference identification
number in their export declaration.
(c) wastes covered by Directive 2008/98/EC of the European
Parliament and of the Council of 19 November 2008 on
waste (
(
3 );
4 ) OJ L 134, 29.5.2009, p. 1.
( 5 ) OJ L 165, 30.4.2004, p. 1.
( 6 ) OJ L 31, 1.2.2002, p. 1.
( 1 ) OJ L 22, 26.1.2005, p. 1.
( 7 ) OJ L 106, 17.4.2001, p. 1.
( 2 ) OJ L 159, 29.6.1996, p. 1.
( 8 ) OJ L 311, 28.11.2001, p. 67.
( 3 ) OJ L 312, 22.11.2008, p. 3.
( 9 ) OJ L 311, 28.11.2001, p. 1.
L 201/64
EN
Official Journal of the European Union
27.7.2012
Article 3
(6) ‘industrial chemicals’ means chemicals in either of the
following subcategories:
Definitions
For the purposes of this Regulation, the following definitions
shall apply:
(a) chemicals for use by professionals;
(1) ‘chemical’ means a substance, whether by itself or in a
(b) chemicals for use by the public;
mixture, or a mixture, whether manufactured or obtained
from nature, but does not include living organisms, which
belongs to either of the following categories:
(7) ‘chemical subject to export notification’ means any
chemical that is banned or severely restricted within the
Union within one or more categories or subcategories, and
any chemical listed in Part 1 of Annex I that is subject to
(a) pesticides, including severely hazardous pesticide
the PIC procedure;
formulations;
(8) ‘chemical qualifying for PIC notification’ means any
(b) industrial chemicals;
chemical that is banned or severely restricted within the
Union or a Member State within one or more categories.
Chemicals banned or severely restricted in the Union
(2) ‘substance’ means any chemical element and its
within one or more categories are listed in Part 2 of
compounds as defined in point 1 of Article 3 of Regu
Annex I;
lation (EC) No 1907/2006;
(9) ‘chemical subject to the PIC procedure’ means any
chemical listed in Annex III to the Convention and in
(3) ‘mixture’ means a mixture or a solution as defined in point
Part 3 of Annex I to this Regulation;
8 of Article 2 of Regulation (EC) No 1272/2008;
(10) ‘banned chemical’ means either of the following:
(4) ‘article’
means
a
finished
product
containing
or
including
a
chemical, the use of which has been banned or severely
restricted by Union legislation in that particular product
where that product does not fall under point 2 or 3;
(a) a chemical all uses of which within one or more
categories or subcategories have been prohibited by
final regulatory action by the Union in order to
protect human health or the environment;
(5) ‘pesticides’ means chemicals in either of the following
subcategories:
(b) a chemical that has been refused approval for first-time
use or has been withdrawn by industry either from the
(a) pesticides used as plant protection products covered by
Union market or from further consideration in a
Regulation (EC) No
1107/2009 of the European
notification, registration or approval process and
Parliament and of the Council of 21 October 2009
where there is evidence that the chemical raises
concerning the placing of plant protection products
concern for human health or the environment;
on the market ( 1 );
(11) ‘severely restricted chemical’ means either of the following:
(b) other pesticides, such as:
(a) a chemical, virtually all use of which within one or
more categories or subcategories has been prohibited
(i) biocidal products under Directive 98/8/EC of the
by final regulatory action by the Union in order to
European Parliament and of the Council of
protect human health or the environment, but for
16 February 1998 concerning the placing of
which certain specific uses remain allowed;
biocidal products on the market ( 2 ); and
(b) a chemical that has, for virtually all uses, been refused
(ii) disinfectants, insecticides and parasiticides covered
for approval or been withdrawn by industry either
by Directives 2001/82/EC and 2001/83/EC;
from the Union market or from further consideration
in a notification, registration or approval process, and
( 1 ) OJ L 309, 24.11.2009, p. 1.
where there is evidence that the chemical raises
( 2 ) OJ L 123, 24.4.1998, p. 1.
concern for human health or the environment;
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Union L
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(12) ‘chemical banned or severely restricted by a Member State’
pursuant to the contract on which the export is based,
means any chemical that is banned or severely restricted
the contracting party established in the Union;
by national final regulatory action of a Member State;
(13) ‘final regulatory action’ means a legally binding act the
(19) ‘importer’ means any natural or legal person who at the
purpose of which is to ban or severely restrict a chemical;
time of import into the customs territory of the Union is
the consignee for the chemical;
(14) ‘severely hazardous pesticide formulation’ means a
chemical formulated for use as a pesticide that produces
severe health or environmental effects observable within a
(20) ‘Party to the Convention’ or ‘Party’ means a State or a
short period of time after single or multiple exposure,
regional economic integration organisation that has
under conditions of use;
consented to be bound by the Convention and for
which the Convention is in force;
(15) ‘customs territory of the Union’ means the territory as
determined in Article 3 of Council Regulation (EEC)
No 2913/92 of 12 October 1992 establishing the
(21) ‘other country’ means any country that is not a Party;
Community Customs Code ( 1 );
(22) ‘Agency’ means the European Chemicals Agency estab
(16) ‘export’ means the following:
lished under Regulation (EC) No 1907/2006;
(a) the permanent or temporary export of a chemical
meeting the conditions of Article 28(2) TFEU;
(23) ‘Secretariat’ means the Secretariat of the Convention,
unless otherwise specified in this Regulation.
(b) the re-export of a chemical not meeting the conditions
of Article 28(2) TFEU which is placed under a customs
procedure other than the external Union transit
Article 4
procedure for movement of goods through the
customs territory of the Union;
Designated national authorities of the Member States
Each Member State shall designate the authority or authorities
(the ‘designated national authority’ or the ‘designated national
(17) ‘import’ means the physical introduction into the customs
authorities’) to carry out the administrative functions required
territory of the Union of a chemical that is placed under a
by this Regulation, unless it has already done so before the
customs procedure other than the external Union transit
entry into force of this Regulation.
procedure for movement of goods through the customs
territory of the Union;
It shall inform the Commission of such designation by
(18) ‘exporter’ means any of the following persons, whether
17 November 2012, unless that information has been already
natural or legal:
provided before entry into force of this Regulation, and shall
also inform the Commission of any change of designated
national authority.
(a) the person on whose behalf an export declaration is
made, that is to say the person who, at the time the
declaration is accepted, holds the contract with the
consignee in a Party or other country and has the
Article 5
power to determine that the chemical be sent out of
the customs territory of the Union;
Participation of the Union in the Convention
1. Participation
in
the
Convention
shall
be
a
joint
responsi
bility of the Commission and the Member States, in particular
(b) where no export contract has been concluded or
as regards technical assistance, the exchange of information and
where the holder of the contract does not act on its
matters relating to dispute settlement, participation in subsidiary
own behalf, the person who has the power to
bodies and voting.
determine that the chemical be sent out of the
customs territory of the Union;
2. The
Commission
shall
act
as
a
common
designated
(c) where the benefit of a right to dispose of the chemical
authority for the administrative functions of the Convention
belongs to a person established outside the Union
with reference to the PIC procedure on behalf of and in close
cooperation and consultation with all the designated national
( 1 ) OJ L 302, 19.10.1992, p. 1.
authorities of the Member States.
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Official Journal of the European Union
27.7.2012
The Commission shall, in particular, be responsible for the
assistance and technical and scientific guidance in order to
following:
ensure the effective application of this Regulation;
(a) the transmission of Union export notifications to Parties
and other countries pursuant to Article 8;
(e) at the request of Member State or Commission experts of
the Chemical Review Committee, and within the available
resources, provide input in drafting of decision guidance
(b) the submission to the Secretariat of notifications of relevant
documents referred to in Article 7 of the Convention and
final regulatory actions concerning chemicals qualifying for
other technical documents related to the implementation of
PIC notification pursuant to Article 11;
the Convention;
(c) the transmission of information concerning other final regu
latory actions involving chemicals not qualifying for PIC
(f) upon request, provide the Commission with technical and
notification in accordance with Article 12;
scientific input and assist it in order to ensure the effective
implementation of this Regulation;
(d) the receiving of information from the Secretariat more
generally.
(g) upon request, provide the Commission with technical and
scientific input and assist it in exercising its role as the
The Commission shall also provide the Secretariat with Union
common designated authority of the Union.
import responses for chemicals subject to the PIC procedure
pursuant to Article 13.
2. The
Secretariat
of
the
Agency
shall
carry
out
the
tasks
In addition, the Commission shall coordinate the Union input
allocated to the Agency under this Regulation.
on all technical issues relating to the following:
(a) the Convention;
Article 7
Chemicals subject to export notification, chemicals
(b) the preparation of the Conference of the Parties established
qualifying for PIC notification, and chemicals subject to
by Article 18(1) of the Convention;
the PIC procedure
(c) the Chemical Review Committee established in accordance
1. The
chemicals
subject
to
export
notification,
the
chemicals
with Article 18(6) of the Convention (the ‘Chemical Review
qualifying for PIC notification and the chemicals subject to the
Committee’);
PIC procedure shall be as listed in Annex I.
(d) other subsidiary bodies of the Conference of the Parties.
2. Chemicals
listed
in
Annex
I
shall
be
assigned
to
one
or
more of three groups of chemicals, set out as Parts 1, 2 and 3
3. The
Commission
and
the
Member
States
shall
take
the of that Annex.
necessary initiatives to ensure appropriate representation of
the Union in the various bodies implementing the Convention.
The chemicals listed in Part 1 of Annex I shall be subject to the
Article 6
export notification procedure laid down in Article 8, with
detailed information being given on the identity of the
Tasks of the Agency
substance, on the use category and/or subcategory subject to
restriction, the type of restriction and, where appropriate,
1. The Agency shall, in addition to the tasks allocated to it
additional information, in particular on exemptions to
under Articles 7, 8, 9, 10, 11, 13, 14, 15, 18, 19, 20, 21, 22
requirements for export notification.
and 25, carry out the following tasks:
(a) maintain, further develop and regularly update a database
The chemicals listed in Part 2 of Annex I shall, in addition to
on export and import of hazardous chemicals (the ‘Data
being subject to the export notification procedure laid down in
base’);
Article 8, qualify for the PIC notification procedure set out in
Article 11, with detailed information being given on the identity
(b) make the Database publicly available on its website;
of the substance and on the use category.
(c) where appropriate, provide, with the agreement of the
The chemicals listed in Part 3 of Annex I shall be subject to the
Commission and after consultations with Member States,
PIC procedure with the use category being given and, where
assistance and technical and scientific guidance and tools
appropriate, additional information, in particular on any
for the industry in order to ensure the effective application
requirements for export notification.
of this Regulation;
(d) provide, with the agreement of the Commission, the
3. The lists set out in Annex I shall be made publicly
designated national authorities of the Member States with
available by means of the Database.
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Article 8
4. A
new
export
notification
shall
be
made
in
accordance
with paragraph 2 for exports which take place subsequent to
Export notifications forwarded to Parties and other
the entry into force of amendments to Union legislation
countries
concerning the marketing, use or labelling of the substances
1. In the case of substances listed in Part 1 of Annex I or
in question or whenever the composition of the mixture in
mixtures containing such substances in a concentration that
question changes so that the labelling of such mixture is
triggers labelling obligations under Regulation (EC)
altered. The new notification shall comply with the information
No 1272/2008 irrespective of the presence of any other
requirements laid down in Annex II and shall indicate that it is
substances, paragraphs 2 to 8 of this Article shall apply
a revision of a previous notification.
regardless of the intended use of the chemical in the
importing Party or other country.
5. Where
the
export
of
a
chemical
relates
to
an
emergency
situation in which any delay may endanger public health or the
environment in the importing Party or other country, an
2. When
an
exporter
is
due
to
export
a
chemical
referred
to exemption from the obligations set out in paragraphs 2, 3
in paragraph 1 from the Union to a Party or other country for
and 4 in whole or in part may be granted at the reasoned
the first time on or after the date on which it becomes subject
request of the exporter or the importing Party or other
to this Regulation, the exporter shall notify the designated
country and at the discretion of the designated national
national authority of the Member State in which he is estab
authority of the exporter’s Member State, in consultation with
lished (the ‘exporter’s Member State’), no later than 35 days
the Commission assisted by the Agency. A decision on the
before the expected date of export. Thereafter the exporter
request shall be considered to have been made in consultation
shall notify that designated national authority of the first
with the Commission if there is no dissenting response from the
export of the chemical each calendar year no later than
Commission within 10 days of the designated national authority
35 days before the export takes place. The notifications shall
of the Member State sending it details of the request.
comply with the information requirements laid down in Annex
II and shall be made available to the Commission and to the
Member States by means of the Database.
6. Without prejudice to the obligations set out in
Article 19(2), the obligations set out in paragraphs 2, 3 and
4 of this Article shall cease when all of the following conditions
The designated national authority of the exporter’s Member
are fulfilled:
State shall check compliance of the information with Annex
II and if the notification is complete forward it to the Agency
no later than 25 days before the expected date of export.
(a) the chemical has become a chemical subject to the PIC
procedure;
The Agency shall, on behalf of the Commission, transmit the
(b) the importing country is a Party to the Convention and has
notification to the designated national authority of the
provided the Secretariat with a response in accordance with
importing Party or the appropriate authority of the importing
Article 10(2) of the Convention indicating whether or not it
other country and take the measures necessary to ensure that
consents to import of the chemical; and
they receive that notification no later than 15 days before the
first intended export of the chemical and thereafter no later
than 15 days before the first export in any subsequent
calendar year.
(c) the Commission has been informed of that response by the
Secretariat and has forwarded that information to the
Member States and the Agency.
The Agency shall register each export notification and assign it
a reference identification number in the Database. The Agency
Notwithstanding the first subparagraph of this paragraph, the
shall also make available to the public and the designated
obligations set out in paragraphs 2, 3 and 4 of this Article shall
national authorities of the Member States, as appropriate, an
not cease where an importing country is a Party to the
updated list of the chemicals concerned and the importing
Convention and explicitly requires continued export notification
Parties and other countries for each calendar year by means
by exporting Parties, for example through its import decision or
of the Database.
otherwise.
3. If the Agency does not receive from the importing Party
Without prejudice to the obligations set out in Article 19(2), the
or other country an acknowledgement of receipt of the first
obligations set out in paragraphs 2, 3 and 4 of this Article shall
export notification made after the chemical is included in Part
also cease when both of the following conditions are fulfilled:
1 of Annex I within 30 days of the dispatch of such notifi
cation, it shall, on behalf of the Commission, submit a second
notification. The Agency shall, on behalf of the Commission,
(a) the designated national authority of the importing Party or
make reasonable efforts to ensure that the designated national
the appropriate authority of the importing other country
authority of the importing Party or the appropriate authority of
has waived the requirement to be notified before the
the importing other country receives the second notification.
export of the chemical; and
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(b) the Commission has received the information from the
(b) mixtures containing such substances in a concentration that
Secretariat or from the designated national authority of
triggers labelling obligations under Regulation (EC)
the importing Party or the appropriate authority of the
No 1272/2008 irrespective of the presence of any other
importing other country and has forwarded it to the
substances; or
Member States and the Agency, which has made it
available by means of the Database.
(c) articles containing substances listed in Part 2 or 3 of
Annex I in unreacted form or mixtures containing such
7. The
Commission,
the
relevant
designated
national
auth
substances in a concentration that triggers labelling
orities of the Member States, the Agency and the exporters
obligations under Regulation (EC) No 1272/2008 irre
shall, on request, provide importing Parties and other
spective of the presence of any other substances;
countries with available additional information concerning the
exported chemicals.
shall, during the first quarter of each year, inform the designated
national authority of the exporter’s Member State regarding the
8. Member
States
may
establish,
in
a
transparent
manner, quantity of the chemical, as a substance and as contained in
systems obliging exporters to pay an administrative fee for
mixtures or in articles, shipped to each Party or other country
each export notification made and for each request for
during the preceding year. That information shall be given
explicit consent made, corresponding to the costs they incur
together with a list of the names and addresses of each
in carrying out the procedures set out in paragraphs 2 and 4
natural or legal person importing the chemical into a Party or
of this Article and in Article 14(6) and (7).
other country to which shipment took place during the same
period. That information shall list separately exports pursuant to
Article 14(7).
Article 9
Export notifications received from Parties and other
countries
Each importer within the Union shall provide the equivalent
information for the quantities imported into the Union.
1. Export
notifications
received
by
the
Agency
from
the
designated national authorities of Parties or the appropriate
authorities of other countries concerning the export to the
2. At the request of the Commission, assisted by the Agency,
Union of a chemical the manufacture, use, handling,
or the designated national authority of its Member State, the
consumption, transport or sale of which is subject to
exporter or importer shall provide any additional information
prohibition or severe restriction under that Party’s or other
relating to chemicals that is necessary to implement this Regu
country’s legislation shall be made available by means of the
lation.
Database within 15 days of the Agency’s receipt of such notifi
cation.
3. Each Member State shall provide the Agency each year
The Agency shall, on behalf of the Commission, acknowledge
with aggregated information in accordance with Annex III.
receipt of the first export notification received for each chemical
The Agency shall summarise that information at Union level
from each Party or other country.
and shall make the non-confidential information publicly
available by means of the Database.
The designated national authority of the Member State receiving
that import shall receive a copy of any notification received by
Article 11
the Agency, within 10 days of its receipt, together with all
available information. Other Member States shall be entitled
Notification of banned or severely restricted chemicals
to receive copies on request.
under the Convention
1. The
Commission
shall
notify
the
Secretariat
in
writing
of
the chemicals listed in Part 2 of Annex I, which qualify for PIC
2. Where the Commission or the designated national auth
notification.
orities of the Member States receive any export notifications
either directly or indirectly from the designated national auth
orities of Parties or the appropriate authorities of other coun
2. Whenever
further
chemicals
are
added
to
Part
2
of
tries, they shall immediately forward those notifications to the
Annex I pursuant to the second subparagraph of Article 23(2),
Agency together with all available information.
the Commission shall notify those chemicals to the Secretariat.
That PIC notification shall be submitted as soon as possible
after adoption of the relevant final regulatory action at Union
Article 10
level banning or severely restricting the chemical, and no later
than 90 days after the date on which the final regulatory action
Information on export and import of chemicals
is to be applied.
1. Each exporter of one or more of the following:
3. The
PIC
notification
shall
provide
all
relevant
information
(a) substances listed in Annex I;
required in Annex IV.
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4. In
determining
priorities
for
notifications,
the
Commission
(b) provide the information to the Secretariat, pursuant to
shall take into account whether the chemical is already listed in
Article 12.
Part 3 of Annex I, the extent 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
Article 12
for developing countries.
Information to be transmitted to the Secretariat
concerning banned or severely restricted chemicals not
Where a chemical qualifies for PIC notification, but the
qualifying for PIC notification
information is insufficient to meet the requirements of
In the case of chemicals listed only in Part 1 of Annex I or
Annex IV, identified exporters or importers shall, upon
following receipt of information from a Member State pursuant
request by the Commission, provide all relevant information
to point (b) of Article 11(8), the Commission shall provide the
available to them, including that from other national or inter
Secretariat with information concerning the relevant final regu
national chemical control programmes, within 60 days of the
latory actions, so that the information can be disseminated to
request.
other Parties to the Convention as appropriate.
5. The
Commission
shall
notify
the
Secretariat
in
writing
Article 13
when a final regulatory action notified under paragraphs 1 or
2 is amended as soon as possible after adoption of the new final
Obligations in relation to import of chemicals
regulatory action, and no later than 60 days after the date on
which the new final regulatory action is to be applied.
1. The
Commission
shall
immediately
forward
to
the
Member States and the Agency any decision guidance
documents which it receives from the Secretariat.
The Commission shall provide all relevant information that was
not available at the time the initial notification was made under
paragraphs 1 or 2 respectively.
The Commission shall, by means of an implementing act, adopt
an import decision in the form of a final or interim import
response on behalf of the Union concerning the future import
6. At
the
request
of
any
Party
or
the
Secretariat,
the of the chemical concerned. That implementing act shall be
Commission shall provide additional information concerning
adopted in accordance with the advisory procedure referred to
the chemical or the final regulatory action, as far as practicable.
in Article 27(2). The Commission shall communicate the
decision to the Secretariat as soon as possible, and no later
than nine months after the date of dispatch of the decision
The Member States and the Agency shall, upon request, assist
guidance document by the Secretariat.
the Commission as necessary in compiling that information.
Where a chemical becomes subject to additional or amended
7. The
Commission
shall
forward
immediately
to
the restrictions under Union legislation, the Commission shall, by
Member States and the Agency information that it receives
means of an implementing act, adopt a revised import decision.
from the Secretariat regarding chemicals notified as banned or
That implementing act shall be adopted in accordance with the
severely restricted by other Parties.
advisory procedure referred to in Article 27(2). The
Commission shall communicate the revised import decision to
the Secretariat.
Where appropriate, the Commission shall evaluate, in close
cooperation with the Member States and the Agency, the
need to propose measures at Union level in order to prevent
2. In the case of a chemical banned or severely restricted by
any unacceptable risks to human health or the environment
one or more Member States, the Commission shall, at the
within the Union.
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 Union legislation to
3. An import decision under paragraph 1 shall relate to the
ban or severely restrict a chemical, it shall provide the
category or categories specified for the chemical in the decision
Commission with relevant information. The Commission shall
guidance document.
make that information available to the Member States. Within
four weeks of that information having been made available,
Member States may send comments on a possible PIC notifi
4. When communicating the import decision to the Secre
cation, including, in particular, relevant information about their
tariat, the Commission shall provide a description of the legis
national regulatory position in respect of the chemical to the
lative or administrative measure upon which it is based.
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
5. Each
designated
national
authority
of
the
Member
States
Commission whether the latter has to:
shall make the import decisions under paragraph 1 available to
those concerned within its competence, in accordance with its
legislative or administrative measures. The Agency shall make
(a) make a PIC notification to the Secretariat, pursuant to this
the import decisions under paragraph 1 publicly available by
Article; or
means of the Database.
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6. Where
appropriate,
the
Commission
shall
evaluate,
in (a) explicit consent to import has been sought and received by
close cooperation with the Member States and the Agency,
the exporter through the designated national authority of
the need to propose measures at Union level in order to
the exporter’s Member State in consultation with the
prevent any unacceptable risks to human health or the
Commission, assisted by the Agency, and the designated
environment within the Union, taking into account the
national authority of the importing Party or an appropriate
information given in the decision guidance document.
authority in an importing other country;
Article 14
(b) in the case of chemicals listed in Part 3 of Annex I, the
latest circular issued by the Secretariat pursuant to
Obligations in relation to export of chemicals other than
paragraph 1 indicates that the importing Party has given
export notification
consent to import.
1. The
Commission
shall
immediately
forward
to
the
Member States, the Agency and European industry associations
the information which it receives, whether in the form of
In the case of chemicals listed in Part 2 of Annex I that are to
circulars or otherwise, from the Secretariat regarding
be exported to OECD countries, the designated national
chemicals subject to the PIC procedure and the decisions of
authority of the exporter’s Member State may, at the request
importing Parties regarding import conditions applicable to
of the exporter, in consultation with the Commission and on a
those chemicals. It shall also immediately forward to the
case-by-case basis, decide that no explicit consent is required if
Member States and the Agency information concerning any
the chemical, at the time of importation into the OECD country
cases of failure to transmit a response in accordance with
concerned, is licensed, registered or authorised in that OECD
Article 10(2) of the Convention. The Agency shall assign each
country.
import decision a reference identification number and keep all
information regarding such decisions publicly available by
means of the Database, and provide anyone with that
information upon request.
