Changes to the Law

An incomplete amendment to Annex I of Regulation (EU) No 649/2012 in the EU Official Journal should be integrated by corrigendum in the coming weeks. (22 October 2014)

Amendments to the Rotterdam Regulation (649/2012) - August 2014

Regulation (EC) No. 649/2012 implements the Rotterdam Convention on the Prior Informed Consent Procedure (PIC procedure) for certain hazardous chemicals and pesticides in international trade. Pursuant to Article 23(1) of Regulation (EC) No. 649/2012 concerning the export and import of hazardous chemicals, at least once a year the Commission is required to review, on the basis of developments in Union law and under the Convention, the list of chemicals in Annex I to that Regulation.

Since the last review of Annex I, a number of regulatory actions in respect of certain chemicals have been taken under Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market and Regulation (EU) No 528/2012 concerning the making available on the market and use of biocidal products.

At the sixth Conference of the Parties to the Rotterdam Convention, decisions were taken to include further chemicals in Annex III to the Convention. Those regulatory actions and decisions should be reflected in Annex I.

The relevant industrial chemicals for which the HSA is the Designated National Authority included in the Delegated Act subject to the PIC procedure under that Convention and are now added to the list of chemicals contained in Part 3 of that Annex.

  • perfluorooctane sulfonic acid
  • perfluorooctane sulfonates
  • perfluorooctane sulfonamides
  • perfluorooctane sulfonyls


The Rotterdam Convention now also includes commercial pentabromodiphenyl ether, including tetra- and pentabromodiphenyl ether, as well as commercial octabromodiphenyl ether, including hexa- and heptabromodiphenyl ether, in Annex III to the Convention, with the effect that those chemicals are subject to the PIC procedure under that Convention.

Tetrabromodiphenyl ether, pentabromodiphenyl ether, hexabromodiphenyl ether and heptabromodiphenyl ether are already listed in Annex V to Regulation (EC) No. 649/2012

Regulation (EC) No. 649/2012 replaced Regulation (EC) No. 689/2008 and incorporated some changes to the previous regulation in light of experience with implementation to date.

Exports should be accompanied by a safety data sheet in accordance with Regulation (EC) 453/2010 (REACH)

2nd May 2014The list of chemicals subject to an export notification remains unchanged. Regulation (EU) No 167/2014 issued on 21st February 2014