Where explicit consent has been sought pursuant to point (a) of
the first subparagraph, if the Agency has not received a
response to the request within 30 days, the Agency shall, on
behalf of the Commission, send a reminder unless the
2. The
Commission
shall
assign
each
chemical
listed
in Commission or the designated national authority of the
Annex I a classification in the European Union’s Combined
exporter’s Member State received a response and forwarded it
Nomenclature. Those classifications shall be revised as
to the Agency. Where appropriate, if there is still no response
necessary in the light of any changes made in the World
within a further 30 days, the Agency may send further
Customs Organisation’s Harmonised System Nomenclature or
reminders as necessary.
in the European Union’s Combined Nomenclature for the
chemicals concerned.
7. In the case of chemicals listed in Part 2 or 3 of Annex I,
the designated national authority of the exporter’s Member State
3. Each
Member
State
shall
communicate
the
information may, in consultation with the Commission assisted by the
and decisions forwarded by the Commission under paragraph
Agency, on a case-by-case basis and subject to the second
1 to those concerned within its jurisdiction.
subparagraph, decide that the export may proceed, if no
evidence from official sources of final regulatory action to
ban or severely restrict the use of the chemical taken by the
importing Party or other country exists and if, after all
4. Exporters
shall
comply
with
decisions
in
each
import reasonable efforts, no response to a request for explicit
response no later than six months after the Secretariat first
consent pursuant to point (a) of paragraph 6 has been
informs the Commission of such decisions under paragraph 1.
received within 60 days and where one of the following
conditions is met:
5. The
Commission,
assisted
by
the
Agency,
and
the
Member
States shall advise and assist importing Parties, upon request
(a) there is evidence from official sources in the importing Party
and as appropriate, in obtaining further information needed
or other country that the chemical is licensed, registered or
to prepare a response to the Secretariat concerning the
authorised; or
import of a given chemical.
(b) the intended use declared in the export notification and
6. Substances listed in Part 2 or 3 of Annex I or mixtures
confirmed in writing by the natural or legal person
containing such substances in a concentration that triggers
importing the chemical into a Party or other country, is
labelling obligations under Regulation (EC) No 1272/2008 irre
not in a category for which the chemical is listed in Part
spective of the presence of any other substances shall, regardless
2 or 3 of Annex I, and there is evidence from official
of their intended use in the importing Party or other country,
sources that the chemical has in the last five years been
not be exported unless either of the following conditions is
used in or imported into the importing Party or other
fulfilled:
country concerned.
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In the case of chemicals listed in Part 3 of Annex I, an export
of the chemical render that impracticable. In particular, in the
based on the fulfilment of the condition under point (b) may
case of pesticides, exporters shall ensure that the size and
not proceed if the chemical has been classified in accordance
packaging of containers is optimised so as to minimise the
with Regulation (EC) No 1272/2008 as carcinogenic category
risk of creating obsolete stocks.
1A or 1B, or mutagenic category 1A or 1B, or toxic for repro
duction category 1A or 1B or the chemical fulfils the criteria of
Annex XIII to Regulation (EC) No 1907/2006 for being
11. When
exporting
pesticides,
exporters
shall
ensure
that
persistent, bioaccumulative and toxic or very persistent and
the label contains specific information about storage conditions
very bioaccumulative.
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
When deciding on the export of chemicals listed in Part 3 of
specification laid down in Union legislation.
Annex I, the designated national authority of the exporter’s
Member State shall, in consultation with the Commission
assisted by the Agency, consider the possible impact on
Article 15
human health or the environment of the use of the chemical
in the importing Party or other country, and submit relevant
Export of certain chemicals and articles
documentation to the Agency, to be made available by means
of the Database.
1. Articles
shall
be
subject
to
the
export
notification
procedure laid down in Article 8 if they contain any of the
following:
8. The
validity
of
each
explicit
consent
obtained
pursuant
to
point (a) of paragraph 6 or decision to proceed with export in
the absence of explicit consent pursuant to paragraph 7 shall be
(a) substances listed in Part 2 or 3 of Annex I in unreacted
subject to periodic review by the Commission in consultation
form;
with the Member States concerned as follows:
(b) mixtures containing such substances in a concentration that
triggers labelling obligations under Regulation (EC)
(a) for each explicit consent obtained pursuant to point (a) of
No 1272/2008 irrespective of the presence of any other
paragraph 6 a new explicit consent shall be required by the
substances.
end of the third calendar year after the consent was given,
unless the terms of that consent require otherwise;
2. Chemicals and articles the use of which is prohibited in
the Union for the protection of human health or the
(b) unless a response to a request has been received in the
environment, as listed in Annex V, shall not be exported.
meantime, each decision to proceed without explicit
consent pursuant to paragraph 7 shall be valid for a
maximum period of 12 months, upon expiry of which
explicit consent shall be required.
Article 16
Information on transit movements
1. Parties to the Convention requiring information
In the cases referred to in point (a) of the first subparagraph,
concerning transit movements of chemicals subject to the PIC
exports may, however, continue after the end of the relevant
procedure, together with the information requested by each
period, pending a response to a new request for explicit
Party to the Convention through the Secretariat, shall be as
consent, for an additional period of 12 months.
listed in Annex VI.
9. The
Agency
shall
register
all
requests
for
explicit
consent, 2. Where
a
chemical
listed
in
Part
3
of
Annex
I
is
trans
responses obtained and decisions to proceed without explicit
ported through the territory of a Party to the Convention listed
consent, including the documentation referred to in the third
in Annex VI, the exporter shall, as far as practicable, provide the
subparagraph of paragraph 7, in the Database. Each explicit
designated national authority of the exporter’s Member State
consent obtained or decision to proceed without explicit
with the information required by the Party to the Convention
consent shall be assigned a reference identification number
in accordance with Annex VI no later than 30 days before the
and shall be listed with all relevant information concerning
first transit movement takes place and no later than eight days
any conditions attached, such as validity dates. The non-
before each subsequent transit movement.
confidential information shall be made publicly available by
means of the Database.
3. The
designated
national
authority
of
the
exporter’s
Member State shall forward to the Commission with a copy
10. No
chemical
shall
be
exported
later
than
six
months to the Agency, the information received from the exporter
before its expiry date, where such a date exists or can be
under paragraph 2 together with any additional information
inferred from the production date, unless the intrinsic properties
available.
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4. The
Commission
shall
forward
the
information
received coordinate a network of the Member States’ authorities
under paragraph 3 to the designated national authorities of
responsible for enforcement of this Regulation.
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.
3. Each
Member
State
shall,
in
its
regular
reports
on
the
operation of procedures pursuant to Article 22(1), include
details of the activities of its authorities in that regard.
Article 17
Information to accompany exported chemicals
Article 19
1. Chemicals
that
are
intended
for
export
shall
be
subject
to
Further obligations of exporters
the provisions on packaging and labelling established in, or
1. Exporters
of
chemicals
subject
to
the
obligations
set
out
in
pursuant to, Regulation (EC) No
1107/2009, Directive
Article 8(2) and (4) shall provide the applicable reference identi
98/8/EC and Regulation (EC) No 1272/2008, or any other
fication numbers in their export declaration (box 44 of the
relevant Union legislation.
Single Administrative Documents or corresponding data
element in an electronic export declaration) as referred to in
Article 161(5) of Regulation (EEC) No 2913/92.
The first subparagraph shall apply unless those provisions
would conflict with any specific requirements of the
importing Parties or other countries.
2. Exporters
of
chemicals
exempted
by
Article
8(5)
from
the
obligations set out in paragraphs 2 and 4 of that Article or of
chemicals for which those obligations have ceased in
accordance with Article 8(6) shall obtain a special reference
2. Where appropriate, the expiry date and the production
identification number using the Database and provide that
date of chemicals referred to in paragraph 1 or listed in
reference identification number in their export declaration.
Annex I shall be indicated on the label, and if necessary such
expiry dates shall be given for different climate zones.
3. Where
requested
by
the
Agency,
exporters
shall
use
the
Database for the submission of information required for the
3. A
safety
data
sheet
in
accordance
with
Regulation
(EC) fulfilment of their obligations under this Regulation.
No 1907/2006 shall accompany chemicals referred to in
paragraph 1 when exported. The exporter shall send such a
safety data sheet to each natural or legal person importing
the chemical into a Party or other country.
Article 20
Exchange of information
1. The
Commission,
assisted
by
the
Agency,
and
the
Member
4. The information on the label and on the safety data sheet
States shall, as appropriate, facilitate the provision of scientific,
shall as far as practicable be given in the official languages, or in
technical, economic and legal information concerning chemicals
one or more of the principal languages, of the country of
subject to this Regulation, including toxicological, ecotoxico
destination or of the area of intended use.
logical and safety information.
Article 18
The Commission, with the support of the Member States and
the Agency as necessary, shall, as appropriate, ensure the
Obligations of the authorities of the Member States for
following:
controlling import and export
1. Each
Member
State
shall
designate
authorities
such
as
customs authorities that shall have the responsibility of
(a) the provision of publicly available information concerning
controlling the import and export of chemicals listed in
regulatory actions relevant to the objectives of the
Annex I, unless it has already done so before the entry into
Convention;
force of this Regulation.
(b) the provision of information for Parties and other countries
The Commission, supported by the Agency, and the Member
directly or through the Secretariat concerning those actions
States shall act in a targeted and coordinated way in monitoring
which substantially restrict one or more uses of a chemical.
exporters’ compliance with this Regulation.
2. The Commission, the Member States and the Agency shall
2. The
Forum
for
Exchange
of
Information
on
Enforcement protect any confidential information received from a Party or
established by Regulation (EC) No 1907/2006 shall be used to
other country as mutually agreed.
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3. As
regards
the
transmission
of
information
under
this chemicals management, by providing information concerning
Regulation, and without prejudice to Directive 2003/4/EC of
the projects they are supporting or financing to improve the
the European Parliament and of the Council of 28 January
management of chemicals in developing countries and countries
2003 on public access to environmental information ( 1 ), the
with economies in transition. The Commission and the Member
following information at least shall not be regarded as
States shall also consider giving support to non-governmental
confidential:
organisations.
(a) the information specified in Annex II and Annex IV;
Article 22
Monitoring and reporting
(b) the information contained in safety data sheets referred to
in Article 17(3);
1. Member
States
and
the
Agency
shall
forward
information
to the Commission every three years concerning the operation
of the procedures provided for in this Regulation, including
(c) the expiry date of a chemical;
customs controls, infringements, penalties and remedial action,
as appropriate. The Commission shall adopt an implementing
act laying down in advance a common format for reporting.
(d) the production date of a chemical;
That implementing act shall be adopted in accordance with the
advisory procedure referred to in Article 27(2).
(e) information concerning precautionary measures, including
hazard classification, the nature of the risk and the
2. The
Commission
shall
compile
a
report
every
three
years
relevant safety advice;
on the performance of the functions provided for in this Regu
lation for which it is responsible and shall incorporate it in a
synthesis report integrating the information provided by the
(f) the summary results of toxicological and ecotoxicological
Member States and the Agency under paragraph 1. A
tests;
summary of that report, which shall be published on the
internet, shall be forwarded to the European Parliament and
to the Council.
(g) information concerning handling packaging after chemicals
have been removed.
3. As
regards
the
information
supplied
pursuant
to
para
4. A
compilation
of
the
information
transmitted
shall
be graphs 1 and 2, the Commission, the Member States and the
prepared every two years by the Agency.
Agency shall comply with relevant obligations to protect the
confidentiality and ownership of data.
Article 21
Article 23
Technical assistance
The Commission, the designated national authorities of the
Updating annexes
Member States and the Agency shall, taking into account in
1. The
list
of
chemicals
in
Annex
I
shall
be
reviewed
by
the
particular the needs of developing countries and countries
Commission at least every year, on the basis of developments in
with economies in transition, cooperate in promoting
Union law and under the Convention.
technical assistance, including training, for the development of
the infrastructure, the capacity and the expertise necessary to
manage chemicals properly throughout their lifecycles.
2. When
determining
whether
a
final
regulatory
action
at
Union level constitutes a ban or a severe restriction, the effect
In particular, and with a view to enabling those countries to
of that action shall be assessed at the level of the subcategories
implement the Convention, technical assistance shall be
within the categories ‘pesticides’ and ‘industrial chemicals’. If the
promoted by means of the provision of technical information
final regulatory action bans or severely restricts a chemical
concerning chemicals, the promotion of the exchange of
within any one of the subcategories it shall be included in
experts, support for the establishment or maintenance of
Part 1 of Annex I.
designated national authorities and the provision of technical
expertise for the identification of hazardous pesticide formu
lations and for the preparation of notifications to the Secre
When determining whether a final regulatory action at Union
tariat.
level constitutes a ban or a severe restriction such that the
chemical concerned qualifies for PIC notification under
Article 11, the effect of that action shall be assessed at the
The Commission and the Member States shall actively
level of the categories ‘pesticides’ and ‘industrial chemicals’. If
participate in international activities in capacity-building in
the final regulatory action bans or severely restricts a chemical
within either of the categories it shall also be included in Part 2
( 1 ) OJ L 41, 14.2.2003, p. 26.
of Annex I.
L 201/74
EN
Official Journal of the European Union
27.7.2012
3. The
decision
to
include
chemicals
in
Annex
I,
or
to
Article 25
modify their entry where appropriate, shall be taken without
undue delay.
Formats and software for submission of information to the
Agency
The Agency shall specify formats and software packages and
4. In order to adapt this Regulation to technical progress, the
make them available free of charge on its website for any
Commission shall be empowered to adopt delegated acts in
submission of information to the Agency. Member States and
accordance with Article 26 concerning the following measures:
other parties subject to this Regulation shall use those formats
and packages in their submissions to the Agency pursuant to
this Regulation.
(a) inclusion of a chemical in Part 1 or 2 of Annex I pursuant
to paragraph 2 of this Article following final regulatory
action at Union level, and other amendments of Annex I,
Article 26
including modifications to existing entries;
Exercise of the delegation
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
(b) inclusion of a chemical that is subject to Regulation (EC)
Commission subject to the conditions laid down in this Article.
No 850/2004 of the European Parliament and of the
Council of 29 April 2004 on persistent organic pollu
2. The power to adopt delegated acts referred to in
tants ( 1 ) in Part 1 of Annex V;
Article 23(4) shall be conferred on the Commission for a
period of five years from 1 March 2014. The Commission
shall draw up a report in respect of the delegation of power
(c) inclusion of a chemical already subject to an export ban at
not later than nine months before the end of the five-year
Union level in Part 2 of Annex V;
period. The delegation of power shall be tacitly extended for
periods of an identical duration, unless the European Parliament
or the Council opposes such extension no later than three
(d) modifications to existing entries in Annex V;
months before the end of each period.
3. The
delegation
of
power
referred
to
in
Article
23(4)
may
(e) amendments of Annexes II, III, IV and VI.
be revoked at any time by the European Parliament or by the
Council. A decision to revoke shall put an end to the delegation
of the power specified in that decision. It shall take effect the
Article 24
day following the publication of the decision in the Official
Journal of the European Union or at a later date specified
The budget of the Agency
therein. It shall not affect the validity of any delegated acts
already in force.
1. For the purposes of this Regulation, the revenues of the
Agency shall consist of:
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
notify it simultaneously to the European Parliament and to the
(a) a subsidy from the Union, entered in the general budget of
Council.
the Union (Commission Section);
5. A
delegated
act
adopted
pursuant
to
Article
23(4)
shall
enter into force only if no objection has been expressed either
(b) any voluntary contribution from the Member States.
by the European Parliament or the Council within a period of
two months of notification of that act to the European
Parliament and the Council or if, before the expiry of that
2. Revenues
and
expenditure
for
activities
under
this
Regu
period, the European Parliament and the Council have both
lation and those relating to activities under other Regulations
informed the Commission that they will not object. That
shall be dealt with separately, through different sections in the
period shall be extended by two months at the initiative of
Agency’s budget.
the European Parliament or of the Council.
Article 27
The revenues of the Agency referred to in paragraph 1 shall be
used for carrying out its tasks under this Regulation.
Committee procedure
1. The
Commission
shall
be
assisted
by
the
committee
estab
lished by Article 133 of Regulation (EC) No 1907/2006. That
3. The
Commission
shall
examine
whether
it
is
appropriate committee shall be a committee within the meaning of Regu
for the Agency to charge a fee for the services provided to
lation (EU) No 182/2011.
exporters within five years of 1 March 2014 and, if necessary,
submit a relevant proposal.
2. Where
reference
is
made
to
this
paragraph,
Article
4
of
( 1 ) OJ L 158, 30.4.2004, p. 7.
Regulation (EU) No 182/2011 shall apply.
EN
27.7.2012 Official
Journal
of
the
European
Union L
201/75
Article 28
Article 30
Penalties
Repeal
Member States shall lay down the rules on penalties applicable
Regulation (EC) No 689/2008 shall be repealed with effect from
to infringements of the provisions of this Regulation and shall
1 March 2014.
take all measures necessary to ensure correct implementation of
these provisions. The penalties provided for must be effective,
proportionate and dissuasive. If they have not already done so
References to Regulation (EC) No 689/2008 shall be construed
before the entry into force of this Regulation, Member States
as references to this Regulation and shall be read in accordance
shall notify those provisions to the Commission by 1 March
with the correlation table in Annex VII.
2014 and shall notify it without delay of any subsequent
amendment affecting them.
Article 31
Article 29
Entry into force
Transitional period on the classification, labelling and
This Regulation shall enter into force on the twentieth day
packaging of chemicals
following that of its publication in the Official Journal of the
References in this Regulation to Regulation (EC) No 1272/2008
European Union.
shall be construed, where appropriate, as references to the
Union legislation which applies by virtue of Article 61 of that
Regulation and in accordance with the timetable set out therein.
It shall apply from 1 March 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 4 July 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
A. D. MAVROYIANNIS
L 201/76
ANNEX I
LIST OF CHEMICALS
(referred to in Article 7)
EN
PART 1
List of chemicals subject to export notification procedure
(referred to in Article 8)
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 8(2), (3) and (4) shall not apply provided that the conditions laid down in points
(b) and (c) of the first subparagraph of Article 8(6) have been fulfilled. Such chemicals, which are identified by the symbol
Off
‘#’ in the list below, are listed again in Part 3 of this Annex for ease of reference.
icial
It should also be noted that where the chemicals listed in this part of the Annex qualify for PIC notification because of the
Jour
nature of the Union’s final regulatory action, those chemicals are also listed in Part 2 of this Annex. Such chemicals are
nal
identified by the symbol ‘+’ in the list below.
of
the
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
European
1,1,1-Trichloroethane 71-55-6 200-756-3 2903
19
10 i(2)
b
1,2-Dibromoethane (Ethylene dibromide) (# ) 106-93-4 203-444-5 2903
31
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
Union
www.pic.int/
1,2-Dichloroethane (ethylene dichloride) (# ) 107-06-2 203-458-1 2903
15
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
i(2)
b
Cis- 1,3-dichloropropene ((1Z)-1,3-dichloroprop-1-ene) 10061-01-5 233-195-8 2903
29
00 p(1)-p(2) b-b
1,3-dichloropropene (1 ) (+ ) 542-75-6 208-826-5 2903
29
00 p(1)
b
2-aminobutane 13952-84-6 237-732-7 2921
19
80 p(1)-p(2) b-b
2-Naphthylamine (naphthalen-2-amine) and its salts (+ ) 91-59-8,
553-00-4,
612-52-2
202-080-4, 209-030-0, 2921 45 00 i(1)
b
and others
210-313-6 and others
i(2)
b
2-Naphthyloxyacetic acid 120-23-0 204-380-0 2918
99
90 p(1)
b
27.7.2012
2,4,5-T and its salts and esters (# ) 93-76-5
and
others 202-273-3
and
others 2918
91
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
27.7.2012 Off
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
4-Aminobiphenyl (biphenyl-4-amine) and its salts (+ ) 92-67-1,
2113-61-3
and
others 202-177-1
and
others 2921
49
80 i(1)
b
i(2)
b
4-Nitrobiphenyl (+ ) 92-93-3 202-204-7 2904
20
00 i(1)
b
i(2)
b
EN
Acephate (+ ) 30560-19-1 250-241-2 2930
90
85 p(1)-p(2) b-b
Acifluorfen 50594-66-6 256-634-5 2916
39
00 p(1)-p(2) b-b
Alachlor (+ ) 15972-60-8 240-110-8 2924
29
95 p(1)
b
Aldicarb (+ ) 116-06-3 204-123-2 2930
90
85 p(1)-p(2) sr-b
Ametryn 834-12-8 212-634-7 2933
69
80 p(1)-p(2) b-b
icial
Amitraz (+ ) 33089-61-1 251-375-4 2925
29
00 p(1)-p(2) b-b
Jour
Anthraquinone (+ ) 84-65-1 201-549-0 2914
61
00 p(1)-p(2) b-b
nal
of
Arsenic compounds
p(2) sr
the
Asbestos Fibres (+ ): 1332-21-4
and
others
Please refer to PIC circular at
European
www.pic.int/
Crocidolite (# ) 12001-28-4 2524
10
00
i
b
Union
Amosite (# ) 12172-73-5 2524
90
00
i
b
Antophyllite (# ) 77536-67-5 2524
90
00
i
b
Actinolite (# ) 77536-66-4 2524
90
00
i
b
Tremolite (# ) 77536-68-6 2524
90
00
i
b
Chrysotile (+ ) 12001-29-5
or
132207-32-0 2524
90
00
i
b
Atrazine (+ ) 1912-24-9 217-617-8 2933
69
10 p(1)
b
Azinphos-ethyl 2642-71-9 220-147-6 2933
99
90 p(1)-p(2) b-b
Azinphos-methyl (+ ) 86-50-0 201-676-1 2933
99
90 p(1)
b
L
Benfuracarb (+ ) 82560-54-1 2932
99
00 p(1)
b
201/77
Bensultap 17606-31-4 2930
90
85 p(1)-p(2) b-b
L 201/78
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Benzene (3 ) 71-43-2 200-753-7 2902
20
00 i(2) sr
Benzidine and its salts (+ )
92-87-5, 36341-27-2 and
202-199-1, 252-984-8 2921 59 90 i(1)-i(2) sr-b
Benzidine derivatives (+ )
others
and others
i(2)
b
EN
Bifenthrin 82657-04-3 2916
20
00 p(1)
b
Binapacryl (# ) 485-31-4 207-612-9 2916
19
50 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
i(2)
b
Butralin (+ ) 33629-47-9 251-607-4 2921
49
00 p(1)
b
Off
icial
Cadmium and its compounds 7440-43-9
and
others 231-152-8
and
others 8107
i(1) sr
3206 49 30
Jour
and others
nal
Cadusafos (+ ) 95465-99-9 n.a. 2930
90
85 p(1)
b
of
the
Calciferol 50-14-6 200-014-9 2936
29
90 p(1)
b
European
Captafol (# ) 2425-06-1 219-363-3 2930
50
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
Union
Carbaryl (+ ) 63-25-2 200-555-0 2924
29
95 p(1)-p(2) b–b
Carbofuran (+ ) 1563-66-2 216-353-0 2932
99
85 p(1)
b
Carbon tetrachloride 56-23-5 200-262-8 2903
14
00 i(2)
b
Carbosulfan (+ ) 55285-14-8 259-565-9 2932
99
85 p(1)
b
Cartap 15263-53-3 2930
20
00 p(1)-p(2) b-b
Chinomethionat 2439-01-2 219-455-3 2934
99
90 p(1)-p(2) b-b
Chlorate (+ ) 7775-09-9 231-887-4 2829
11
00 p(1)
b
10137-74-3 233-378-2 2829
19
00
27.7.2012
Chlordimeform (# ) 6164-98-3 228-200-5 2925
21
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
27.7.2012 Off
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Chlorfenapyr (+ ) 122453-73-0 2933
99
90 p(1)
b
Chlorfenvinphos 470-90-6 207-432-0 2919
90
90 p(1)-p(2) b-b
Chlormephos 24934-91-6 246-538-1 2930
90
85 p(1)-p(2) b-b
EN
Chlorobenzilate (# ) 510-15-6 208-110-2 2918
18
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
Chloroform 67-66-3 200-663-8 2903
13
00 i(2)
b
Chlorthal-dimethyl (+ ) 1861-32-1 217-464-7 2917
39
95 p(1)
b
Chlozolinate (+ ) 84332-86-5 282-714-4 2934
99
90 p(1)-p(2) b-b
Cholecalciferol 67-97-0 200-673-2 2936
29
90 p(1)
b
icial
Coumafuryl 117-52-2 204-195-5 2932
29
85 p(1)-p(2) b-b
Jour
Creosote and creosote related substances 8001-58-9 232-287-5 2707
91
00
nal
of
61789-28-4 263-047-8
the
European
84650-04-4 283-484-8 3807
00
90
90640-84-9 292-605-3
Union
65996-91-0 266-026-1 i(2)
b
90640-80-5 292-602-7
65996-85-2 266-019-3
8021-39-4 232-419-1
122384-78-5 310-191-5
Crimidine 535-89-7 208-622-6 2933
59
95 p(1)
b
Cyanamide (+ ) 420-04-2 206-992-3 2853
00
90 p(1)
b
Cyanazine 21725-46-2 244-544-9 2933
69
80 p(1)-p(2) b-b
Cyhalothrine 68085-85-8 268-450-2 2926
90
95 p(1)
b
L
201/79
DBB (Di-μ-oxo-di-n-butylstannio-hydroxyborane/dioxastanna 75113-37-0 401-040-5 2931
00
95 i(1)
b
boretan-4-ol)
L 201/80
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Diazinon (+ ) 333-41-5 206-373-8 2933
59
10 p(1)
b
Dichlobenil (+ ) 1194-65-6 214-787-5 2926
90
95 p(1)
b
EN
Dicloran (+ ) 99-30-9 202-746-4 2921
42
00 p(1)
b
Dichlorvos (+ ) 62-73-7 200-547-7 2919
90
90 p(1)
b
Dicofol (+ ) 115-32-2 204-082-0 2906
29
00 p(1)-p(2) b-b
Dicofol containing < 78 % p, p′-Dicofol or 1 g/kg of DDT
115-32-2 204-082-0 2906
29
00 p(1)-p(2) b-b
and DDT related compounds (+ )
Off
icial
Dimethenamid (+ ) 87674-68-8 n.a. 2934
99
90 p(1)
b
Jour
nal
Diniconazole-M (+ ) 83657-18-5 n.a. 2933
99
80 p(1)
b
of
the
Dinitro-ortho-cresol (DNOC) and its salts (such as
534-52-1 208-601-1 2908
99
90 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
European
ammonium salt, potassium salt and sodium salt) (# )
www.pic.int/
2980-64-5 221-037-0
5787-96-2
—
Union
2312-76-7 219-007-7
Dinobuton 973-21-7 213-546-1 2920
90
10 p(1)-p(2) b-b
Dinoseb and its salts and esters (# ) 88-85-7
and
others 201-861-7
and
others 2908
91
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
2915 36 00 i(2)
b
Dinoterb (+ ) 1420-07-1 215-813-8 2908
99
90 p(1)-p(2) b-b
Diphenylamine 122-39-4 204-539-4 2921
44
00 p(1)
b
Dustable powder formulations containing a combination of: 3808
99
90 Please
refer
to
PIC
circular
at
www.pic.int/
27.7.2012
Benomyl at or above 7 % 17804-35-2 241-775-7 2933
99
90 p(1)
b
27.7.2012 Off
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Carbofuran at or above 10 % 1563-66-2 216-353-0 2932
99
85 p(2)
b
and Thiram at or above 15 % (# ) 137-26-8 205-286-2 2930
30
00
Endosulfan (+ ) 115-29-7 204-079-4 2920
90
85 p(1)
b
EN
Ethalfluralin (+ ) 55283-68-6 259-564-3 2921
43
00 p(1)
b
Ethion 563-12-2 209-242-3 2930
90
85 p(1)-p(2) b-b
Ethoxyquin (+ ) 91-53-2 202-075-7 2933
49
90 p(1)
b
Ethylene oxide (Oxirane) (# ) 75-21-8 200-849-9 2910
10
00 p(1)
b Please
refer
to
PIC
circular
at
www.pic.int/
icial
Fenarimol (+ ) 60168-88-9 262-095-7 2933
59
95 p(1)
b
Jour
Fenitrothion (+ ) 122-14-5 204-524-2 2920
19
00 p(1)
b
nal
Fenpropathrin 39515-41-8 254-485-0 2926
90
95 p(1)-p(2) b-b
of
the
Fenthion (+ ) 55-38-9 200-231-9 2930
90
85 p(1) sr
European
Fentin acetate (+ ) 900-95-8 212-984-0 2931
00
95 p(1)-p(2) b-b
Union
Fentin hydroxide (+ ) 76-87-9 200-990-6 2931
00
95 p(1)-p(2) b-b
Fenvalerate 51630-58-1 257-326-3 2926
90
95 p(1)
b
Ferbam 14484-64-1 238-484-2 2930
20
00 p(1)-p(2) b-b
Fluoroacetamide (# ) 640-19-7 211-363-1 2924
12
00 p(1)
b Please
refer
to
PIC
circular
at
www.pic.int/
Flurenol 467-69-6 207-397-1 2918
19
85 p(1)-p(2) b-b
Flurprimidol (+ ) 56425-91-3 n.a. 2933
59
95 p(1)
b
Furathiocarb 65907-30-4 265-974-3 2932
99
85 p(1)-p(2) b-b
Guazatine (+ ) 108173-90-6
236-855-3 3808
99
90 p(1)-p(2) b-b
L
115044-19-4
201/81
Hexachloroethane 67-72-1 200-666-4 2903
19
80 i(1) sr
L 201/82
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Hexazinone 51235-04-2 257-074-4 2933
69
80 p(1)-p(2) b-b
Iminoctadine 13516-27-3 236-855-3 2925
29
00 p(1)-p(2) b-b
EN
Indolylacetic acid (+ ) 87-51-4 201-748-2 2933
99
80 p(1)
b
Isoxathion 18854-01-8 242-624-8 2934
99
90 p(1)
b
Malathion 121-75-5 204-497-7 2930
90
99 p(2)
b
(a) Maleic hydrazide, and its salts, other than choline, 123-33-1 204-619-9 2933
99
90 p(1)
b
potassium and sodium salts
(b) Choline, potassium and sodium salts of maleic hydrazide 61167-10-0, 51542-52-0,
257-261-0, 248-972-7 2933
99
90
Off
containing more than 1 mg/kg of free hydrazine
28330-26-9
icial
expressed on the basis of the acid equivalent
Jour
Mercury compounds, including inorganic mercury
62-38-4, 26545-49-3 and
200-532-5, 247-783-7 2852 00 00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
nal
compounds, alkyl mercury compounds and alkyloxyalkyl and others
and others
www.pic.int/
aryl mercury compounds except mercury compounds listed
of
in Annex V (# )
the
European
Metam 144-54-7 205-632-2 2930
20
00 p(1)
b
137-42-8 205-239-0
Union
Methamidophos (2 ) (+ ) 10265-92-6 233-606-0 2930
50
00 p(1)
b
Methamidophos (Soluble liquid formulations of the substance 10265-92-6 233-606-0 2930
50
00
p(2)
b Please
refer
to
PIC
circular
at
that exceed 600 g active ingredient/l) (# )
3808 50 00
www.pic.int/
Methidathion 950-37-8 213-449-4 2934
99
90 p(1)-p(2) b-b
Methomyl 16752-77-5 240-815-0 2930
90
99 p(2)
b
Methyl bromide (+ ) 74-83-9 200-813-2 2903
39
11 p(1)-p(2) b-b
Methyl-parathion (+ ) (# ) 298-00-0 206-050-1 2920
11
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
Metoxuron 19937-59-8 243-433-2 2924
21
90 p(1)-p(2) b-b
27.7.2012
Monocrotophos (# ) 6923-22-4 230-042-7 2924
12
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
27.7.2012 Off
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Monolinuron 1746-81-2 217-129-5 2928
00
90 p(1)
b
Monomethyl-dibromo-diphenyl methane
99688-47-8 402-210-1 2903
69
90 i(1)
b
Tradename: DBBT (+ )
EN
Monomethyl-Dichloro-Diphenyl methane;
— 400-140-6 2903
69
90 i(1)-i(2) b-b
Tradename: Ugilec 121 or Ugilec 21 (+ )
Monomethyl-Tetrachlorodiphenyl methane;
76253-60-6 278-404-3 2903
69
90 i(1)-i(2) b-b
Tradename: Ugilec 141 (+ )
Monuron 150-68-5 205-766-1 2924
21
90 p(1)
b
Nicotine (+ ) 54-11-5 200-193-3 2939
99
00 p(1)
b
icial
Nitrofen (+ ) 1836-75-5 217-406-0 2909
30
90 p(1)-p(2) b-b
Jour
Nonylphenols C
nal
6H 4(OH)C 9H 19 (+ ) 25154-52-3
(phenol,
nonyl-), 246-672-0 2907
13
00 i(1) sr
of
84852-15-3 (phenol, 4-nonyl-, 284-325-5
the
branched)
European
11066-49-2 (isononylphenol), 234-284-4
90481-04-2, (phenol, nonyl-,
291-844-0
Union
branched),
104-40-5(p-nonylphenol) and
203-199-4 and others
others
Nonylphenol ethoxylates (C 2H 4O) nC 15H 24O (+ ) 9016-45-9,
26027-38-3,
3402 13 00 i(1) sr
68412-54-4, 37205-87-1,
p(1)-p(2) b-b
127087-87-0 and others
Octabromodiphenyl ether (+ ) 32536-52-0 251-087-9 2909
30
38 i(1) sr
Omethoate 1113-02-6 214-197-8 2930
90
85 p(1)-p(2) b-b
Oxydemeton-methyl (+ ) 301-12-2 206-110-7 2930
90
85 p(1)
b
L
Paraquat (+ ) 4685-14-7 225-141-7 2933
39
99 p(1)
b
201/83
1910-42-5 217-615-7
2074-50-2 218-196-3
L 201/84
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Parathion (# ) 56-38-2 200-271-7 2920
11
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
Pebulate 1114-71-2 214-215-4 2930
20
00 p(1)-p(2) b-b
EN
Pentachlorophenol and its salts and esters (# ) 87-86-5
and
others 201-778-6
and
others 2908
11
00 p(1)-p(2) b-sr Please
refer
to
PIC
circular
at
2908 19 00
www.pic.int/
and others
Perfluorooctane sulfonates 1763-23-1 n.a. 2904
90
20 i(1) sr
(PFOS) 2795-39-3 2904
90
20
C
Off
8F 17SO 2X and
others and
others
icial
(X = OH, Metal salt (O-M+), halide, amide, and other
Jour
derivatives including polymers) (+ )
nal
Permethrin 52645-53-1 258-067-9 2916
20
00 p(1)
b
of
the
Phosalone (+ ) 2310-17-0 218-996-2 2934
99
90 p(1)
b
European
Phosphamidon (soluble liquid formulations of the substance 13171-21-6 (mixture, (E) & (Z) 236-116-5 2924
12
00
p(1)-p(2) b-b Please
refer
to
PIC
circular
at
that exceed 1 000 g active ingredient/l) (# )
isomers)
3808 50 00
www.pic.int/
23783-98-4 ((Z)-isomer)
Union
297-99-4 ((E)-isomer)
Polybrominated biphenyls (PBB) except hexabromo-biphe
13654-09-6, 27858-07-7 and
237-137-2, 248-696-7 2903 69 90 i(1) sr Please
refer
to
PIC
circular
at
nyl (# )
others
and others
www.pic.int/
Polychlorinated terphenyls (PCT) (# ) 61788-33-8 262-968-2 2903
69
90 i(1)
b Please
refer
to
PIC
circular
at
www.pic.int/
Procymidone (+ ) 32809-16-8 251-233-1 2925
19
95 p(1)
b
Propachlor (+ ) 1918-16-7 217-638-2 2924
29
98 p(1)
b
Propanil 709-98-8 211-914-6 2924
29
98 p(1)
b
27.7.2012
Propham 122-42-9 204-542-0 2924
29
95 p(1)
b
Propisochlor (+ ) 86763-47-5 n.a. 2924
29
98 p(1)
b
27.7.2012 Off
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Pyrazophos (+ ) 13457-18-6 236-656-1 2933
59
95 p(1)-p(2) b-b
Quintozene (+ ) 82-68-8 201-435-0 2904
90
85 p(1)-p(2) b-b
Scilliroside 507-60-8 208-077-4 2938
90
90 p(1)
b
EN
Simazine (+ ) 122-34-9 204-535-2 2933
69
10 p(1)-p(2) b-b
Strychnine 57-24-9 200-319-7 2939
99
00 p(1)
b
Tecnazene (+ ) 117-18-0 204-178-2 2904
90
85 p(1)-p(2) b-b
Terbufos 13071-79-9 235-963-8 2930
90
85 p(1)-p(2) b-b
Tetraethyl lead (# ) 78-00-2 201-075-4 2931
00
95 i(1) sr Please
refer
to
PIC
circular
at
www.pic.int/
icial
Tetramethyl lead (# ) 75-74-1 200-897-0 2931
00
95 i(1) sr Please
refer
to
PIC
circular
at
Jour
www.pic.int/
nal
Thallium sulphate 7446-18-6 231-201-3 2833
29
90 p(1)
b
of
the
Thiobencarb (+ ) 28249-77-6 248-924-5 2930
20
00 p(1)
b
European
Thiocyclam 31895-22-4 250-859-2 2934
99
90 p(1)-p(2) b-b
Thiodicarb (+ ) 59669-26-0 261-848-7 2930
90
85 p(1)
b
Union
Tolylfluanid (+ ) 731-27-1 211-986-9 2930
90
85 p(1)
b
Triazophos 24017-47-8 245-986-5 2933
99
90 p(1)-p(2) b-b
All tributyltin compounds, including:
2931 00 95 p(2)
b Please
refer
to
PIC
circular
at
www.pic.int/
Tributyltin oxide 56-35-9 200-268-0 2931
00
95
Tributyltin fluoride 1983-10-4 217-847-9 2931
00
95
Tributyltin methacrylate 2155-70-6 218-452-4 2931
00
95
Tributyltin benzoate 4342-36-3 224-399-8 2931
00
95
Tributyltin chloride 1461-22-9 215-958-7 2931
00
95
L
Tributyltin linoleate 24124-25-2 246-024-7 2931
00
95
201/85
Tributyltin naphthenate (# ) 85409-17-2 287-083-9 2931
00
95
L 201/86
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Trichlorfon (+ ) 52-68-6 200-149-3 2931
00
95 p(1)-p(2) b-b
Tricyclazole (+ ) 41814-78-2 255-559-5 2934
99
90 p(1)
b
Tridemorph 24602-86-6 246-347-3 2934
99
90 p(1)-p(2) b-b
EN
Trifluralin (+ ) 1582-09-8 216-428-8 2921
43
00 p(1)
b
Triorganostannic compounds other than tributyltin
—
— 2931
00
95
p(2) sr
compounds (+ )
and others
i(2) sr
Tris (2,3-Dibromopropyl) phosphate (# ) 126-72-7 204-799-9 2919
10
00 i(1) sr Please
refer
to
PIC
circular
at
www.pic.int/
Tris-aziridinyl-phosphinoxide (1,1′,1′-phosphoryltriaziri
545-55-1 208-892-5 2933
99
90 i(1) sr
dine) (+ )
Off
icial
Vamidothion 2275-23-2 218-894-8 2930
90
85 p(1)-p(2) b-b
Jour
Vinclozolin (+ ) 50471-44-8 256-599-6 2934
99
90 p(1)
b
nal
Zineb 12122-67-7 235-180-1 2930
20
00
or
p(1)
b
of
3824 90 97
the
European
(*) Sub-category: p(1) — pesticide in the group of plant protection products, p(2) — other pesticide including biocides. i(1) — industrial chemical for professional use and i(2) — industrial chemical for public use.
(**) Use limitation: sr — severe restriction, b — ban (for the sub-category or sub-categories concerned) according to Union legislation.
(1 ) This entry does not affect the existing entry for cis-1,3-dichloropropene (CAS No 10061-01-5).
(2 ) This entry does not affect the existing entry for soluble liquid formulations of methamidophos that exceed 600 g active ingredient/l.
(3 ) 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).
Union
CAS No = Chemical Abstracts Service Registry Number.
(# ) Chemical subject or partially subject to the PIC procedure.
(+ ) Chemical qualifying for PIC notification.
27.7.2012
27.7.2012 Off
PART 2
List of chemicals qualifying for PIC notification
(referred to in Article 11)
This list comprises chemicals qualifying for PIC notification. It does not include chemicals that are already subject to the
EN
PIC procedure, which are listed in Part 3 of this Annex.
Chemical CAS
No Einecs
No CN
code Category
(*) Use
limitation
(**)
1,3-dichloropropene 542-75-6 208-826-5 2903
29
00
p
b
2-Naphthylamine (naphthalen-2-amine) and its salts 91-59-8,
553-00-4,
612-52-2
202-080-4, 209-030-0, 210- 2921 45 00
i
b
and others
313-6 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
i
b
icial
Jour
4-Nitrobiphenyl 92-92-3 202-204-7 2904
20
00
i
b
nal
of
Acephate 30560-19-1 250-241-2 2930
90
85
p
b
the
European
Alachlor 15972-60-8 240-110-8 2924
29
95
p
b
Aldicarb 116-06-3 204-123-2 2930
90
85
p sr
Union
Amitraz 33089-61-1 251-375-4 2925
29
00
p
b
Anthraquinone 84-65-1 201-549-0 2914
61
00
p
b
Asbestos fibres: Chrysotile 12001-29-5
or
132207-32-0 2524
90
00
i
b
Atrazine 1912-24-9 217-617-8 2933
69
10
p
b
Azinphos-methyl 86-50-0 201-676-1 2933
99
80
p
b
Benfuracarb 82560-54-1 n.a. 2932
99
00
p
b
Benzidine and its salts 92-87-5,
36341-27-2
and
202-199-1, 252-984-8 and 2921 59 90
i sr
others
others
L
201/87
Benzidine derivatives
—
—
L 201/88
Chemical CAS
No Einecs
No CN
code Category
(*) Use
limitation
(**)
Butralin 33629-47-9 251-607-4 2921
49
00
p
b
Cadusafos 95465-99-9 n.a. 2930
90
99
p
b
Carbaryl 63-25-2 200-555-0 2924
29
95
p
b
EN
Carbofuran 1563-66-2 216-353-0 2932
99
00
p
b
Carbosulfan 55285-14-8 259-565-9 2932
99
00
p
b
Chlorate 7775-09-9 231-887-4 2829
11
00
p
b
10137-74-3 233-378-2 2829
19
00
Chlorfenapyr 122453-73-0 2933
99
90
p sr
Off
icial
Chlorthal-dimethyl 1861-32-1 217-464-7 2917
39
95
p
b
Jour
Chlozolinate 84332-86-5 282-714-4 2934
99
90
p
b
nal
Cyanamide 420-04-2 206-992-3 2853
00
90
p sr
of
the
Diazinon 333-41-5 206-373-8 2933
59
10
p sr
European
Dichlobenil 1194-65-6 214-787-5 2926
90
95
p
b
Union
Dicloran 99-30-9 202-746-4 2921
42
00
p
b
Dichlorvos 62-73-7 200-547-7 2919
90
00
p sr
Dicofol 115-32-2 204-082-0 2906
29
00
p
b
Dicofol containing < 78 % p, p′-Dicofol or 1 g/kg of DDT and 115-32-3 204-082-0 2906
29
00
p
b
DDT related compounds
Dimethenamid 87674-68-8 n.a. 2934
99
90
p
b
Diniconazole-M 83657-18-5 n.a. 2933
99
80
p
b
Dinoterb 1420-07-1 215-813-8 2908
99
90
p
b
27.7.2012
Endosulfan 115-29-7 204-079-4 2920
90
85
p
b
Ethalfluralin 55283-68-6 259-564-3 2921
43
00
p
b
27.7.2012 Off
Chemical CAS
No Einecs
No CN
code Category
(*) Use
limitation
(**)
Ethoxyquin 91-53-2 202-075-7 2933
49
90
p
b
Fenarimol 60168-88-9 262-095-7 2933
59
95
p
b
EN
Fenitrothion 122-14-5 204-524-2 2920
19
00
p sr
Fenthion 55-38-9 200-231-9 2930
90
85
p sr
Fentin acetate 900-95-8 212-984-0 2931
00
95
p
b
Fentin hydroxide 76-87-9 200-990-6 2931
00
95
p
b
icial
Flurprimidol 56425-91-3 n.a. 2933
59
95
p
b
Jour
nal
Guazatine 108173-90-6
236-855-3 3808
99
90
p
b
115044-19-4
of
the
European
Indolylacetic acid 87-51-4 201-748-2 2933
99
80
p
b
Methamidophos (1 ) 10265-92-6 233-606-0 2930
50
00
p
b
Union
Methyl bromide 74-83-9 200-813-2 2903
39
11
p
b
Methyl parathion (# ) 298-00-0 206-050-1 2920
11
00
p
b
Monomethyl-dibromo-diphenyl methane
99688-47-8 401-210-1 2903
69
90
i
b
Tradename: DBBT
Monomethyl-Dichloro-Diphenyl methane;
— 400-140-6 2903
69
90
i
b
Tradename: Ugilec 121 or Ugilec 21
Monomethyl-Tetrachlorodiphenyl methane;
76253-60-6 278-404-3 2903
69
90
i
b
Tradename: Ugilec 141
L
201/89
Nicotine 54-11-5 200-193-3 2939
99
00
p
b
L 201/90
Chemical CAS
No Einecs
No CN
code Category
(*) Use
limitation
(**)
Nitrofen 1836-75-5 217-406-0 2909
30
90
p
b
Nonylphenols C 6H 4(OH)C 9H 19
25154-52-3 (phenol, nonyl-), 246-672-0 2907
13
00
i sr
84852-15-3 (phenol, 4-nonyl-, 284-325-5
EN
branched),
11066-49-2 (isononylphenol), 234-284-4
90481-04-2, (phenol, nonyl-,
291-844-0
branched),
104-40-5 (P-nonylphenol) and 203-199-4 and others
others
Off
icial
Nonylphenol ethoxylates (C 2H 4O) nC 15H 24O 9016-45-9,
26027-38-3,
3402 13 00
i sr
68412-54-4, 37205-87-1,
Jour
p
b
127087-87-0 and others
nal
of
Octabromodiphenyl ether 32536-52-0 251-087-9 2909
30
38
i sr
the
European
Oxydemeton-methyl 301-12-2 206-110-7 2930
90
85
p
b
Paraquat 4685-14-7 225-141-7 2933
39
99
p
b
Union
1910-42-5 217-615-7
2074-50-2 218-196-3
Perfluorooctane sulfonates 1763-23-1 n.a. 2904
90
20
i sr
(PFOS) C 8F 17SO 2X (X = OH, Metal salt (O-M+), halide, amide, 2795-39-3 and others 2904
90
20
and
others
and other derivatives including polymers)
Phosalone 2310-17-0 218-996-2 2934
99
90
p
b
Procymidone 32809-16-8 251-233-1 2925
19
95
p
b
Propachlor 1918-16-7 217-638-2 2924
29
98
p
b
27.7.2012
Propisochlor 86763-47-5 n.a. 2924
29
98
p
b
Pyrazophos 13457-18-6 236-656-1 2933
59
95
p
b
27.7.2012 Off
Chemical CAS
No Einecs
No CN
code Category
(*) Use
limitation
(**)
Quintozene 82-68-8 201-435-0 2904
90
85
p
b
Simazine 122-34-9 204-535-2 2933
69
10
p
b
Tecnazene 117-18-0 204-178-2 2904
90
85
p
b
EN
Thiobencarb 28249-77-6 248-924-5 2930
20
00
p
b
Thiodicarb 59669-26-0 261-848-7 2930
90
85
p
b
Tolylfluanid 731-27-1 211-986-9 2930
90
85
p sr
Trichlorfon 52-68-6 200-149-3 2931
00
95
p
b
Tricyclazole 41814-78-2 255-559-5 2934
99
90
p
b
Trifluralin 1582-09-8 216-428-8 2921
43
00
p
b
icial
Triorganostannic compounds other than tributyltin compounds —
— 2931
00
95
and
others
p sr
Jour
Vinclozolin 50471-44-8 256-599-6 2934
99
90
p
b
nal
(*) Category: p — pesticides; i — industrial chemical.
of
(**) Use limitation: sr — severe restriction, b — ban (for the category or categories concerned).CAS No = Chemical Abstracts Service Registry Number.
the
(1 ) This entry does not affect the entry in Annex I Part 3 for soluble liquid formulations of methamidophos that exceed 600 g active ingredient/l.
(# ) Chemical subject or partially subject to the PIC procedure.
European
Union
L
201/91
L 201/92
PART 3
List of chemicals subject to the PIC procedure
(referred to in Articles 13 and 14)
EN
(The categories shown are those referred to in the Convention)
Chemical Relevant
CAS
number(s)
HS code
HS code
Pure substance
Mixtures containing substance
Category
2,4,5-T and its salts and esters 93-76-5
(# ) 2918.91 3808.50 Pesticide
Aldrin (*) 309-00-2 2903.52 3808.50 Pesticide
Binapacryl 485-31-4 2916.19 3808.50 Pesticide
Off
icial
Captafol 2425-06-1 2930.50 3808.50 Pesticide
Jour
Chlordane (*) 57-74-9 2903.52 3808.50 Pesticide
nal
Chlordimeform 6164-98-3 2925.21 3808.50 Pesticide
of
the
Chlorobenzilate 510-15-6 2918.18 3808.50 Pesticide
European
DDT (*) 50-29-3 2903.62 3808.50 Pesticide
Dieldrin (*) 60-57-1 2910.40 3808.50 Pesticide
Union
Dinitro-ortho-cresol (DNOC) and its salts (such as ammonium salt, potassium
534-52-1, 2980-64-5,
2908.99 3808.91 Pesticide
salt and sodium salt)
5787-96-2, 2312-76-7
3808.92
3808.93
Dinoseb and its salts and esters 88-85-7
(# ) 2908.91 3808.50 Pesticide
1,2-dibromoethane (EDB) 106-93-4 2903.31 3808.50 Pesticide
Ethylene dichloride (1,2-dichloroethane) 107-06-2 2903.15 3808.50 Pesticide
Ethylene oxide 75-21-8 2910.10 3808.50 Pesticide
3824.81
Fluoroacetamide 640-19-7 2924.12 3808.50 Pesticide
27.7.2012
HCH (mixed isomers) (*) 608-73-1 2903.51 3808.50 Pesticide
Heptachlor (*) 76-44-8 2903.52 3808.50 Pesticide
27.7.2012 Off
Chemical Relevant
CAS
number(s)
HS code
HS code
Pure substance
Mixtures containing substance
Category
Hexachlorobenzene (*) 118-74-1 2903.62 3808.50 Pesticide
Lindane (*) 58-89-9 2903.51 3808.50 Pesticide
Mercury compounds, including inorganic mercury compounds, alkyl mercury
10112-91-1, 21908-53-2
2852.00 3808.50 Pesticide
EN
compounds and alkyloxyalkyl and aryl mercury compounds
and others
See also: www.pic.int/
Monocrotophos 6923-22-4 2924.12 3808.50 Pesticide
Parathion 56-38-2 2920.11 3808.50 Pesticide
Pentachlorophenol and its salts and esters 87-86-5
(# ) 2908.11 3808.50
Pesticide
2908.19
3808.91
3808.92
3808.93
icial
3808.94
3808.99
Jour
Toxaphene (*) 8001-35-2
— 3808.50 Pesticide
nal
of
Dustable powder formulations containing a combination of: Benomyl at or
17804-35-2
— 3808.92 Severely
hazardous
pesticide
the
above 7 %, Carbofuran at or above 10 % and Thiram at or above 15 %
1563-66-2
formulation
European
137-26-8
Methamidophos (soluble liquid formulations of the substance that exceed 600 g 10265-92-6 2930.50 3808.50 Severely
hazardous
pesticide
active ingredient/l)
formulation
Union
Methyl-parathion (emulsifiable concentrates (EC) at or above 19,5 % active
298-00-0 2920.11 3808.50 Severely
hazardous
pesticide
ingredient and dusts at or above 1,5 % active ingredient)
formulation
Phosphamidon (soluble liquid formulations of the substance that exceed 1 000 g
2924.12 3808.50 Severely
hazardous
pesticide
active ingredient/l)
formulation
Mixture (E) & (Z) isomers 13171-21-6
(Z)-isomer 23783-98-4
(E)-isomer 297-99-4
Asbestos fibres:
2524.10
6811.40
Industrial
2524.90
6812.80
6812.91
6812.92
L
6812.93
201/93
6812.99
6813.20
L 201/94
Chemical Relevant
CAS
number(s)
HS code
HS code
Pure substance
Mixtures containing substance
Category
Crocidolite 12001-28-4 2524.10
Actinolite 77536-66-4 2524.90
Anthophyllite 77536-67-5 2524.90
EN
Amosite 12172-73-5 2524.90
Tremolite 77536-68-6 2524.90
Polybrominated biphenyls (PBB)
— (hexa-) (*) 36355-01-8
— 3824.82 Industrial
— (octa-) 27858-07-7
— (deca-) 13654-09-6
Off
Polychlorinated biphenyls (PCB) (*) 1336-36-3
— 3824.82 Industrial
icial
Polychlorinated terphenyls (PCT) 61788-33-8
— 3824.82 Industrial
Jour
Tetraethyl lead 78-00-2 2931.00 3811.11 Industrial
nal
Tetramethyl lead 75-74-1 2931.00 3811.11 Industrial
of
the
All tributyltin compounds, including: 2931.00 3808.99 Pesticide
European
Tributyltin oxide 56-35-9 2931.00 3808.99
Tributyltin fluoride 1983-10-4 2931.00 3808.99
Union
Tributyltin methacrylate 2155-70-6 2931.00 3808.99
Tributyltin benzoate 4342-36-3 2931.00 3808.99
Tributyltin chloride 1461-22-9 2931.00 3808.99
Tributyltin linoleate 24124-25-2 2931.00 3808.99
Tributyltin naphthenate 85409-17-2 2931.00 3808.99
Tris (2,3-dibromopropyl) phosphate 126-72-7 2919.10 3824.83 Industrial
(*) These substances are subject to an export ban in accordance with Article 15(2) of and Annex V to this Regulation.
(# ) Only the CAS numbers of parent compounds are listed.
27.7.2012
EN
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Union L
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ANNEX II
EXPORT NOTIFICATION
The following information is required pursuant to Article 8:
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 mixture to be exported:
(a) trade name and/or designation of the mixture;
(b) for each substance listed in Annex I, percentage and details as specified under point 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 point 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
Convention under which the use falls;
(f) name, address and other relevant particulars of the natural or legal importing person;
(g) name, address and other relevant particulars of the exporter.
5. Designated national authorities:
(a) the name, address, telephone and telex, fax number or e-mail of the designated authority in the Union from
which further information may be obtained;
(b) the name, address, telephone and telex, fax number or e-mail of the designated authority in the importing
country.
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 201/96
EN
Official Journal of the European Union
27.7.2012
8. Use of the chemical in the Union:
(a) uses, category(ies) under the Convention and Union 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 specified in points 2(a), (c) and (d) of Annex IV.
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.
EN
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European
Union L
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ANNEX III
Information to be supplied to the Commission by the designated national authorities of the Member States in
accordance with Article 10
1. Summary of quantities of chemicals (in the form of substances, mixtures 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, mixtures and articles) as outlined
below.
Chemical Importing
country Quantity
of
substance
2. List of natural or legal persons importing chemicals into a Party or other country
Chemical Importing
country Importing
person
Address and other relevant particulars of the importing
person
L 201/98
EN
Official Journal of the European Union
27.7.2012
ANNEX IV
Notification to the Secretariat of the Convention of a banned or severely restricted chemical
INFORMATION REQUIREMENTS FOR NOTIFICATIONS PURSUANT TO ARTICLE 11
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 mixtures;
(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 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;
EN
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Union L
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(c) an indication, to the extent possible, of the likely relevance of the final regulatory action to other States and
regions;
(d) other relevant information that may cover:
(i) assessment of 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 201/100
EN
Official Journal of the European Union
27.7.2012
ANNEX V
Chemicals and articles subject to export ban
(referred to in Article 15)
PART 1
Persistent organic pollutants as listed in Annexes A and B to the Stockholm Convention on Persistent Organic
Pollutants ( 1 ) 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 EC
No
206-215-8,
CAS No 309-00-2,
CN code 2903 52 00
Chlordane EC
No
200-349-0,
CAS No 57-74-9,
CN code 2903 52 00
Chlordecone EC
No
205-601-3
CAS No 143-50-0
CN code 2914 70 00
Dieldrin EC
No
200-484-5,
CAS No 60-57-1,
CN code 2910 40 00
DDT (1,1,1-trichloro-2,2-bis
EC No 200-024-3,
(p-chlorophenyl) ethane
CAS No 50-29-3,
CN code 2903 62 00
Endrin EC
No
200-775-7,
CAS No 72-20-8,
CN code 2910 90 00
Heptabromodiphenyl ether
EC No 273-031-2
C 12 H 3 Br 7 O
CAS No 68928-80-3 and others
CN code 2909 30 38
Heptachlor EC
No
200-962-3,
CAS No 76-44-8,
CN code 2903 52 00
Hexabromobiphenyl EC
No
252-994-2
CAS No 36355-01-8
CN code 2903 69 90
Hexabromodiphenyl ether C 12 H 4 Br 6 O EC
No
253-058-6
CAS No 36483-60-0 and others
CN code 2909 30 38
Hexachlorobenzene EC
No
200-273-9,
CAS No 118-74-1,
CN code 2903 62 00
Hexachlorocyclohexanes, including
EC No 200-401-2, 206-270-8, 206-
lindane
271-3, 210-168-9
CAS No 58-89-9, 319-84-6, 319-85-
7, 608-73-1
CN code 2903 51 00
Mirex EC
No
219-196-6,
CAS No 2385-85-5,
CN code 2903 59 80
( 1 ) OJ L 209, 31.7.2006, p. 3.
EN
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Union L
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Description of chemicals/article(s) subject to
export ban
Additional details, where relevant (e.g. name of chemical, EC No, CAS No, etc.)
Pentabromodiphenyl ether C 12 H 5 Br 5 O EC No
251-084-2
and
others
CAS No 32534-81-9 and others
CN code 2909 30 31
Pentachlorobenzene EC
No
210-172-5
CAS No 608-93-5
CN code 2903 69 90
Polychlorinated biphenyls (PCBs) EC
No
215-648-1
and
others,
CAS No 1336-36-3 and others,
CN code 2903 69 90
Tetrabromodiphenyl ether C 12 H 6 Br 4 O EC No
254-787-2
and
others
CAS No 40088-47-9 and others
CN code 2909 30 38
Toxaphene (camphechlor) EC
No
232-283-3,
CAS No 8001-35-2,
CN code 3808 50 00
PART 2
Chemicals other than persistent organic pollutants as listed in Annexes A and B to 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
Mercury compounds except compounds exported for research Cinnabar ore, mercury (I) chloride (Hg 2 Cl 2 ,
and development, medical or analysis purposes
CAS No 10112-91-1), mercury (II) oxide (HgO,
CAS No 21908-53-2); CN code 2852 00 00
Metallic mercury and mixtures of metallic mercury with other CAS No 7439-97-6
substances, including alloys of mercury, with a mercury
CN code 2805 40
concentration of at least 95 % weight by weight
L 201/102
EN
Official Journal of the European Union
27.7.2012
ANNEX VI
List of Parties to the Convention requiring information concerning transit movements of chemicals subject to
the PIC procedure
(referred to in Article 16)
Country Required
information
EN
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ANNEX VII
Correlation table
Regulation (EC) No 689/2008 This
Regulation
— Article
1
Article 1(1) 1(1)
Article 1(2) 1(2)
— Article
2
Article 2(1) 2(1)
Article 2(2) 2(2)
— 2(3)
Article 3 Article
3
Article 4 Article
4
— Article
5
Article 5(1) 5(1)
Article 5(2) 5(2)
Article 5(3) 5(3)
— Article
6
— 6(1)
— 6(2)
— Article
7
Article 6(1) 7(1)
Article 6(2) 7(2)
Article 6(3) 7(3)
— Article
8
Article 7(1) 8(1)
Article 7(2) 8(2)
Article 7(3) 8(3)
Article 7(4) 8(4)
Article 7(5) 8(5)
Article 7(6) 8(6)
Article 7(7) 8(7)
Article 7(8) 8(8)
— Article
9
Article 8(1) 9(1)
Article 8(2) 9(2)
— Article
10
Article 9(1) 10(1)
Article 9(2) 10(2)
Article 9(3) 10(3)
L 201/104
EN
Official Journal of the European Union
27.7.2012
Regulation (EC) No 689/2008 This
Regulation
— Article
11
Article 10(1) 11(1)
Article 10(2) 11(2)
Article 10(3) 11(3)
Article 10(4) 11(4)
Article 10(5) 11(5)
Article 10(6) 11(6)
Article 10(7) 11(7)
Article 10(8) 11(8)
Article 11 Article
12
— Article
13
Article 12(1) 13(1)
Article 12(2) 13(2)
Article 12(3) 13(3)
Article 12(4) 13(4)
Article 12(5) 13(5)
Article 12(6) 13(6)
— Article
14
Article 13(1) 14(1)
Article 13(2) 14(2)
Article 13(3) 14(3)
Article 13(4) 14(4)
Article 13(5) 14(5)
Article 13(6) 14(6)
Article 13(7) 14(7)
Article 13(8) 14(8)
Article 13(9) 14(9)
Article 13(10) 14(10)
Article 13(11) 14(11)
— Article
15
Article 14(1) 15(1)
Article 14(2) 15(2)
— Article
16
Article 15(1) 16(1)
Article 15(2) 16(2)
Article 15(3) 16(3)
Article 15(4) 16(4)
— Article
17
Article 16(1) 17(1)
Article 16(2) 17(2)
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Regulation (EC) No 689/2008 This
Regulation
Article 16(3) 17(3)
Article 16(4) 17(4)
— Article
18
Article 17(1) 18(1)
— 18(2)
Article 17(1) 18(3)
— Article
19
Article 17(2) 19(1)
— 19(2)
— 19(3)
— Article
20
Article 19(1) 20(1)
Article 19(2) 20(2)
Article 19(3) 20(3)
Article 19(3) 20(4)
Article 20 Article
21
— Article
22
Article 21(1) 22(1)
Article 21(2) 22(2)
Article 21(3) 22(3)
— Article
23
Article 22(1) 23(1)
Article 22(2) 23(2)
Article 22(3) 23(3)
Article 22(4) 23(4)
— Article
24
— 24(1)
— 24(2)
— 24(3)
— Article
25
— Article
26
— 26(1)
— 26(2)
— 26(3)
— 26(4)
— 26(5)
— Article
27
Article 24(1) 27(1)
Article 24(2) 27(2)
Article 18 Article
28
L 201/106
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Official Journal of the European Union
27.7.2012
Regulation (EC) No 689/2008 This
Regulation
— Article
29
Article 25 Article
30
Article 26 Article
31
Annex I Annex
I
Annex II Annex
II
Annex III Annex
III
Annex IV Annex
IV
Annex V Annex
V
Annex VI Annex
VI
EN
Official Journal of the European Union
27.7.2012
REGULATION (EU) No 649/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 4 July 2012
concerning the export and import of hazardous chemicals
(recast)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
introduced or clarified and terminology should be aligned
EUROPEAN UNION,
with that used in Regulation (EC) No 1907/2006 of the
European Parliament and of the Council of 18 December
2006 concerning the Registration, Evaluation, Authori
Having regard to the Treaty on the Functioning of the European
sation and Restriction of Chemicals (REACH) and estab
Union, and in particular Article 192(1) and Article 207 thereof,
lishing a European Chemicals Agency ( 6 ), on the one
hand, and Regulation (EC) No
1272/2008 of the
European Parliament and of the Council of 16 December
Having regard to the proposal from the European Commission,
2008 on classification, labelling and packaging of
substances and mixtures ( 7 ) on the other hand. It is
appropriate to ensure that this Regulation reflects the
After transmission of the draft legislative act to the national
transitional provisions of Regulation (EC) No 1272/2008,
parliaments,
in order to avoid any inconsistencies between the
timetable of application of that Regulation and this Regu
lation.
Having regard to the opinion of the European Economic and
Social Committee ( 1 ),
(4)
The Convention allows Parties the right to take action
that is more stringently protective of human health and
After consulting the Committee of the Regions,
the environment than that called for in the Convention,
provided that such action is consistent with the
provisions of the Convention and is in accordance with
Acting in accordance with the ordinary legislative procedure ( 2 ),
international law. It is necessary and appropriate, in order
to ensure a higher level of protection of the environment
and the general public of importing countries, to go
Whereas:
further than the provisions of the Convention in
certain respects.
(1) Regulation
(EC) No
689/2008 of the European
Parliament and of the Council of 17 June 2008
(5) As regards the participation of the Union in the
concerning the export and import of dangerous chemi
Convention, it is essential to have a single contact
cals ( 3 ) has been substantially amended several times.
point for Union interaction with the Secretariat of the
Since further amendments are to be made, Regulation
Convention (the ‘Secretariat’) and other Parties to the
(EC) No 689/2008 should be recast in the interest of
Convention as well as with other countries. The
clarity.
Commission should act as that contact point.
(2) Regulation
(EC)
No
689/2008
implements
the
Rotterdam (6) There is a need to ensure the effective coordination and
Convention on the prior informed consent procedure for
management of technical and administrative aspects of
certain hazardous chemicals and pesticides in inter
this Regulation at Union level. The Member States and
national trade ( 4 ) (the ‘Convention’), which entered into
the European Chemicals Agency established by Regu
force on 24 February 2004, and replaces Regulation (EC)
lation (EC) No 1907/2006 (the ‘Agency’) have the
No 304/2003 of the European Parliament and of the
competence and experience in implementing Union legis
Council of 28 January 2003 concerning the export and
lation on chemicals and international agreements on
import of dangerous chemicals ( 5 ).
chemicals. The Member States and the Agency should,
therefore, carry out tasks with regard to the adminis
trative, technical and scientific aspects of the implemen
(3) For
reasons
of
clarity
and
consistency
with
other
tation of the Convention through this Regulation, as well
relevant Union legislation, certain definitions should be
as the exchange of information. In addition, the
Commission, the Member States and the Agency
( 1 ) OJ C 318, 29.10.2011, p. 163.
should cooperate in order to implement the Union’s
( 2 ) Position of the European Parliament of 10 May 2012 (not yet
international obligations under the Convention effec
published in the Official Journal) and decision of the Council of
tively.
26 June 2012.
( 3 ) OJ L 204, 31.7.2008, p. 1.
( 4 ) OJ L 63, 6.3.2003, p. 29.
( 6 ) OJ L 396, 30.12.2006, p. 1.
( 5 ) OJ L 63, 6.3.2003, p. 1.
( 7 ) OJ L 353, 31.12.2008, p. 1.
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(7) Given
that
certain
tasks
of
the
Commission
should
be (13) Arrangements
are
needed
to
ensure
that
Member
States
transferred to the Agency, the European Database on
and exporters are aware of the decisions of importing
Export and Import of Dangerous Chemicals initially
countries as regards chemicals that are subject to the
established by the Commission should be further
PIC procedure, and that exporters comply with those
developed and maintained by the Agency.
decisions. Furthermore, in order to prevent undesired
exports, no chemicals banned or severely restricted
within the Union that meet the criteria for notification
under the Convention or that are subject to the PIC
(8) Exports
of
hazardous
chemicals
that
are
banned
or
procedure should be exported unless the explicit
severely restricted within the Union should continue to
consent of the importing country concerned has been
be subject to a common export notification procedure.
sought and obtained, whether or not that country is a
Accordingly, hazardous chemicals, whether in the form
Party to the Convention. At the same time, an exemption
of substances on their own or in mixtures or in articles,
from this obligation is appropriate in relation to exports
which have been banned or severely restricted by the
of certain chemicals to countries that are members of the
Union as plant protection products, as other forms of
Organisation for Economic Cooperation and Devel
pesticides, or as industrial chemicals for use by profes
opment (OECD) provided that certain conditions are
sional users or by the public, should be subject to export
met. Furthermore, a procedure is needed to deal with
notification rules similar to those applicable to such
cases in which, despite all reasonable efforts, no
chemicals when they are banned or severely restricted
response is obtained from the importing country, so
within either or both of the use categories laid down
that exports of certain chemicals may proceed on a
in the Convention, namely as pesticides or chemicals
temporary basis under specified conditions. It is also
for industrial use. In addition, chemicals subject to the
necessary to provide for periodic review of all such
international prior informed consent (PIC) procedure (the
cases as well as those in which explicit consent is
‘PIC procedure’) should also be subject to the same
obtained.
export notification rules. That common export notifi
cation procedure should apply to Union exports to all
third countries, whether or not they are Parties to the
Convention or participate in its procedures. Member
(14) It is also important that all chemicals exported have an
States should be permitted to charge administrative
adequate shelf-life so that they may be used effectively
fees, in order to cover their costs in carrying out this
and safely. As regards pesticides, in particular those
procedure.
exported to developing countries, it is essential that
information about appropriate storage conditions be
provided and that suitable packaging and sizes of
containers be used to avoid creating obsolete stocks.
(9) 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
(15) Articles
containing
chemicals
do
not
fall
within
the
scope
down therein can be monitored and assessed.
of the Convention. Nevertheless, it seems appropriate
that articles, as defined in this Regulation, containing
chemicals that could be released under certain conditions
of use or disposal and that are banned or severely
(10) Notifications
to
the
Secretariat
of
Union
or
Member
State
restricted in the Union within one or more of the use
final regulatory actions banning or severely restricting
categories laid down in the Convention or are subject to
chemicals, with a view to their inclusion in the PIC
the PIC procedure should also be subject to the export
procedure, should be submitted by the Commission in
notification rules. Furthermore, certain chemicals and
cases where the criteria laid down in the Convention in
articles containing specific chemicals falling outside the
this regard are met. Additional information to support
scope of the Convention but giving rise to particular
such notifications should be sought where necessary.
concern should not be exported at all.
(11) In
cases
where
Union
or
Member
State
final
regulatory
(16) In
accordance with the Convention, information on
actions do not qualify for notification because they do
transit movements of chemicals subject to the PIC
not meet the criteria laid down in the Convention,
procedure should be provided to Parties to the
information concerning the actions should nevertheless
Convention who request such information.
be conveyed to the Secretariat and other Parties to the
Convention in the interests of exchange of information.
(17) Union rules on packaging and labelling and other safety
information should apply to all chemicals when intended
(12) It
is
also
necessary
to ensure
that
the
Union takes
for export to Parties and other countries unless those
decisions with regard to the import into the Union of
provisions would conflict with any specific requirements
chemicals that are subject to the PIC procedure. These
of those countries, taking into account relevant inter
decisions should be based on applicable Union legislation
national standards. Since Regulation (EC) No 1272/2008
and take into account bans or severe restrictions imposed
established new provisions on classification, labelling and
by Member States. Where justified, amendments to
packaging of substances and mixtures, a reference to that
Union legislation should be proposed.
Regulation should be included in this Regulation.
L 201/62
EN
Official Journal of the European Union
27.7.2012
(18) In
order
to
ensure
effective
control
and
enforcement,
simultaneous, timely and appropriate transmission of
Member States should designate authorities such as
relevant documents to the European Parliament and to
customs authorities that should have the responsibility
the Council.
of controlling imports and exports of chemicals
covered by this Regulation. The Commission, supported
by the Agency, and the Member States have a key role to
(24) In
order
to
ensure
uniform
conditions
for
the
implemen
play and should act in a targeted and coordinated way.
tation of this Regulation, implementing powers should be
Member States should provide for appropriate penalties
conferred on the Commission. Those powers should be
in the event of infringements.
exercised in accordance with Regulation (EU)
No 182/2011 of the European Parliament and of the
Council of 16 February 2011 laying down the rules
(19) In order to facilitate customs control and to reduce the
and general principles concerning mechanisms for
administrative burden for both exporters and authorities,
control by Member States of the Commission’s exercise
a system of codes to be used in export declarations
of implementing powers ( 1 ).
should be established. Special codes should also be
used, as appropriate, for chemicals exported for the
purpose of research or analysis in quantities that are
(25) Since
the
objectives
of
this
Regulation,
namely
to
ensure
unlikely to affect human health or the environment
coherent and effective implementation of the Union’s
and that in any event do not exceed 10 kg from each
obligations under the Convention, cannot be sufficiently
exporter to each importing country per calendar year.
achieved by the Member States and can therefore, by
reason of the necessity to harmonise the rules concerning
imports and exports of hazardous chemicals, be better
(20) Exchange of information, shared responsibility and
achieved at Union level, the Union may adopt measures,
cooperative efforts between the Union and the Member
in accordance with the principle of subsidiarity as set out
States and third countries should be promoted with a
in Article 5 of the Treaty on European Union. In
view to ensuring sound management of chemicals,
accordance with the principle of proportionality, as set
whether or not those third countries are Parties to the
out in that Article, this Regulation does not go beyond
Convention. In particular, technical assistance to
what is necessary in order to achieve those objectives.
developing countries and countries with economies in
transition should be provided directly by the Commission
and the Member States, or indirectly via support for
(26) Regulation
(EC)
No
689/2008
should
be
repealed.
projects by non-governmental organisations, especially
assistance seeking to enable those countries to
implement the Convention, thereby contributing to the
(27) It
is
appropriate
to
provide
for
the
deferred
application
of
prevention of harmful effects of chemicals on human
this Regulation so as to allow the Agency sufficient time
health and the environment.
to prepare for its new role and allowing industry to
familiarise itself with the new procedures,
(21) There
should
be
regular
monitoring
of
the
operation
of
the procedures if they are to be effective. To this end,
HAVE ADOPTED THIS REGULATION:
Member States and the Agency should regularly submit
reports in standardised form to the Commission, which
should in turn regularly report to the European
Article 1
Parliament and the Council.
Objectives
1. The
objectives
of
this
Regulation
are
to:
(22) Technical
notes
for
guidance
should
be
drawn
up
by
the
Agency to assist the designated authorities, including
such authorities as customs authorities controlling
exports, exporters and importers, in the application of
(a) implement the Rotterdam Convention on the Prior
this Regulation.
Informed Consent Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade (the ‘Con
vention’);
(23) In order to adapt this Regulation to technical progress,
the power to adopt acts in accordance with Article 290
of the Treaty on the Functioning of the European Union
(b) promote shared responsibility and cooperative efforts in the
(TFEU) should be delegated to the Commission in respect
international movement of hazardous chemicals in order to
of inclusion of chemicals in Part 1 or 2 of Annex I and
protect human health and the environment from potential
other amendments to that Annex, inclusion of chemicals
harm;
in Part 1 or 2 of Annex V and other amendments to that
Annex, and amendments to Annexes II, III, IV and VI. It
is of particular importance that the Commission carry
(c) contribute to the environmentally sound use of hazardous
out appropriate consultations during its preparatory
chemicals.
work, including at expert level. The Commission, when
preparing and drawing up delegated acts, should ensure a
( 1 ) OJ L 55, 28.2.2011, p. 13.
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The objectives set out in the first subparagraph shall be achieved
(d) chemical weapons covered by Council Regulation (EC)
by facilitating the exchange of information concerning the char
No 428/2009 of 5 May 2009 setting up a Community
acteristics of hazardous chemicals, by providing for a decision-
regime for the control of exports, transfer, brokering and
making process within the Union on their import and export
transit of dual-use items ( 4 );
and by disseminating decisions to Parties and other countries as
appropriate.
(e) food and food additives covered by Regulation (EC)
2. In addition to the objectives set out in paragraph 1, this
No 882/2004 of the European Parliament and of the
Regulation shall ensure that the provisions of Regulation (EC)
Council of 29 April 2004 on official controls performed
No 1272/2008 relating to classification, labelling and packaging
to ensure the verification of compliance with feed and food
apply to all chemicals when they are exported from the Member
law, animal health and animal welfare rules ( 5 );
States to other Parties or other countries, unless those
provisions would conflict with any specific requirements of
those Parties or other countries.
(f) 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
Article 2
of food law, establishing the European Food Safety
Scope
Authority and laying down procedures in matters of food
safety ( 6 ), including additives, whether processed, partially
1. This
Regulation
shall
apply
to:
processed or unprocessed, intended to be used for oral
feeding to animals;
(a) certain hazardous chemicals that are subject to the prior
informed consent procedure under the Convention (the
‘PIC procedure’);
(g) 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 ( 7 );
(b) certain hazardous chemicals that are banned or severely
restricted within the Union or a Member State;
(h) save to the extent covered by Article 3(5)(b) of this Regu
(c) chemicals when exported in so far as their classification,
lation, proprietary medicinal products and veterinary
labelling and packaging are concerned.
medicinal products covered by Directive 2001/83/EC of
the European Parliament and of the Council of
6 November 2001 on the Community code relating to
medicinal products for human use
( 8 ) and Directive
2. This
Regulation
shall
not
apply
to
any
of
the
following:
2001/82/EC of the European Parliament and of the
Council of 6 November 2001 on the Community code
relating to veterinary medicinal products ( 9 ) respectively.
(a) narcotic drugs and psychotropic substances covered by
Council Regulation (EC) No 111/2005 of 22 December
2004 laying down rules for the monitoring of trade
between the Community and third countries in drug precur
3. This
Regulation
shall
not
apply
to
chemicals
exported
for
sors (
the purpose of research or analysis in quantities that are
1 );
unlikely to affect human health or the environment and that
in any event do not exceed 10 kg from each exporter to each
importing country per calendar year.
(b) 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
Notwithstanding the first subparagraph, exporters of the
from ionizing radiation ( 2 );
chemicals referred to therein shall obtain a special reference
identification number using the Database referred to in
Article 6(1)(a) and provide that reference identification
number in their export declaration.
(c) wastes covered by Directive 2008/98/EC of the European
Parliament and of the Council of 19 November 2008 on
waste (
(
3 );
4 ) OJ L 134, 29.5.2009, p. 1.
( 5 ) OJ L 165, 30.4.2004, p. 1.
( 6 ) OJ L 31, 1.2.2002, p. 1.
( 1 ) OJ L 22, 26.1.2005, p. 1.
( 7 ) OJ L 106, 17.4.2001, p. 1.
( 2 ) OJ L 159, 29.6.1996, p. 1.
( 8 ) OJ L 311, 28.11.2001, p. 67.
( 3 ) OJ L 312, 22.11.2008, p. 3.
( 9 ) OJ L 311, 28.11.2001, p. 1.
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Article 3
(6) ‘industrial chemicals’ means chemicals in either of the
following subcategories:
Definitions
For the purposes of this Regulation, the following definitions
shall apply:
(a) chemicals for use by professionals;
(1) ‘chemical’ means a substance, whether by itself or in a
(b) chemicals for use by the public;
mixture, or a mixture, whether manufactured or obtained
from nature, but does not include living organisms, which
belongs to either of the following categories:
(7) ‘chemical subject to export notification’ means any
chemical that is banned or severely restricted within the
Union within one or more categories or subcategories, and
any chemical listed in Part 1 of Annex I that is subject to
(a) pesticides, including severely hazardous pesticide
the PIC procedure;
formulations;
(8) ‘chemical qualifying for PIC notification’ means any
(b) industrial chemicals;
chemical that is banned or severely restricted within the
Union or a Member State within one or more categories.
Chemicals banned or severely restricted in the Union
(2) ‘substance’ means any chemical element and its
within one or more categories are listed in Part 2 of
compounds as defined in point 1 of Article 3 of Regu
Annex I;
lation (EC) No 1907/2006;
(9) ‘chemical subject to the PIC procedure’ means any
chemical listed in Annex III to the Convention and in
(3) ‘mixture’ means a mixture or a solution as defined in point
Part 3 of Annex I to this Regulation;
8 of Article 2 of Regulation (EC) No 1272/2008;
(10) ‘banned chemical’ means either of the following:
(4) ‘article’
means
a
finished
product
containing
or
including
a
chemical, the use of which has been banned or severely
restricted by Union legislation in that particular product
where that product does not fall under point 2 or 3;
(a) a chemical all uses of which within one or more
categories or subcategories have been prohibited by
final regulatory action by the Union in order to
protect human health or the environment;
(5) ‘pesticides’ means chemicals in either of the following
subcategories:
(b) a chemical that has been refused approval for first-time
use or has been withdrawn by industry either from the
(a) pesticides used as plant protection products covered by
Union market or from further consideration in a
Regulation (EC) No
1107/2009 of the European
notification, registration or approval process and
Parliament and of the Council of 21 October 2009
where there is evidence that the chemical raises
concerning the placing of plant protection products
concern for human health or the environment;
on the market ( 1 );
(11) ‘severely restricted chemical’ means either of the following:
(b) other pesticides, such as:
(a) a chemical, virtually all use of which within one or
more categories or subcategories has been prohibited
(i) biocidal products under Directive 98/8/EC of the
by final regulatory action by the Union in order to
European Parliament and of the Council of
protect human health or the environment, but for
16 February 1998 concerning the placing of
which certain specific uses remain allowed;
biocidal products on the market ( 2 ); and
(b) a chemical that has, for virtually all uses, been refused
(ii) disinfectants, insecticides and parasiticides covered
for approval or been withdrawn by industry either
by Directives 2001/82/EC and 2001/83/EC;
from the Union market or from further consideration
in a notification, registration or approval process, and
( 1 ) OJ L 309, 24.11.2009, p. 1.
where there is evidence that the chemical raises
( 2 ) OJ L 123, 24.4.1998, p. 1.
concern for human health or the environment;
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(12) ‘chemical banned or severely restricted by a Member State’
pursuant to the contract on which the export is based,
means any chemical that is banned or severely restricted
the contracting party established in the Union;
by national final regulatory action of a Member State;
(13) ‘final regulatory action’ means a legally binding act the
(19) ‘importer’ means any natural or legal person who at the
purpose of which is to ban or severely restrict a chemical;
time of import into the customs territory of the Union is
the consignee for the chemical;
(14) ‘severely hazardous pesticide formulation’ means a
chemical formulated for use as a pesticide that produces
severe health or environmental effects observable within a
(20) ‘Party to the Convention’ or ‘Party’ means a State or a
short period of time after single or multiple exposure,
regional economic integration organisation that has
under conditions of use;
consented to be bound by the Convention and for
which the Convention is in force;
(15) ‘customs territory of the Union’ means the territory as
determined in Article 3 of Council Regulation (EEC)
No 2913/92 of 12 October 1992 establishing the
(21) ‘other country’ means any country that is not a Party;
Community Customs Code ( 1 );
(22) ‘Agency’ means the European Chemicals Agency estab
(16) ‘export’ means the following:
lished under Regulation (EC) No 1907/2006;
(a) the permanent or temporary export of a chemical
meeting the conditions of Article 28(2) TFEU;
(23) ‘Secretariat’ means the Secretariat of the Convention,
unless otherwise specified in this Regulation.
(b) the re-export of a chemical not meeting the conditions
of Article 28(2) TFEU which is placed under a customs
procedure other than the external Union transit
Article 4
procedure for movement of goods through the
customs territory of the Union;
Designated national authorities of the Member States
Each Member State shall designate the authority or authorities
(the ‘designated national authority’ or the ‘designated national
(17) ‘import’ means the physical introduction into the customs
authorities’) to carry out the administrative functions required
territory of the Union of a chemical that is placed under a
by this Regulation, unless it has already done so before the
customs procedure other than the external Union transit
entry into force of this Regulation.
procedure for movement of goods through the customs
territory of the Union;
It shall inform the Commission of such designation by
(18) ‘exporter’ means any of the following persons, whether
17 November 2012, unless that information has been already
natural or legal:
provided before entry into force of this Regulation, and shall
also inform the Commission of any change of designated
national authority.
(a) the person on whose behalf an export declaration is
made, that is to say the person who, at the time the
declaration is accepted, holds the contract with the
consignee in a Party or other country and has the
Article 5
power to determine that the chemical be sent out of
the customs territory of the Union;
Participation of the Union in the Convention
1. Participation
in
the
Convention
shall
be
a
joint
responsi
bility of the Commission and the Member States, in particular
(b) where no export contract has been concluded or
as regards technical assistance, the exchange of information and
where the holder of the contract does not act on its
matters relating to dispute settlement, participation in subsidiary
own behalf, the person who has the power to
bodies and voting.
determine that the chemical be sent out of the
customs territory of the Union;
2. The
Commission
shall
act
as
a
common
designated
(c) where the benefit of a right to dispose of the chemical
authority for the administrative functions of the Convention
belongs to a person established outside the Union
with reference to the PIC procedure on behalf of and in close
cooperation and consultation with all the designated national
( 1 ) OJ L 302, 19.10.1992, p. 1.
authorities of the Member States.
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The Commission shall, in particular, be responsible for the
assistance and technical and scientific guidance in order to
following:
ensure the effective application of this Regulation;
(a) the transmission of Union export notifications to Parties
and other countries pursuant to Article 8;
(e) at the request of Member State or Commission experts of
the Chemical Review Committee, and within the available
resources, provide input in drafting of decision guidance
(b) the submission to the Secretariat of notifications of relevant
documents referred to in Article 7 of the Convention and
final regulatory actions concerning chemicals qualifying for
other technical documents related to the implementation of
PIC notification pursuant to Article 11;
the Convention;
(c) the transmission of information concerning other final regu
latory actions involving chemicals not qualifying for PIC
(f) upon request, provide the Commission with technical and
notification in accordance with Article 12;
scientific input and assist it in order to ensure the effective
implementation of this Regulation;
(d) the receiving of information from the Secretariat more
generally.
(g) upon request, provide the Commission with technical and
scientific input and assist it in exercising its role as the
The Commission shall also provide the Secretariat with Union
common designated authority of the Union.
import responses for chemicals subject to the PIC procedure
pursuant to Article 13.
2. The
Secretariat
of
the
Agency
shall
carry
out
the
tasks
In addition, the Commission shall coordinate the Union input
allocated to the Agency under this Regulation.
on all technical issues relating to the following:
(a) the Convention;
Article 7
Chemicals subject to export notification, chemicals
(b) the preparation of the Conference of the Parties established
qualifying for PIC notification, and chemicals subject to
by Article 18(1) of the Convention;
the PIC procedure
(c) the Chemical Review Committee established in accordance
1. The
chemicals
subject
to
export
notification,
the
chemicals
with Article 18(6) of the Convention (the ‘Chemical Review
qualifying for PIC notification and the chemicals subject to the
Committee’);
PIC procedure shall be as listed in Annex I.
(d) other subsidiary bodies of the Conference of the Parties.
2. Chemicals
listed
in
Annex
I
shall
be
assigned
to
one
or
more of three groups of chemicals, set out as Parts 1, 2 and 3
3. The
Commission
and
the
Member
States
shall
take
the of that Annex.
necessary initiatives to ensure appropriate representation of
the Union in the various bodies implementing the Convention.
The chemicals listed in Part 1 of Annex I shall be subject to the
Article 6
export notification procedure laid down in Article 8, with
detailed information being given on the identity of the
Tasks of the Agency
substance, on the use category and/or subcategory subject to
restriction, the type of restriction and, where appropriate,
1. The Agency shall, in addition to the tasks allocated to it
additional information, in particular on exemptions to
under Articles 7, 8, 9, 10, 11, 13, 14, 15, 18, 19, 20, 21, 22
requirements for export notification.
and 25, carry out the following tasks:
(a) maintain, further develop and regularly update a database
The chemicals listed in Part 2 of Annex I shall, in addition to
on export and import of hazardous chemicals (the ‘Data
being subject to the export notification procedure laid down in
base’);
Article 8, qualify for the PIC notification procedure set out in
Article 11, with detailed information being given on the identity
(b) make the Database publicly available on its website;
of the substance and on the use category.
(c) where appropriate, provide, with the agreement of the
The chemicals listed in Part 3 of Annex I shall be subject to the
Commission and after consultations with Member States,
PIC procedure with the use category being given and, where
assistance and technical and scientific guidance and tools
appropriate, additional information, in particular on any
for the industry in order to ensure the effective application
requirements for export notification.
of this Regulation;
(d) provide, with the agreement of the Commission, the
3. The lists set out in Annex I shall be made publicly
designated national authorities of the Member States with
available by means of the Database.
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Article 8
4. A
new
export
notification
shall
be
made
in
accordance
with paragraph 2 for exports which take place subsequent to
Export notifications forwarded to Parties and other
the entry into force of amendments to Union legislation
countries
concerning the marketing, use or labelling of the substances
1. In the case of substances listed in Part 1 of Annex I or
in question or whenever the composition of the mixture in
mixtures containing such substances in a concentration that
question changes so that the labelling of such mixture is
triggers labelling obligations under Regulation (EC)
altered. The new notification shall comply with the information
No 1272/2008 irrespective of the presence of any other
requirements laid down in Annex II and shall indicate that it is
substances, paragraphs 2 to 8 of this Article shall apply
a revision of a previous notification.
regardless of the intended use of the chemical in the
importing Party or other country.
5. Where
the
export
of
a
chemical
relates
to
an
emergency
situation in which any delay may endanger public health or the
environment in the importing Party or other country, an
2. When
an
exporter
is
due
to
export
a
chemical
referred
to exemption from the obligations set out in paragraphs 2, 3
in paragraph 1 from the Union to a Party or other country for
and 4 in whole or in part may be granted at the reasoned
the first time on or after the date on which it becomes subject
request of the exporter or the importing Party or other
to this Regulation, the exporter shall notify the designated
country and at the discretion of the designated national
national authority of the Member State in which he is estab
authority of the exporter’s Member State, in consultation with
lished (the ‘exporter’s Member State’), no later than 35 days
the Commission assisted by the Agency. A decision on the
before the expected date of export. Thereafter the exporter
request shall be considered to have been made in consultation
shall notify that designated national authority of the first
with the Commission if there is no dissenting response from the
export of the chemical each calendar year no later than
Commission within 10 days of the designated national authority
35 days before the export takes place. The notifications shall
of the Member State sending it details of the request.
comply with the information requirements laid down in Annex
II and shall be made available to the Commission and to the
Member States by means of the Database.
6. Without prejudice to the obligations set out in
Article 19(2), the obligations set out in paragraphs 2, 3 and
4 of this Article shall cease when all of the following conditions
The designated national authority of the exporter’s Member
are fulfilled:
State shall check compliance of the information with Annex
II and if the notification is complete forward it to the Agency
no later than 25 days before the expected date of export.
(a) the chemical has become a chemical subject to the PIC
procedure;
The Agency shall, on behalf of the Commission, transmit the
(b) the importing country is a Party to the Convention and has
notification to the designated national authority of the
provided the Secretariat with a response in accordance with
importing Party or the appropriate authority of the importing
Article 10(2) of the Convention indicating whether or not it
other country and take the measures necessary to ensure that
consents to import of the chemical; and
they receive that notification no later than 15 days before the
first intended export of the chemical and thereafter no later
than 15 days before the first export in any subsequent
calendar year.
(c) the Commission has been informed of that response by the
Secretariat and has forwarded that information to the
Member States and the Agency.
The Agency shall register each export notification and assign it
a reference identification number in the Database. The Agency
Notwithstanding the first subparagraph of this paragraph, the
shall also make available to the public and the designated
obligations set out in paragraphs 2, 3 and 4 of this Article shall
national authorities of the Member States, as appropriate, an
not cease where an importing country is a Party to the
updated list of the chemicals concerned and the importing
Convention and explicitly requires continued export notification
Parties and other countries for each calendar year by means
by exporting Parties, for example through its import decision or
of the Database.
otherwise.
3. If the Agency does not receive from the importing Party
Without prejudice to the obligations set out in Article 19(2), the
or other country an acknowledgement of receipt of the first
obligations set out in paragraphs 2, 3 and 4 of this Article shall
export notification made after the chemical is included in Part
also cease when both of the following conditions are fulfilled:
1 of Annex I within 30 days of the dispatch of such notifi
cation, it shall, on behalf of the Commission, submit a second
notification. The Agency shall, on behalf of the Commission,
(a) the designated national authority of the importing Party or
make reasonable efforts to ensure that the designated national
the appropriate authority of the importing other country
authority of the importing Party or the appropriate authority of
has waived the requirement to be notified before the
the importing other country receives the second notification.
export of the chemical; and
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(b) the Commission has received the information from the
(b) mixtures containing such substances in a concentration that
Secretariat or from the designated national authority of
triggers labelling obligations under Regulation (EC)
the importing Party or the appropriate authority of the
No 1272/2008 irrespective of the presence of any other
importing other country and has forwarded it to the
substances; or
Member States and the Agency, which has made it
available by means of the Database.
(c) articles containing substances listed in Part 2 or 3 of
Annex I in unreacted form or mixtures containing such
7. The
Commission,
the
relevant
designated
national
auth
substances in a concentration that triggers labelling
orities of the Member States, the Agency and the exporters
obligations under Regulation (EC) No 1272/2008 irre
shall, on request, provide importing Parties and other
spective of the presence of any other substances;
countries with available additional information concerning the
exported chemicals.
shall, during the first quarter of each year, inform the designated
national authority of the exporter’s Member State regarding the
8. Member
States
may
establish,
in
a
transparent
manner, quantity of the chemical, as a substance and as contained in
systems obliging exporters to pay an administrative fee for
mixtures or in articles, shipped to each Party or other country
each export notification made and for each request for
during the preceding year. That information shall be given
explicit consent made, corresponding to the costs they incur
together with a list of the names and addresses of each
in carrying out the procedures set out in paragraphs 2 and 4
natural or legal person importing the chemical into a Party or
of this Article and in Article 14(6) and (7).
other country to which shipment took place during the same
period. That information shall list separately exports pursuant to
Article 14(7).
Article 9
Export notifications received from Parties and other
countries
Each importer within the Union shall provide the equivalent
information for the quantities imported into the Union.
1. Export
notifications
received
by
the
Agency
from
the
designated national authorities of Parties or the appropriate
authorities of other countries concerning the export to the
2. At the request of the Commission, assisted by the Agency,
Union of a chemical the manufacture, use, handling,
or the designated national authority of its Member State, the
consumption, transport or sale of which is subject to
exporter or importer shall provide any additional information
prohibition or severe restriction under that Party’s or other
relating to chemicals that is necessary to implement this Regu
country’s legislation shall be made available by means of the
lation.
Database within 15 days of the Agency’s receipt of such notifi
cation.
3. Each Member State shall provide the Agency each year
The Agency shall, on behalf of the Commission, acknowledge
with aggregated information in accordance with Annex III.
receipt of the first export notification received for each chemical
The Agency shall summarise that information at Union level
from each Party or other country.
and shall make the non-confidential information publicly
available by means of the Database.
The designated national authority of the Member State receiving
that import shall receive a copy of any notification received by
Article 11
the Agency, within 10 days of its receipt, together with all
available information. Other Member States shall be entitled
Notification of banned or severely restricted chemicals
to receive copies on request.
under the Convention
1. The
Commission
shall
notify
the
Secretariat
in
writing
of
the chemicals listed in Part 2 of Annex I, which qualify for PIC
2. Where the Commission or the designated national auth
notification.
orities of the Member States receive any export notifications
either directly or indirectly from the designated national auth
orities of Parties or the appropriate authorities of other coun
2. Whenever
further
chemicals
are
added
to
Part
2
of
tries, they shall immediately forward those notifications to the
Annex I pursuant to the second subparagraph of Article 23(2),
Agency together with all available information.
the Commission shall notify those chemicals to the Secretariat.
That PIC notification shall be submitted as soon as possible
after adoption of the relevant final regulatory action at Union
Article 10
level banning or severely restricting the chemical, and no later
than 90 days after the date on which the final regulatory action
Information on export and import of chemicals
is to be applied.
1. Each exporter of one or more of the following:
3. The
PIC
notification
shall
provide
all
relevant
information
(a) substances listed in Annex I;
required in Annex IV.
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4. In
determining
priorities
for
notifications,
the
Commission
(b) provide the information to the Secretariat, pursuant to
shall take into account whether the chemical is already listed in
Article 12.
Part 3 of Annex I, the extent 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
Article 12
for developing countries.
Information to be transmitted to the Secretariat
concerning banned or severely restricted chemicals not
Where a chemical qualifies for PIC notification, but the
qualifying for PIC notification
information is insufficient to meet the requirements of
In the case of chemicals listed only in Part 1 of Annex I or
Annex IV, identified exporters or importers shall, upon
following receipt of information from a Member State pursuant
request by the Commission, provide all relevant information
to point (b) of Article 11(8), the Commission shall provide the
available to them, including that from other national or inter
Secretariat with information concerning the relevant final regu
national chemical control programmes, within 60 days of the
latory actions, so that the information can be disseminated to
request.
other Parties to the Convention as appropriate.
5. The
Commission
shall
notify
the
Secretariat
in
writing
Article 13
when a final regulatory action notified under paragraphs 1 or
2 is amended as soon as possible after adoption of the new final
Obligations in relation to import of chemicals
regulatory action, and no later than 60 days after the date on
which the new final regulatory action is to be applied.
1. The
Commission
shall
immediately
forward
to
the
Member States and the Agency any decision guidance
documents which it receives from the Secretariat.
The Commission shall provide all relevant information that was
not available at the time the initial notification was made under
paragraphs 1 or 2 respectively.
The Commission shall, by means of an implementing act, adopt
an import decision in the form of a final or interim import
response on behalf of the Union concerning the future import
6. At
the
request
of
any
Party
or
the
Secretariat,
the of the chemical concerned. That implementing act shall be
Commission shall provide additional information concerning
adopted in accordance with the advisory procedure referred to
the chemical or the final regulatory action, as far as practicable.
in Article 27(2). The Commission shall communicate the
decision to the Secretariat as soon as possible, and no later
than nine months after the date of dispatch of the decision
The Member States and the Agency shall, upon request, assist
guidance document by the Secretariat.
the Commission as necessary in compiling that information.
Where a chemical becomes subject to additional or amended
7. The
Commission
shall
forward
immediately
to
the restrictions under Union legislation, the Commission shall, by
Member States and the Agency information that it receives
means of an implementing act, adopt a revised import decision.
from the Secretariat regarding chemicals notified as banned or
That implementing act shall be adopted in accordance with the
severely restricted by other Parties.
advisory procedure referred to in Article 27(2). The
Commission shall communicate the revised import decision to
the Secretariat.
Where appropriate, the Commission shall evaluate, in close
cooperation with the Member States and the Agency, the
need to propose measures at Union level in order to prevent
2. In the case of a chemical banned or severely restricted by
any unacceptable risks to human health or the environment
one or more Member States, the Commission shall, at the
within the Union.
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 Union legislation to
3. An import decision under paragraph 1 shall relate to the
ban or severely restrict a chemical, it shall provide the
category or categories specified for the chemical in the decision
Commission with relevant information. The Commission shall
guidance document.
make that information available to the Member States. Within
four weeks of that information having been made available,
Member States may send comments on a possible PIC notifi
4. When communicating the import decision to the Secre
cation, including, in particular, relevant information about their
tariat, the Commission shall provide a description of the legis
national regulatory position in respect of the chemical to the
lative or administrative measure upon which it is based.
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
5. Each
designated
national
authority
of
the
Member
States
Commission whether the latter has to:
shall make the import decisions under paragraph 1 available to
those concerned within its competence, in accordance with its
legislative or administrative measures. The Agency shall make
(a) make a PIC notification to the Secretariat, pursuant to this
the import decisions under paragraph 1 publicly available by
Article; or
means of the Database.
L 201/70
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27.7.2012
6. Where
appropriate,
the
Commission
shall
evaluate,
in (a) explicit consent to import has been sought and received by
close cooperation with the Member States and the Agency,
the exporter through the designated national authority of
the need to propose measures at Union level in order to
the exporter’s Member State in consultation with the
prevent any unacceptable risks to human health or the
Commission, assisted by the Agency, and the designated
environment within the Union, taking into account the
national authority of the importing Party or an appropriate
information given in the decision guidance document.
authority in an importing other country;
Article 14
(b) in the case of chemicals listed in Part 3 of Annex I, the
latest circular issued by the Secretariat pursuant to
Obligations in relation to export of chemicals other than
paragraph 1 indicates that the importing Party has given
export notification
consent to import.
1. The
Commission
shall
immediately
forward
to
the
Member States, the Agency and European industry associations
the information which it receives, whether in the form of
In the case of chemicals listed in Part 2 of Annex I that are to
circulars or otherwise, from the Secretariat regarding
be exported to OECD countries, the designated national
chemicals subject to the PIC procedure and the decisions of
authority of the exporter’s Member State may, at the request
importing Parties regarding import conditions applicable to
of the exporter, in consultation with the Commission and on a
those chemicals. It shall also immediately forward to the
case-by-case basis, decide that no explicit consent is required if
Member States and the Agency information concerning any
the chemical, at the time of importation into the OECD country
cases of failure to transmit a response in accordance with
concerned, is licensed, registered or authorised in that OECD
Article 10(2) of the Convention. The Agency shall assign each
country.
import decision a reference identification number and keep all
information regarding such decisions publicly available by
means of the Database, and provide anyone with that
information upon request.
Where explicit consent has been sought pursuant to point (a) of
the first subparagraph, if the Agency has not received a
response to the request within 30 days, the Agency shall, on
behalf of the Commission, send a reminder unless the
2. The
Commission
shall
assign
each
chemical
listed
in Commission or the designated national authority of the
Annex I a classification in the European Union’s Combined
exporter’s Member State received a response and forwarded it
Nomenclature. Those classifications shall be revised as
to the Agency. Where appropriate, if there is still no response
necessary in the light of any changes made in the World
within a further 30 days, the Agency may send further
Customs Organisation’s Harmonised System Nomenclature or
reminders as necessary.
in the European Union’s Combined Nomenclature for the
chemicals concerned.
7. In the case of chemicals listed in Part 2 or 3 of Annex I,
the designated national authority of the exporter’s Member State
3. Each
Member
State
shall
communicate
the
information may, in consultation with the Commission assisted by the
and decisions forwarded by the Commission under paragraph
Agency, on a case-by-case basis and subject to the second
1 to those concerned within its jurisdiction.
subparagraph, decide that the export may proceed, if no
evidence from official sources of final regulatory action to
ban or severely restrict the use of the chemical taken by the
importing Party or other country exists and if, after all
4. Exporters
shall
comply
with
decisions
in
each
import reasonable efforts, no response to a request for explicit
response no later than six months after the Secretariat first
consent pursuant to point (a) of paragraph 6 has been
informs the Commission of such decisions under paragraph 1.
received within 60 days and where one of the following
conditions is met:
5. The
Commission,
assisted
by
the
Agency,
and
the
Member
States shall advise and assist importing Parties, upon request
(a) there is evidence from official sources in the importing Party
and as appropriate, in obtaining further information needed
or other country that the chemical is licensed, registered or
to prepare a response to the Secretariat concerning the
authorised; or
import of a given chemical.
(b) the intended use declared in the export notification and
6. Substances listed in Part 2 or 3 of Annex I or mixtures
confirmed in writing by the natural or legal person
containing such substances in a concentration that triggers
importing the chemical into a Party or other country, is
labelling obligations under Regulation (EC) No 1272/2008 irre
not in a category for which the chemical is listed in Part
spective of the presence of any other substances shall, regardless
2 or 3 of Annex I, and there is evidence from official
of their intended use in the importing Party or other country,
sources that the chemical has in the last five years been
not be exported unless either of the following conditions is
used in or imported into the importing Party or other
fulfilled:
country concerned.
EN
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Journal
of
the
European
Union L
201/71
In the case of chemicals listed in Part 3 of Annex I, an export
of the chemical render that impracticable. In particular, in the
based on the fulfilment of the condition under point (b) may
case of pesticides, exporters shall ensure that the size and
not proceed if the chemical has been classified in accordance
packaging of containers is optimised so as to minimise the
with Regulation (EC) No 1272/2008 as carcinogenic category
risk of creating obsolete stocks.
1A or 1B, or mutagenic category 1A or 1B, or toxic for repro
duction category 1A or 1B or the chemical fulfils the criteria of
Annex XIII to Regulation (EC) No 1907/2006 for being
11. When
exporting
pesticides,
exporters
shall
ensure
that
persistent, bioaccumulative and toxic or very persistent and
the label contains specific information about storage conditions
very bioaccumulative.
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
When deciding on the export of chemicals listed in Part 3 of
specification laid down in Union legislation.
Annex I, the designated national authority of the exporter’s
Member State shall, in consultation with the Commission
assisted by the Agency, consider the possible impact on
Article 15
human health or the environment of the use of the chemical
in the importing Party or other country, and submit relevant
Export of certain chemicals and articles
documentation to the Agency, to be made available by means
of the Database.
1. Articles
shall
be
subject
to
the
export
notification
procedure laid down in Article 8 if they contain any of the
following:
8. The
validity
of
each
explicit
consent
obtained
pursuant
to
point (a) of paragraph 6 or decision to proceed with export in
the absence of explicit consent pursuant to paragraph 7 shall be
(a) substances listed in Part 2 or 3 of Annex I in unreacted
subject to periodic review by the Commission in consultation
form;
with the Member States concerned as follows:
(b) mixtures containing such substances in a concentration that
triggers labelling obligations under Regulation (EC)
(a) for each explicit consent obtained pursuant to point (a) of
No 1272/2008 irrespective of the presence of any other
paragraph 6 a new explicit consent shall be required by the
substances.
end of the third calendar year after the consent was given,
unless the terms of that consent require otherwise;
2. Chemicals and articles the use of which is prohibited in
the Union for the protection of human health or the
(b) unless a response to a request has been received in the
environment, as listed in Annex V, shall not be exported.
meantime, each decision to proceed without explicit
consent pursuant to paragraph 7 shall be valid for a
maximum period of 12 months, upon expiry of which
explicit consent shall be required.
Article 16
Information on transit movements
1. Parties to the Convention requiring information
In the cases referred to in point (a) of the first subparagraph,
concerning transit movements of chemicals subject to the PIC
exports may, however, continue after the end of the relevant
procedure, together with the information requested by each
period, pending a response to a new request for explicit
Party to the Convention through the Secretariat, shall be as
consent, for an additional period of 12 months.
listed in Annex VI.
9. The
Agency
shall
register
all
requests
for
explicit
consent, 2. Where
a
chemical
listed
in
Part
3
of
Annex
I
is
trans
responses obtained and decisions to proceed without explicit
ported through the territory of a Party to the Convention listed
consent, including the documentation referred to in the third
in Annex VI, the exporter shall, as far as practicable, provide the
subparagraph of paragraph 7, in the Database. Each explicit
designated national authority of the exporter’s Member State
consent obtained or decision to proceed without explicit
with the information required by the Party to the Convention
consent shall be assigned a reference identification number
in accordance with Annex VI no later than 30 days before the
and shall be listed with all relevant information concerning
first transit movement takes place and no later than eight days
any conditions attached, such as validity dates. The non-
before each subsequent transit movement.
confidential information shall be made publicly available by
means of the Database.
3. The
designated
national
authority
of
the
exporter’s
Member State shall forward to the Commission with a copy
10. No
chemical
shall
be
exported
later
than
six
months to the Agency, the information received from the exporter
before its expiry date, where such a date exists or can be
under paragraph 2 together with any additional information
inferred from the production date, unless the intrinsic properties
available.
L 201/72
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Official Journal of the European Union
27.7.2012
4. The
Commission
shall
forward
the
information
received coordinate a network of the Member States’ authorities
under paragraph 3 to the designated national authorities of
responsible for enforcement of this Regulation.
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.
3. Each
Member
State
shall,
in
its
regular
reports
on
the
operation of procedures pursuant to Article 22(1), include
details of the activities of its authorities in that regard.
Article 17
Information to accompany exported chemicals
Article 19
1. Chemicals
that
are
intended
for
export
shall
be
subject
to
Further obligations of exporters
the provisions on packaging and labelling established in, or
1. Exporters
of
chemicals
subject
to
the
obligations
set
out
in
pursuant to, Regulation (EC) No
1107/2009, Directive
Article 8(2) and (4) shall provide the applicable reference identi
98/8/EC and Regulation (EC) No 1272/2008, or any other
fication numbers in their export declaration (box 44 of the
relevant Union legislation.
Single Administrative Documents or corresponding data
element in an electronic export declaration) as referred to in
Article 161(5) of Regulation (EEC) No 2913/92.
The first subparagraph shall apply unless those provisions
would conflict with any specific requirements of the
importing Parties or other countries.
2. Exporters
of
chemicals
exempted
by
Article
8(5)
from
the
obligations set out in paragraphs 2 and 4 of that Article or of
chemicals for which those obligations have ceased in
accordance with Article 8(6) shall obtain a special reference
2. Where appropriate, the expiry date and the production
identification number using the Database and provide that
date of chemicals referred to in paragraph 1 or listed in
reference identification number in their export declaration.
Annex I shall be indicated on the label, and if necessary such
expiry dates shall be given for different climate zones.
3. Where
requested
by
the
Agency,
exporters
shall
use
the
Database for the submission of information required for the
3. A
safety
data
sheet
in
accordance
with
Regulation
(EC) fulfilment of their obligations under this Regulation.
No 1907/2006 shall accompany chemicals referred to in
paragraph 1 when exported. The exporter shall send such a
safety data sheet to each natural or legal person importing
the chemical into a Party or other country.
Article 20
Exchange of information
1. The
Commission,
assisted
by
the
Agency,
and
the
Member
4. The information on the label and on the safety data sheet
States shall, as appropriate, facilitate the provision of scientific,
shall as far as practicable be given in the official languages, or in
technical, economic and legal information concerning chemicals
one or more of the principal languages, of the country of
subject to this Regulation, including toxicological, ecotoxico
destination or of the area of intended use.
logical and safety information.
Article 18
The Commission, with the support of the Member States and
the Agency as necessary, shall, as appropriate, ensure the
Obligations of the authorities of the Member States for
following:
controlling import and export
1. Each
Member
State
shall
designate
authorities
such
as
customs authorities that shall have the responsibility of
(a) the provision of publicly available information concerning
controlling the import and export of chemicals listed in
regulatory actions relevant to the objectives of the
Annex I, unless it has already done so before the entry into
Convention;
force of this Regulation.
(b) the provision of information for Parties and other countries
The Commission, supported by the Agency, and the Member
directly or through the Secretariat concerning those actions
States shall act in a targeted and coordinated way in monitoring
which substantially restrict one or more uses of a chemical.
exporters’ compliance with this Regulation.
2. The Commission, the Member States and the Agency shall
2. The
Forum
for
Exchange
of
Information
on
Enforcement protect any confidential information received from a Party or
established by Regulation (EC) No 1907/2006 shall be used to
other country as mutually agreed.
EN
27.7.2012 Official
Journal
of
the
European
Union L
201/73
3. As
regards
the
transmission
of
information
under
this chemicals management, by providing information concerning
Regulation, and without prejudice to Directive 2003/4/EC of
the projects they are supporting or financing to improve the
the European Parliament and of the Council of 28 January
management of chemicals in developing countries and countries
2003 on public access to environmental information ( 1 ), the
with economies in transition. The Commission and the Member
following information at least shall not be regarded as
States shall also consider giving support to non-governmental
confidential:
organisations.
(a) the information specified in Annex II and Annex IV;
Article 22
Monitoring and reporting
(b) the information contained in safety data sheets referred to
in Article 17(3);
1. Member
States
and
the
Agency
shall
forward
information
to the Commission every three years concerning the operation
of the procedures provided for in this Regulation, including
(c) the expiry date of a chemical;
customs controls, infringements, penalties and remedial action,
as appropriate. The Commission shall adopt an implementing
act laying down in advance a common format for reporting.
(d) the production date of a chemical;
That implementing act shall be adopted in accordance with the
advisory procedure referred to in Article 27(2).
(e) information concerning precautionary measures, including
hazard classification, the nature of the risk and the
2. The
Commission
shall
compile
a
report
every
three
years
relevant safety advice;
on the performance of the functions provided for in this Regu
lation for which it is responsible and shall incorporate it in a
synthesis report integrating the information provided by the
(f) the summary results of toxicological and ecotoxicological
Member States and the Agency under paragraph 1. A
tests;
summary of that report, which shall be published on the
internet, shall be forwarded to the European Parliament and
to the Council.
(g) information concerning handling packaging after chemicals
have been removed.
3. As
regards
the
information
supplied
pursuant
to
para
4. A
compilation
of
the
information
transmitted
shall
be graphs 1 and 2, the Commission, the Member States and the
prepared every two years by the Agency.
Agency shall comply with relevant obligations to protect the
confidentiality and ownership of data.
Article 21
Article 23
Technical assistance
The Commission, the designated national authorities of the
Updating annexes
Member States and the Agency shall, taking into account in
1. The
list
of
chemicals
in
Annex
I
shall
be
reviewed
by
the
particular the needs of developing countries and countries
Commission at least every year, on the basis of developments in
with economies in transition, cooperate in promoting
Union law and under the Convention.
technical assistance, including training, for the development of
the infrastructure, the capacity and the expertise necessary to
manage chemicals properly throughout their lifecycles.
2. When
determining
whether
a
final
regulatory
action
at
Union level constitutes a ban or a severe restriction, the effect
In particular, and with a view to enabling those countries to
of that action shall be assessed at the level of the subcategories
implement the Convention, technical assistance shall be
within the categories ‘pesticides’ and ‘industrial chemicals’. If the
promoted by means of the provision of technical information
final regulatory action bans or severely restricts a chemical
concerning chemicals, the promotion of the exchange of
within any one of the subcategories it shall be included in
experts, support for the establishment or maintenance of
Part 1 of Annex I.
designated national authorities and the provision of technical
expertise for the identification of hazardous pesticide formu
lations and for the preparation of notifications to the Secre
When determining whether a final regulatory action at Union
tariat.
level constitutes a ban or a severe restriction such that the
chemical concerned qualifies for PIC notification under
Article 11, the effect of that action shall be assessed at the
The Commission and the Member States shall actively
level of the categories ‘pesticides’ and ‘industrial chemicals’. If
participate in international activities in capacity-building in
the final regulatory action bans or severely restricts a chemical
within either of the categories it shall also be included in Part 2
( 1 ) OJ L 41, 14.2.2003, p. 26.
of Annex I.
L 201/74
EN
Official Journal of the European Union
27.7.2012
3. The
decision
to
include
chemicals
in
Annex
I,
or
to
Article 25
modify their entry where appropriate, shall be taken without
undue delay.
Formats and software for submission of information to the
Agency
The Agency shall specify formats and software packages and
4. In order to adapt this Regulation to technical progress, the
make them available free of charge on its website for any
Commission shall be empowered to adopt delegated acts in
submission of information to the Agency. Member States and
accordance with Article 26 concerning the following measures:
other parties subject to this Regulation shall use those formats
and packages in their submissions to the Agency pursuant to
this Regulation.
(a) inclusion of a chemical in Part 1 or 2 of Annex I pursuant
to paragraph 2 of this Article following final regulatory
action at Union level, and other amendments of Annex I,
Article 26
including modifications to existing entries;
Exercise of the delegation
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
(b) inclusion of a chemical that is subject to Regulation (EC)
Commission subject to the conditions laid down in this Article.
No 850/2004 of the European Parliament and of the
Council of 29 April 2004 on persistent organic pollu
2. The power to adopt delegated acts referred to in
tants ( 1 ) in Part 1 of Annex V;
Article 23(4) shall be conferred on the Commission for a
period of five years from 1 March 2014. The Commission
shall draw up a report in respect of the delegation of power
(c) inclusion of a chemical already subject to an export ban at
not later than nine months before the end of the five-year
Union level in Part 2 of Annex V;
period. The delegation of power shall be tacitly extended for
periods of an identical duration, unless the European Parliament
or the Council opposes such extension no later than three
(d) modifications to existing entries in Annex V;
months before the end of each period.
3. The
delegation
of
power
referred
to
in
Article
23(4)
may
(e) amendments of Annexes II, III, IV and VI.
be revoked at any time by the European Parliament or by the
Council. A decision to revoke shall put an end to the delegation
of the power specified in that decision. It shall take effect the
Article 24
day following the publication of the decision in the Official
Journal of the European Union or at a later date specified
The budget of the Agency
therein. It shall not affect the validity of any delegated acts
already in force.
1. For the purposes of this Regulation, the revenues of the
Agency shall consist of:
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
notify it simultaneously to the European Parliament and to the
(a) a subsidy from the Union, entered in the general budget of
Council.
the Union (Commission Section);
5. A
delegated
act
adopted
pursuant
to
Article
23(4)
shall
enter into force only if no objection has been expressed either
(b) any voluntary contribution from the Member States.
by the European Parliament or the Council within a period of
two months of notification of that act to the European
Parliament and the Council or if, before the expiry of that
2. Revenues
and
expenditure
for
activities
under
this
Regu
period, the European Parliament and the Council have both
lation and those relating to activities under other Regulations
informed the Commission that they will not object. That
shall be dealt with separately, through different sections in the
period shall be extended by two months at the initiative of
Agency’s budget.
the European Parliament or of the Council.
Article 27
The revenues of the Agency referred to in paragraph 1 shall be
used for carrying out its tasks under this Regulation.
Committee procedure
1. The
Commission
shall
be
assisted
by
the
committee
estab
lished by Article 133 of Regulation (EC) No 1907/2006. That
3. The
Commission
shall
examine
whether
it
is
appropriate committee shall be a committee within the meaning of Regu
for the Agency to charge a fee for the services provided to
lation (EU) No 182/2011.
exporters within five years of 1 March 2014 and, if necessary,
submit a relevant proposal.
2. Where
reference
is
made
to
this
paragraph,
Article
4
of
( 1 ) OJ L 158, 30.4.2004, p. 7.
Regulation (EU) No 182/2011 shall apply.
EN
27.7.2012 Official
Journal
of
the
European
Union L
201/75
Article 28
Article 30
Penalties
Repeal
Member States shall lay down the rules on penalties applicable
Regulation (EC) No 689/2008 shall be repealed with effect from
to infringements of the provisions of this Regulation and shall
1 March 2014.
take all measures necessary to ensure correct implementation of
these provisions. The penalties provided for must be effective,
proportionate and dissuasive. If they have not already done so
References to Regulation (EC) No 689/2008 shall be construed
before the entry into force of this Regulation, Member States
as references to this Regulation and shall be read in accordance
shall notify those provisions to the Commission by 1 March
with the correlation table in Annex VII.
2014 and shall notify it without delay of any subsequent
amendment affecting them.
Article 31
Article 29
Entry into force
Transitional period on the classification, labelling and
This Regulation shall enter into force on the twentieth day
packaging of chemicals
following that of its publication in the Official Journal of the
References in this Regulation to Regulation (EC) No 1272/2008
European Union.
shall be construed, where appropriate, as references to the
Union legislation which applies by virtue of Article 61 of that
Regulation and in accordance with the timetable set out therein.
It shall apply from 1 March 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 4 July 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
A. D. MAVROYIANNIS
L 201/76
ANNEX I
LIST OF CHEMICALS
(referred to in Article 7)
EN
PART 1
List of chemicals subject to export notification procedure
(referred to in Article 8)
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 8(2), (3) and (4) shall not apply provided that the conditions laid down in points
(b) and (c) of the first subparagraph of Article 8(6) have been fulfilled. Such chemicals, which are identified by the symbol
Off
‘#’ in the list below, are listed again in Part 3 of this Annex for ease of reference.
icial
It should also be noted that where the chemicals listed in this part of the Annex qualify for PIC notification because of the
Jour
nature of the Union’s final regulatory action, those chemicals are also listed in Part 2 of this Annex. Such chemicals are
nal
identified by the symbol ‘+’ in the list below.
of
the
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
European
1,1,1-Trichloroethane 71-55-6 200-756-3 2903
19
10 i(2)
b
1,2-Dibromoethane (Ethylene dibromide) (# ) 106-93-4 203-444-5 2903
31
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
Union
www.pic.int/
1,2-Dichloroethane (ethylene dichloride) (# ) 107-06-2 203-458-1 2903
15
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
i(2)
b
Cis- 1,3-dichloropropene ((1Z)-1,3-dichloroprop-1-ene) 10061-01-5 233-195-8 2903
29
00 p(1)-p(2) b-b
1,3-dichloropropene (1 ) (+ ) 542-75-6 208-826-5 2903
29
00 p(1)
b
2-aminobutane 13952-84-6 237-732-7 2921
19
80 p(1)-p(2) b-b
2-Naphthylamine (naphthalen-2-amine) and its salts (+ ) 91-59-8,
553-00-4,
612-52-2
202-080-4, 209-030-0, 2921 45 00 i(1)
b
and others
210-313-6 and others
i(2)
b
2-Naphthyloxyacetic acid 120-23-0 204-380-0 2918
99
90 p(1)
b
27.7.2012
2,4,5-T and its salts and esters (# ) 93-76-5
and
others 202-273-3
and
others 2918
91
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
27.7.2012 Off
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
4-Aminobiphenyl (biphenyl-4-amine) and its salts (+ ) 92-67-1,
2113-61-3
and
others 202-177-1
and
others 2921
49
80 i(1)
b
i(2)
b
4-Nitrobiphenyl (+ ) 92-93-3 202-204-7 2904
20
00 i(1)
b
i(2)
b
EN
Acephate (+ ) 30560-19-1 250-241-2 2930
90
85 p(1)-p(2) b-b
Acifluorfen 50594-66-6 256-634-5 2916
39
00 p(1)-p(2) b-b
Alachlor (+ ) 15972-60-8 240-110-8 2924
29
95 p(1)
b
Aldicarb (+ ) 116-06-3 204-123-2 2930
90
85 p(1)-p(2) sr-b
Ametryn 834-12-8 212-634-7 2933
69
80 p(1)-p(2) b-b
icial
Amitraz (+ ) 33089-61-1 251-375-4 2925
29
00 p(1)-p(2) b-b
Jour
Anthraquinone (+ ) 84-65-1 201-549-0 2914
61
00 p(1)-p(2) b-b
nal
of
Arsenic compounds
p(2) sr
the
Asbestos Fibres (+ ): 1332-21-4
and
others
Please refer to PIC circular at
European
www.pic.int/
Crocidolite (# ) 12001-28-4 2524
10
00
i
b
Union
Amosite (# ) 12172-73-5 2524
90
00
i
b
Antophyllite (# ) 77536-67-5 2524
90
00
i
b
Actinolite (# ) 77536-66-4 2524
90
00
i
b
Tremolite (# ) 77536-68-6 2524
90
00
i
b
Chrysotile (+ ) 12001-29-5
or
132207-32-0 2524
90
00
i
b
Atrazine (+ ) 1912-24-9 217-617-8 2933
69
10 p(1)
b
Azinphos-ethyl 2642-71-9 220-147-6 2933
99
90 p(1)-p(2) b-b
Azinphos-methyl (+ ) 86-50-0 201-676-1 2933
99
90 p(1)
b
L
Benfuracarb (+ ) 82560-54-1 2932
99
00 p(1)
b
201/77
Bensultap 17606-31-4 2930
90
85 p(1)-p(2) b-b
L 201/78
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Benzene (3 ) 71-43-2 200-753-7 2902
20
00 i(2) sr
Benzidine and its salts (+ )
92-87-5, 36341-27-2 and
202-199-1, 252-984-8 2921 59 90 i(1)-i(2) sr-b
Benzidine derivatives (+ )
others
and others
i(2)
b
EN
Bifenthrin 82657-04-3 2916
20
00 p(1)
b
Binapacryl (# ) 485-31-4 207-612-9 2916
19
50 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
i(2)
b
Butralin (+ ) 33629-47-9 251-607-4 2921
49
00 p(1)
b
Off
icial
Cadmium and its compounds 7440-43-9
and
others 231-152-8
and
others 8107
i(1) sr
3206 49 30
Jour
and others
nal
Cadusafos (+ ) 95465-99-9 n.a. 2930
90
85 p(1)
b
of
the
Calciferol 50-14-6 200-014-9 2936
29
90 p(1)
b
European
Captafol (# ) 2425-06-1 219-363-3 2930
50
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
Union
Carbaryl (+ ) 63-25-2 200-555-0 2924
29
95 p(1)-p(2) b–b
Carbofuran (+ ) 1563-66-2 216-353-0 2932
99
85 p(1)
b
Carbon tetrachloride 56-23-5 200-262-8 2903
14
00 i(2)
b
Carbosulfan (+ ) 55285-14-8 259-565-9 2932
99
85 p(1)
b
Cartap 15263-53-3 2930
20
00 p(1)-p(2) b-b
Chinomethionat 2439-01-2 219-455-3 2934
99
90 p(1)-p(2) b-b
Chlorate (+ ) 7775-09-9 231-887-4 2829
11
00 p(1)
b
10137-74-3 233-378-2 2829
19
00
27.7.2012
Chlordimeform (# ) 6164-98-3 228-200-5 2925
21
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
27.7.2012 Off
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Chlorfenapyr (+ ) 122453-73-0 2933
99
90 p(1)
b
Chlorfenvinphos 470-90-6 207-432-0 2919
90
90 p(1)-p(2) b-b
Chlormephos 24934-91-6 246-538-1 2930
90
85 p(1)-p(2) b-b
EN
Chlorobenzilate (# ) 510-15-6 208-110-2 2918
18
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
Chloroform 67-66-3 200-663-8 2903
13
00 i(2)
b
Chlorthal-dimethyl (+ ) 1861-32-1 217-464-7 2917
39
95 p(1)
b
Chlozolinate (+ ) 84332-86-5 282-714-4 2934
99
90 p(1)-p(2) b-b
Cholecalciferol 67-97-0 200-673-2 2936
29
90 p(1)
b
icial
Coumafuryl 117-52-2 204-195-5 2932
29
85 p(1)-p(2) b-b
Jour
Creosote and creosote related substances 8001-58-9 232-287-5 2707
91
00
nal
of
61789-28-4 263-047-8
the
European
84650-04-4 283-484-8 3807
00
90
90640-84-9 292-605-3
Union
65996-91-0 266-026-1 i(2)
b
90640-80-5 292-602-7
65996-85-2 266-019-3
8021-39-4 232-419-1
122384-78-5 310-191-5
Crimidine 535-89-7 208-622-6 2933
59
95 p(1)
b
Cyanamide (+ ) 420-04-2 206-992-3 2853
00
90 p(1)
b
Cyanazine 21725-46-2 244-544-9 2933
69
80 p(1)-p(2) b-b
Cyhalothrine 68085-85-8 268-450-2 2926
90
95 p(1)
b
L
201/79
DBB (Di-μ-oxo-di-n-butylstannio-hydroxyborane/dioxastanna 75113-37-0 401-040-5 2931
00
95 i(1)
b
boretan-4-ol)
L 201/80
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Diazinon (+ ) 333-41-5 206-373-8 2933
59
10 p(1)
b
Dichlobenil (+ ) 1194-65-6 214-787-5 2926
90
95 p(1)
b
EN
Dicloran (+ ) 99-30-9 202-746-4 2921
42
00 p(1)
b
Dichlorvos (+ ) 62-73-7 200-547-7 2919
90
90 p(1)
b
Dicofol (+ ) 115-32-2 204-082-0 2906
29
00 p(1)-p(2) b-b
Dicofol containing < 78 % p, p′-Dicofol or 1 g/kg of DDT
115-32-2 204-082-0 2906
29
00 p(1)-p(2) b-b
and DDT related compounds (+ )
Off
icial
Dimethenamid (+ ) 87674-68-8 n.a. 2934
99
90 p(1)
b
Jour
nal
Diniconazole-M (+ ) 83657-18-5 n.a. 2933
99
80 p(1)
b
of
the
Dinitro-ortho-cresol (DNOC) and its salts (such as
534-52-1 208-601-1 2908
99
90 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
European
ammonium salt, potassium salt and sodium salt) (# )
www.pic.int/
2980-64-5 221-037-0
5787-96-2
—
Union
2312-76-7 219-007-7
Dinobuton 973-21-7 213-546-1 2920
90
10 p(1)-p(2) b-b
Dinoseb and its salts and esters (# ) 88-85-7
and
others 201-861-7
and
others 2908
91
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
2915 36 00 i(2)
b
Dinoterb (+ ) 1420-07-1 215-813-8 2908
99
90 p(1)-p(2) b-b
Diphenylamine 122-39-4 204-539-4 2921
44
00 p(1)
b
Dustable powder formulations containing a combination of: 3808
99
90 Please
refer
to
PIC
circular
at
www.pic.int/
27.7.2012
Benomyl at or above 7 % 17804-35-2 241-775-7 2933
99
90 p(1)
b
27.7.2012 Off
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Carbofuran at or above 10 % 1563-66-2 216-353-0 2932
99
85 p(2)
b
and Thiram at or above 15 % (# ) 137-26-8 205-286-2 2930
30
00
Endosulfan (+ ) 115-29-7 204-079-4 2920
90
85 p(1)
b
EN
Ethalfluralin (+ ) 55283-68-6 259-564-3 2921
43
00 p(1)
b
Ethion 563-12-2 209-242-3 2930
90
85 p(1)-p(2) b-b
Ethoxyquin (+ ) 91-53-2 202-075-7 2933
49
90 p(1)
b
Ethylene oxide (Oxirane) (# ) 75-21-8 200-849-9 2910
10
00 p(1)
b Please
refer
to
PIC
circular
at
www.pic.int/
icial
Fenarimol (+ ) 60168-88-9 262-095-7 2933
59
95 p(1)
b
Jour
Fenitrothion (+ ) 122-14-5 204-524-2 2920
19
00 p(1)
b
nal
Fenpropathrin 39515-41-8 254-485-0 2926
90
95 p(1)-p(2) b-b
of
the
Fenthion (+ ) 55-38-9 200-231-9 2930
90
85 p(1) sr
European
Fentin acetate (+ ) 900-95-8 212-984-0 2931
00
95 p(1)-p(2) b-b
Union
Fentin hydroxide (+ ) 76-87-9 200-990-6 2931
00
95 p(1)-p(2) b-b
Fenvalerate 51630-58-1 257-326-3 2926
90
95 p(1)
b
Ferbam 14484-64-1 238-484-2 2930
20
00 p(1)-p(2) b-b
Fluoroacetamide (# ) 640-19-7 211-363-1 2924
12
00 p(1)
b Please
refer
to
PIC
circular
at
www.pic.int/
Flurenol 467-69-6 207-397-1 2918
19
85 p(1)-p(2) b-b
Flurprimidol (+ ) 56425-91-3 n.a. 2933
59
95 p(1)
b
Furathiocarb 65907-30-4 265-974-3 2932
99
85 p(1)-p(2) b-b
Guazatine (+ ) 108173-90-6
236-855-3 3808
99
90 p(1)-p(2) b-b
L
115044-19-4
201/81
Hexachloroethane 67-72-1 200-666-4 2903
19
80 i(1) sr
L 201/82
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Hexazinone 51235-04-2 257-074-4 2933
69
80 p(1)-p(2) b-b
Iminoctadine 13516-27-3 236-855-3 2925
29
00 p(1)-p(2) b-b
EN
Indolylacetic acid (+ ) 87-51-4 201-748-2 2933
99
80 p(1)
b
Isoxathion 18854-01-8 242-624-8 2934
99
90 p(1)
b
Malathion 121-75-5 204-497-7 2930
90
99 p(2)
b
(a) Maleic hydrazide, and its salts, other than choline, 123-33-1 204-619-9 2933
99
90 p(1)
b
potassium and sodium salts
(b) Choline, potassium and sodium salts of maleic hydrazide 61167-10-0, 51542-52-0,
257-261-0, 248-972-7 2933
99
90
Off
containing more than 1 mg/kg of free hydrazine
28330-26-9
icial
expressed on the basis of the acid equivalent
Jour
Mercury compounds, including inorganic mercury
62-38-4, 26545-49-3 and
200-532-5, 247-783-7 2852 00 00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
nal
compounds, alkyl mercury compounds and alkyloxyalkyl and others
and others
www.pic.int/
aryl mercury compounds except mercury compounds listed
of
in Annex V (# )
the
European
Metam 144-54-7 205-632-2 2930
20
00 p(1)
b
137-42-8 205-239-0
Union
Methamidophos (2 ) (+ ) 10265-92-6 233-606-0 2930
50
00 p(1)
b
Methamidophos (Soluble liquid formulations of the substance 10265-92-6 233-606-0 2930
50
00
p(2)
b Please
refer
to
PIC
circular
at
that exceed 600 g active ingredient/l) (# )
3808 50 00
www.pic.int/
Methidathion 950-37-8 213-449-4 2934
99
90 p(1)-p(2) b-b
Methomyl 16752-77-5 240-815-0 2930
90
99 p(2)
b
Methyl bromide (+ ) 74-83-9 200-813-2 2903
39
11 p(1)-p(2) b-b
Methyl-parathion (+ ) (# ) 298-00-0 206-050-1 2920
11
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
Metoxuron 19937-59-8 243-433-2 2924
21
90 p(1)-p(2) b-b
27.7.2012
Monocrotophos (# ) 6923-22-4 230-042-7 2924
12
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
27.7.2012 Off
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Monolinuron 1746-81-2 217-129-5 2928
00
90 p(1)
b
Monomethyl-dibromo-diphenyl methane
99688-47-8 402-210-1 2903
69
90 i(1)
b
Tradename: DBBT (+ )
EN
Monomethyl-Dichloro-Diphenyl methane;
— 400-140-6 2903
69
90 i(1)-i(2) b-b
Tradename: Ugilec 121 or Ugilec 21 (+ )
Monomethyl-Tetrachlorodiphenyl methane;
76253-60-6 278-404-3 2903
69
90 i(1)-i(2) b-b
Tradename: Ugilec 141 (+ )
Monuron 150-68-5 205-766-1 2924
21
90 p(1)
b
Nicotine (+ ) 54-11-5 200-193-3 2939
99
00 p(1)
b
icial
Nitrofen (+ ) 1836-75-5 217-406-0 2909
30
90 p(1)-p(2) b-b
Jour
Nonylphenols C
nal
6H 4(OH)C 9H 19 (+ ) 25154-52-3
(phenol,
nonyl-), 246-672-0 2907
13
00 i(1) sr
of
84852-15-3 (phenol, 4-nonyl-, 284-325-5
the
branched)
European
11066-49-2 (isononylphenol), 234-284-4
90481-04-2, (phenol, nonyl-,
291-844-0
Union
branched),
104-40-5(p-nonylphenol) and
203-199-4 and others
others
Nonylphenol ethoxylates (C 2H 4O) nC 15H 24O (+ ) 9016-45-9,
26027-38-3,
3402 13 00 i(1) sr
68412-54-4, 37205-87-1,
p(1)-p(2) b-b
127087-87-0 and others
Octabromodiphenyl ether (+ ) 32536-52-0 251-087-9 2909
30
38 i(1) sr
Omethoate 1113-02-6 214-197-8 2930
90
85 p(1)-p(2) b-b
Oxydemeton-methyl (+ ) 301-12-2 206-110-7 2930
90
85 p(1)
b
L
Paraquat (+ ) 4685-14-7 225-141-7 2933
39
99 p(1)
b
201/83
1910-42-5 217-615-7
2074-50-2 218-196-3
L 201/84
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Parathion (# ) 56-38-2 200-271-7 2920
11
00 p(1)-p(2) b-b Please
refer
to
PIC
circular
at
www.pic.int/
Pebulate 1114-71-2 214-215-4 2930
20
00 p(1)-p(2) b-b
EN
Pentachlorophenol and its salts and esters (# ) 87-86-5
and
others 201-778-6
and
others 2908
11
00 p(1)-p(2) b-sr Please
refer
to
PIC
circular
at
2908 19 00
www.pic.int/
and others
Perfluorooctane sulfonates 1763-23-1 n.a. 2904
90
20 i(1) sr
(PFOS) 2795-39-3 2904
90
20
C
Off
8F 17SO 2X and
others and
others
icial
(X = OH, Metal salt (O-M+), halide, amide, and other
Jour
derivatives including polymers) (+ )
nal
Permethrin 52645-53-1 258-067-9 2916
20
00 p(1)
b
of
the
Phosalone (+ ) 2310-17-0 218-996-2 2934
99
90 p(1)
b
European
Phosphamidon (soluble liquid formulations of the substance 13171-21-6 (mixture, (E) & (Z) 236-116-5 2924
12
00
p(1)-p(2) b-b Please
refer
to
PIC
circular
at
that exceed 1 000 g active ingredient/l) (# )
isomers)
3808 50 00
www.pic.int/
23783-98-4 ((Z)-isomer)
Union
297-99-4 ((E)-isomer)
Polybrominated biphenyls (PBB) except hexabromo-biphe
13654-09-6, 27858-07-7 and
237-137-2, 248-696-7 2903 69 90 i(1) sr Please
refer
to
PIC
circular
at
nyl (# )
others
and others
www.pic.int/
Polychlorinated terphenyls (PCT) (# ) 61788-33-8 262-968-2 2903
69
90 i(1)
b Please
refer
to
PIC
circular
at
www.pic.int/
Procymidone (+ ) 32809-16-8 251-233-1 2925
19
95 p(1)
b
Propachlor (+ ) 1918-16-7 217-638-2 2924
29
98 p(1)
b
Propanil 709-98-8 211-914-6 2924
29
98 p(1)
b
27.7.2012
Propham 122-42-9 204-542-0 2924
29
95 p(1)
b
Propisochlor (+ ) 86763-47-5 n.a. 2924
29
98 p(1)
b
27.7.2012 Off
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Pyrazophos (+ ) 13457-18-6 236-656-1 2933
59
95 p(1)-p(2) b-b
Quintozene (+ ) 82-68-8 201-435-0 2904
90
85 p(1)-p(2) b-b
Scilliroside 507-60-8 208-077-4 2938
90
90 p(1)
b
EN
Simazine (+ ) 122-34-9 204-535-2 2933
69
10 p(1)-p(2) b-b
Strychnine 57-24-9 200-319-7 2939
99
00 p(1)
b
Tecnazene (+ ) 117-18-0 204-178-2 2904
90
85 p(1)-p(2) b-b
Terbufos 13071-79-9 235-963-8 2930
90
85 p(1)-p(2) b-b
Tetraethyl lead (# ) 78-00-2 201-075-4 2931
00
95 i(1) sr Please
refer
to
PIC
circular
at
www.pic.int/
icial
Tetramethyl lead (# ) 75-74-1 200-897-0 2931
00
95 i(1) sr Please
refer
to
PIC
circular
at
Jour
www.pic.int/
nal
Thallium sulphate 7446-18-6 231-201-3 2833
29
90 p(1)
b
of
the
Thiobencarb (+ ) 28249-77-6 248-924-5 2930
20
00 p(1)
b
European
Thiocyclam 31895-22-4 250-859-2 2934
99
90 p(1)-p(2) b-b
Thiodicarb (+ ) 59669-26-0 261-848-7 2930
90
85 p(1)
b
Union
Tolylfluanid (+ ) 731-27-1 211-986-9 2930
90
85 p(1)
b
Triazophos 24017-47-8 245-986-5 2933
99
90 p(1)-p(2) b-b
All tributyltin compounds, including:
2931 00 95 p(2)
b Please
refer
to
PIC
circular
at
www.pic.int/
Tributyltin oxide 56-35-9 200-268-0 2931
00
95
Tributyltin fluoride 1983-10-4 217-847-9 2931
00
95
Tributyltin methacrylate 2155-70-6 218-452-4 2931
00
95
Tributyltin benzoate 4342-36-3 224-399-8 2931
00
95
Tributyltin chloride 1461-22-9 215-958-7 2931
00
95
L
Tributyltin linoleate 24124-25-2 246-024-7 2931
00
95
201/85
Tributyltin naphthenate (# ) 85409-17-2 287-083-9 2931
00
95
L 201/86
Chemical CAS
No Einecs
No CN
code Subcategory
(*)
Use
Countries for which no
limitation (**)
notification is required
Trichlorfon (+ ) 52-68-6 200-149-3 2931
00
95 p(1)-p(2) b-b
Tricyclazole (+ ) 41814-78-2 255-559-5 2934
99
90 p(1)
b
Tridemorph 24602-86-6 246-347-3 2934
99
90 p(1)-p(2) b-b
EN
Trifluralin (+ ) 1582-09-8 216-428-8 2921
43
00 p(1)
b
Triorganostannic compounds other than tributyltin
—
— 2931
00
95
p(2) sr
compounds (+ )
and others
i(2) sr
Tris (2,3-Dibromopropyl) phosphate (# ) 126-72-7 204-799-9 2919
10
00 i(1) sr Please
refer
to
PIC
circular
at
www.pic.int/
Tris-aziridinyl-phosphinoxide (1,1′,1′-phosphoryltriaziri
545-55-1 208-892-5 2933
99
90 i(1) sr
dine) (+ )
Off
icial
Vamidothion 2275-23-2 218-894-8 2930
90
85 p(1)-p(2) b-b
Jour
Vinclozolin (+ ) 50471-44-8 256-599-6 2934
99
90 p(1)
b
nal
Zineb 12122-67-7 235-180-1 2930
20
00
or
p(1)
b
of
3824 90 97
the
European
(*) Sub-category: p(1) — pesticide in the group of plant protection products, p(2) — other pesticide including biocides. i(1) — industrial chemical for professional use and i(2) — industrial chemical for public use.
(**) Use limitation: sr — severe restriction, b — ban (for the sub-category or sub-categories concerned) according to Union legislation.
(1 ) This entry does not affect the existing entry for cis-1,3-dichloropropene (CAS No 10061-01-5).
(2 ) This entry does not affect the existing entry for soluble liquid formulations of methamidophos that exceed 600 g active ingredient/l.
(3 ) 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).
Union
CAS No = Chemical Abstracts Service Registry Number.
(# ) Chemical subject or partially subject to the PIC procedure.
(+ ) Chemical qualifying for PIC notification.
27.7.2012
27.7.2012 Off
PART 2
List of chemicals qualifying for PIC notification
(referred to in Article 11)
This list comprises chemicals qualifying for PIC notification. It does not include chemicals that are already subject to the
EN
PIC procedure, which are listed in Part 3 of this Annex.
Chemical CAS
No Einecs
No CN
code Category
(*) Use
limitation
(**)
1,3-dichloropropene 542-75-6 208-826-5 2903
29
00
p
b
2-Naphthylamine (naphthalen-2-amine) and its salts 91-59-8,
553-00-4,
612-52-2
202-080-4, 209-030-0, 210- 2921 45 00
i
b
and others
313-6 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
i
b
icial
Jour
4-Nitrobiphenyl 92-92-3 202-204-7 2904
20
00
i
b
nal
of
Acephate 30560-19-1 250-241-2 2930
90
85
p
b
the
European
Alachlor 15972-60-8 240-110-8 2924
29
95
p
b
Aldicarb 116-06-3 204-123-2 2930
90
85
p sr
Union
Amitraz 33089-61-1 251-375-4 2925
29
00
p
b
Anthraquinone 84-65-1 201-549-0 2914
61
00
p
b
Asbestos fibres: Chrysotile 12001-29-5
or
132207-32-0 2524
90
00
i
b
Atrazine 1912-24-9 217-617-8 2933
69
10
p
b
Azinphos-methyl 86-50-0 201-676-1 2933
99
80
p
b
Benfuracarb 82560-54-1 n.a. 2932
99
00
p
b
Benzidine and its salts 92-87-5,
36341-27-2
and
202-199-1, 252-984-8 and 2921 59 90
i sr
others
others
L
201/87
Benzidine derivatives
—
—
L 201/88
Chemical CAS
No Einecs
No CN
code Category
(*) Use
limitation
(**)
Butralin 33629-47-9 251-607-4 2921
49
00
p
b
Cadusafos 95465-99-9 n.a. 2930
90
99
p
b
Carbaryl 63-25-2 200-555-0 2924
29
95
p
b
EN
Carbofuran 1563-66-2 216-353-0 2932
99
00
p
b
Carbosulfan 55285-14-8 259-565-9 2932
99
00
p
b
Chlorate 7775-09-9 231-887-4 2829
11
00
p
b
10137-74-3 233-378-2 2829
19
00
Chlorfenapyr 122453-73-0 2933
99
90
p sr
Off
icial
Chlorthal-dimethyl 1861-32-1 217-464-7 2917
39
95
p
b
Jour
Chlozolinate 84332-86-5 282-714-4 2934
99
90
p
b
nal
Cyanamide 420-04-2 206-992-3 2853
00
90
p sr
of
the
Diazinon 333-41-5 206-373-8 2933
59
10
p sr
European
Dichlobenil 1194-65-6 214-787-5 2926
90
95
p
b
Union
Dicloran 99-30-9 202-746-4 2921
42
00
p
b
Dichlorvos 62-73-7 200-547-7 2919
90
00
p sr
Dicofol 115-32-2 204-082-0 2906
29
00
p
b
Dicofol containing < 78 % p, p′-Dicofol or 1 g/kg of DDT and 115-32-3 204-082-0 2906
29
00
p
b
DDT related compounds
Dimethenamid 87674-68-8 n.a. 2934
99
90
p
b
Diniconazole-M 83657-18-5 n.a. 2933
99
80
p
b
Dinoterb 1420-07-1 215-813-8 2908
99
90
p
b
27.7.2012
Endosulfan 115-29-7 204-079-4 2920
90
85
p
b
Ethalfluralin 55283-68-6 259-564-3 2921
43
00
p
b
27.7.2012 Off
Chemical CAS
No Einecs
No CN
code Category
(*) Use
limitation
(**)
Ethoxyquin 91-53-2 202-075-7 2933
49
90
p
b
Fenarimol 60168-88-9 262-095-7 2933
59
95
p
b
EN
Fenitrothion 122-14-5 204-524-2 2920
19
00
p sr
Fenthion 55-38-9 200-231-9 2930
90
85
p sr
Fentin acetate 900-95-8 212-984-0 2931
00
95
p
b
Fentin hydroxide 76-87-9 200-990-6 2931
00
95
p
b
icial
Flurprimidol 56425-91-3 n.a. 2933
59
95
p
b
Jour
nal
Guazatine 108173-90-6
236-855-3 3808
99
90
p
b
115044-19-4
of
the
European
Indolylacetic acid 87-51-4 201-748-2 2933
99
80
p
b
Methamidophos (1 ) 10265-92-6 233-606-0 2930
50
00
p
b
Union
Methyl bromide 74-83-9 200-813-2 2903
39
11
p
b
Methyl parathion (# ) 298-00-0 206-050-1 2920
11
00
p
b
Monomethyl-dibromo-diphenyl methane
99688-47-8 401-210-1 2903
69
90
i
b
Tradename: DBBT
Monomethyl-Dichloro-Diphenyl methane;
— 400-140-6 2903
69
90
i
b
Tradename: Ugilec 121 or Ugilec 21
Monomethyl-Tetrachlorodiphenyl methane;
76253-60-6 278-404-3 2903
69
90
i
b
Tradename: Ugilec 141
L
201/89
Nicotine 54-11-5 200-193-3 2939
99
00
p
b
L 201/90
Chemical CAS
No Einecs
No CN
code Category
(*) Use
limitation
(**)
Nitrofen 1836-75-5 217-406-0 2909
30
90
p
b
Nonylphenols C 6H 4(OH)C 9H 19
25154-52-3 (phenol, nonyl-), 246-672-0 2907
13
00
i sr
84852-15-3 (phenol, 4-nonyl-, 284-325-5
EN
branched),
11066-49-2 (isononylphenol), 234-284-4
90481-04-2, (phenol, nonyl-,
291-844-0
branched),
104-40-5 (P-nonylphenol) and 203-199-4 and others
others
Off
icial
Nonylphenol ethoxylates (C 2H 4O) nC 15H 24O 9016-45-9,
26027-38-3,
3402 13 00
i sr
68412-54-4, 37205-87-1,
Jour
p
b
127087-87-0 and others
nal
of
Octabromodiphenyl ether 32536-52-0 251-087-9 2909
30
38
i sr
the
European
Oxydemeton-methyl 301-12-2 206-110-7 2930
90
85
p
b
Paraquat 4685-14-7 225-141-7 2933
39
99
p
b
Union
1910-42-5 217-615-7
2074-50-2 218-196-3
Perfluorooctane sulfonates 1763-23-1 n.a. 2904
90
20
i sr
(PFOS) C 8F 17SO 2X (X = OH, Metal salt (O-M+), halide, amide, 2795-39-3 and others 2904
90
20
and
others
and other derivatives including polymers)
Phosalone 2310-17-0 218-996-2 2934
99
90
p
b
Procymidone 32809-16-8 251-233-1 2925
19
95
p
b
Propachlor 1918-16-7 217-638-2 2924
29
98
p
b
27.7.2012
Propisochlor 86763-47-5 n.a. 2924
29
98
p
b
Pyrazophos 13457-18-6 236-656-1 2933
59
95
p
b
27.7.2012 Off
Chemical CAS
No Einecs
No CN
code Category
(*) Use
limitation
(**)
Quintozene 82-68-8 201-435-0 2904
90
85
p
b
Simazine 122-34-9 204-535-2 2933
69
10
p
b
Tecnazene 117-18-0 204-178-2 2904
90
85
p
b
EN
Thiobencarb 28249-77-6 248-924-5 2930
20
00
p
b
Thiodicarb 59669-26-0 261-848-7 2930
90
85
p
b
Tolylfluanid 731-27-1 211-986-9 2930
90
85
p sr
Trichlorfon 52-68-6 200-149-3 2931
00
95
p
b
Tricyclazole 41814-78-2 255-559-5 2934
99
90
p
b
Trifluralin 1582-09-8 216-428-8 2921
43
00
p
b
icial
Triorganostannic compounds other than tributyltin compounds —
— 2931
00
95
and
others
p sr
Jour
Vinclozolin 50471-44-8 256-599-6 2934
99
90
p
b
nal
(*) Category: p — pesticides; i — industrial chemical.
of
(**) Use limitation: sr — severe restriction, b — ban (for the category or categories concerned).CAS No = Chemical Abstracts Service Registry Number.
the
(1 ) This entry does not affect the entry in Annex I Part 3 for soluble liquid formulations of methamidophos that exceed 600 g active ingredient/l.
(# ) Chemical subject or partially subject to the PIC procedure.
European
Union
L
201/91
L 201/92
PART 3
List of chemicals subject to the PIC procedure
(referred to in Articles 13 and 14)
EN
(The categories shown are those referred to in the Convention)
Chemical Relevant
CAS
number(s)
HS code
HS code
Pure substance
Mixtures containing substance
Category
2,4,5-T and its salts and esters 93-76-5
(# ) 2918.91 3808.50 Pesticide
Aldrin (*) 309-00-2 2903.52 3808.50 Pesticide
Binapacryl 485-31-4 2916.19 3808.50 Pesticide
Off
icial
Captafol 2425-06-1 2930.50 3808.50 Pesticide
Jour
Chlordane (*) 57-74-9 2903.52 3808.50 Pesticide
nal
Chlordimeform 6164-98-3 2925.21 3808.50 Pesticide
of
the
Chlorobenzilate 510-15-6 2918.18 3808.50 Pesticide
European
DDT (*) 50-29-3 2903.62 3808.50 Pesticide
Dieldrin (*) 60-57-1 2910.40 3808.50 Pesticide
Union
Dinitro-ortho-cresol (DNOC) and its salts (such as ammonium salt, potassium
534-52-1, 2980-64-5,
2908.99 3808.91 Pesticide
salt and sodium salt)
5787-96-2, 2312-76-7
3808.92
3808.93
Dinoseb and its salts and esters 88-85-7
(# ) 2908.91 3808.50 Pesticide
1,2-dibromoethane (EDB) 106-93-4 2903.31 3808.50 Pesticide
Ethylene dichloride (1,2-dichloroethane) 107-06-2 2903.15 3808.50 Pesticide
Ethylene oxide 75-21-8 2910.10 3808.50 Pesticide
3824.81
Fluoroacetamide 640-19-7 2924.12 3808.50 Pesticide
27.7.2012
HCH (mixed isomers) (*) 608-73-1 2903.51 3808.50 Pesticide
Heptachlor (*) 76-44-8 2903.52 3808.50 Pesticide
27.7.2012 Off
Chemical Relevant
CAS
number(s)
HS code
HS code
Pure substance
Mixtures containing substance
Category
Hexachlorobenzene (*) 118-74-1 2903.62 3808.50 Pesticide
Lindane (*) 58-89-9 2903.51 3808.50 Pesticide
Mercury compounds, including inorganic mercury compounds, alkyl mercury
10112-91-1, 21908-53-2
2852.00 3808.50 Pesticide
EN
compounds and alkyloxyalkyl and aryl mercury compounds
and others
See also: www.pic.int/
Monocrotophos 6923-22-4 2924.12 3808.50 Pesticide
Parathion 56-38-2 2920.11 3808.50 Pesticide
Pentachlorophenol and its salts and esters 87-86-5
(# ) 2908.11 3808.50
Pesticide
2908.19
3808.91
3808.92
3808.93
icial
3808.94
3808.99
Jour
Toxaphene (*) 8001-35-2
— 3808.50 Pesticide
nal
of
Dustable powder formulations containing a combination of: Benomyl at or
17804-35-2
— 3808.92 Severely
hazardous
pesticide
the
above 7 %, Carbofuran at or above 10 % and Thiram at or above 15 %
1563-66-2
formulation
European
137-26-8
Methamidophos (soluble liquid formulations of the substance that exceed 600 g 10265-92-6 2930.50 3808.50 Severely
hazardous
pesticide
active ingredient/l)
formulation
Union
Methyl-parathion (emulsifiable concentrates (EC) at or above 19,5 % active
298-00-0 2920.11 3808.50 Severely
hazardous
pesticide
ingredient and dusts at or above 1,5 % active ingredient)
formulation
Phosphamidon (soluble liquid formulations of the substance that exceed 1 000 g
2924.12 3808.50 Severely
hazardous
pesticide
active ingredient/l)
formulation
Mixture (E) & (Z) isomers 13171-21-6
(Z)-isomer 23783-98-4
(E)-isomer 297-99-4
Asbestos fibres:
2524.10
6811.40
Industrial
2524.90
6812.80
6812.91
6812.92
L
6812.93
201/93
6812.99
6813.20
L 201/94
Chemical Relevant
CAS
number(s)
HS code
HS code
Pure substance
Mixtures containing substance
Category
Crocidolite 12001-28-4 2524.10
Actinolite 77536-66-4 2524.90
Anthophyllite 77536-67-5 2524.90
EN
Amosite 12172-73-5 2524.90
Tremolite 77536-68-6 2524.90
Polybrominated biphenyls (PBB)
— (hexa-) (*) 36355-01-8
— 3824.82 Industrial
— (octa-) 27858-07-7
— (deca-) 13654-09-6
Off
Polychlorinated biphenyls (PCB) (*) 1336-36-3
— 3824.82 Industrial
icial
Polychlorinated terphenyls (PCT) 61788-33-8
— 3824.82 Industrial
Jour
Tetraethyl lead 78-00-2 2931.00 3811.11 Industrial
nal
Tetramethyl lead 75-74-1 2931.00 3811.11 Industrial
of
the
All tributyltin compounds, including: 2931.00 3808.99 Pesticide
European
Tributyltin oxide 56-35-9 2931.00 3808.99
Tributyltin fluoride 1983-10-4 2931.00 3808.99
Union
Tributyltin methacrylate 2155-70-6 2931.00 3808.99
Tributyltin benzoate 4342-36-3 2931.00 3808.99
Tributyltin chloride 1461-22-9 2931.00 3808.99
Tributyltin linoleate 24124-25-2 2931.00 3808.99
Tributyltin naphthenate 85409-17-2 2931.00 3808.99
Tris (2,3-dibromopropyl) phosphate 126-72-7 2919.10 3824.83 Industrial
(*) These substances are subject to an export ban in accordance with Article 15(2) of and Annex V to this Regulation.
(# ) Only the CAS numbers of parent compounds are listed.
27.7.2012
EN
27.7.2012 Official
Journal
of
the
European
Union L
201/95
ANNEX II
EXPORT NOTIFICATION
The following information is required pursuant to Article 8:
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 mixture to be exported:
(a) trade name and/or designation of the mixture;
(b) for each substance listed in Annex I, percentage and details as specified under point 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 point 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
Convention under which the use falls;
(f) name, address and other relevant particulars of the natural or legal importing person;
(g) name, address and other relevant particulars of the exporter.
5. Designated national authorities:
(a) the name, address, telephone and telex, fax number or e-mail of the designated authority in the Union from
which further information may be obtained;
(b) the name, address, telephone and telex, fax number or e-mail of the designated authority in the importing
country.
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 201/96
EN
Official Journal of the European Union
27.7.2012
8. Use of the chemical in the Union:
(a) uses, category(ies) under the Convention and Union 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 specified in points 2(a), (c) and (d) of Annex IV.
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.
EN
27.7.2012 Official
Journal
of
the
European
Union L
201/97
ANNEX III
Information to be supplied to the Commission by the designated national authorities of the Member States in
accordance with Article 10
1. Summary of quantities of chemicals (in the form of substances, mixtures 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, mixtures and articles) as outlined
below.
Chemical Importing
country Quantity
of
substance
2. List of natural or legal persons importing chemicals into a Party or other country
Chemical Importing
country Importing
person
Address and other relevant particulars of the importing
person
L 201/98
EN
Official Journal of the European Union
27.7.2012
ANNEX IV
Notification to the Secretariat of the Convention of a banned or severely restricted chemical
INFORMATION REQUIREMENTS FOR NOTIFICATIONS PURSUANT TO ARTICLE 11
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 mixtures;
(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 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;
EN
27.7.2012 Official
Journal
of
the
European
Union L
201/99
(c) an indication, to the extent possible, of the likely relevance of the final regulatory action to other States and
regions;
(d) other relevant information that may cover:
(i) assessment of 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 201/100
EN
Official Journal of the European Union
27.7.2012
ANNEX V
Chemicals and articles subject to export ban
(referred to in Article 15)
PART 1
Persistent organic pollutants as listed in Annexes A and B to the Stockholm Convention on Persistent Organic
Pollutants ( 1 ) 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 EC
No
206-215-8,
CAS No 309-00-2,
CN code 2903 52 00
Chlordane EC
No
200-349-0,
CAS No 57-74-9,
CN code 2903 52 00
Chlordecone EC
No
205-601-3
CAS No 143-50-0
CN code 2914 70 00
Dieldrin EC
No
200-484-5,
CAS No 60-57-1,
CN code 2910 40 00
DDT (1,1,1-trichloro-2,2-bis
EC No 200-024-3,
(p-chlorophenyl) ethane
CAS No 50-29-3,
CN code 2903 62 00
Endrin EC
No
200-775-7,
CAS No 72-20-8,
CN code 2910 90 00
Heptabromodiphenyl ether
EC No 273-031-2
C 12 H 3 Br 7 O
CAS No 68928-80-3 and others
CN code 2909 30 38
Heptachlor EC
No
200-962-3,
CAS No 76-44-8,
CN code 2903 52 00
Hexabromobiphenyl EC
No
252-994-2
CAS No 36355-01-8
CN code 2903 69 90
Hexabromodiphenyl ether C 12 H 4 Br 6 O EC
No
253-058-6
CAS No 36483-60-0 and others
CN code 2909 30 38
Hexachlorobenzene EC
No
200-273-9,
CAS No 118-74-1,
CN code 2903 62 00
Hexachlorocyclohexanes, including
EC No 200-401-2, 206-270-8, 206-
lindane
271-3, 210-168-9
CAS No 58-89-9, 319-84-6, 319-85-
7, 608-73-1
CN code 2903 51 00
Mirex EC
No
219-196-6,
CAS No 2385-85-5,
CN code 2903 59 80
( 1 ) OJ L 209, 31.7.2006, p. 3.
EN
27.7.2012 Official
Journal
of
the
European
Union L
201/101
Description of chemicals/article(s) subject to
export ban
Additional details, where relevant (e.g. name of chemical, EC No, CAS No, etc.)
Pentabromodiphenyl ether C 12 H 5 Br 5 O EC No
251-084-2
and
others
CAS No 32534-81-9 and others
CN code 2909 30 31
Pentachlorobenzene EC
No
210-172-5
CAS No 608-93-5
CN code 2903 69 90
Polychlorinated biphenyls (PCBs) EC
No
215-648-1
and
others,
CAS No 1336-36-3 and others,
CN code 2903 69 90
Tetrabromodiphenyl ether C 12 H 6 Br 4 O EC No
254-787-2
and
others
CAS No 40088-47-9 and others
CN code 2909 30 38
Toxaphene (camphechlor) EC
No
232-283-3,
CAS No 8001-35-2,
CN code 3808 50 00
PART 2
Chemicals other than persistent organic pollutants as listed in Annexes A and B to 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
Mercury compounds except compounds exported for research Cinnabar ore, mercury (I) chloride (Hg 2 Cl 2 ,
and development, medical or analysis purposes
CAS No 10112-91-1), mercury (II) oxide (HgO,
CAS No 21908-53-2); CN code 2852 00 00
Metallic mercury and mixtures of metallic mercury with other CAS No 7439-97-6
substances, including alloys of mercury, with a mercury
CN code 2805 40
concentration of at least 95 % weight by weight
L 201/102
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Official Journal of the European Union
27.7.2012
ANNEX VI
List of Parties to the Convention requiring information concerning transit movements of chemicals subject to
the PIC procedure
(referred to in Article 16)
Country Required
information
EN
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ANNEX VII
Correlation table
Regulation (EC) No 689/2008 This
Regulation
— Article
1
Article 1(1) 1(1)
Article 1(2) 1(2)
— Article
2
Article 2(1) 2(1)
Article 2(2) 2(2)
— 2(3)
Article 3 Article
3
Article 4 Article
4
— Article
5
Article 5(1) 5(1)
Article 5(2) 5(2)
Article 5(3) 5(3)
— Article
6
— 6(1)
— 6(2)
— Article
7
Article 6(1) 7(1)
Article 6(2) 7(2)
Article 6(3) 7(3)
— Article
8
Article 7(1) 8(1)
Article 7(2) 8(2)
Article 7(3) 8(3)
Article 7(4) 8(4)
Article 7(5) 8(5)
Article 7(6) 8(6)
Article 7(7) 8(7)
Article 7(8) 8(8)
— Article
9
Article 8(1) 9(1)
Article 8(2) 9(2)
— Article
10
Article 9(1) 10(1)
Article 9(2) 10(2)
Article 9(3) 10(3)
L 201/104
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Official Journal of the European Union
27.7.2012
Regulation (EC) No 689/2008 This
Regulation
— Article
11
Article 10(1) 11(1)
Article 10(2) 11(2)
Article 10(3) 11(3)
Article 10(4) 11(4)
Article 10(5) 11(5)
Article 10(6) 11(6)
Article 10(7) 11(7)
Article 10(8) 11(8)
Article 11 Article
12
— Article
13
Article 12(1) 13(1)
Article 12(2) 13(2)
Article 12(3) 13(3)
Article 12(4) 13(4)
Article 12(5) 13(5)
Article 12(6) 13(6)
— Article
14
Article 13(1) 14(1)
Article 13(2) 14(2)
Article 13(3) 14(3)
Article 13(4) 14(4)
Article 13(5) 14(5)
Article 13(6) 14(6)
Article 13(7) 14(7)
Article 13(8) 14(8)
Article 13(9) 14(9)
Article 13(10) 14(10)
Article 13(11) 14(11)
— Article
15
Article 14(1) 15(1)
Article 14(2) 15(2)
— Article
16
Article 15(1) 16(1)
Article 15(2) 16(2)
Article 15(3) 16(3)
Article 15(4) 16(4)
— Article
17
Article 16(1) 17(1)
Article 16(2) 17(2)
EN
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European
Union L
201/105
Regulation (EC) No 689/2008 This
Regulation
Article 16(3) 17(3)
Article 16(4) 17(4)
— Article
18
Article 17(1) 18(1)
— 18(2)
Article 17(1) 18(3)
— Article
19
Article 17(2) 19(1)
— 19(2)
— 19(3)
— Article
20
Article 19(1) 20(1)
Article 19(2) 20(2)
Article 19(3) 20(3)
Article 19(3) 20(4)
Article 20 Article
21
— Article
22
Article 21(1) 22(1)
Article 21(2) 22(2)
Article 21(3) 22(3)
— Article
23
Article 22(1) 23(1)
Article 22(2) 23(2)
Article 22(3) 23(3)
Article 22(4) 23(4)
— Article
24
— 24(1)
— 24(2)
— 24(3)
— Article
25
— Article
26
— 26(1)
— 26(2)
— 26(3)
— 26(4)
— 26(5)
— Article
27
Article 24(1) 27(1)
Article 24(2) 27(2)
Article 18 Article
28
L 201/106
EN
Official Journal of the European Union
27.7.2012
Regulation (EC) No 689/2008 This
Regulation
— Article
29
Article 25 Article
30
Article 26 Article
31
Annex I Annex
I
Annex II Annex
II
Annex III Annex
III
Annex IV Annex
IV
Annex V Annex
V
Annex VI Annex
VI
Document Outline
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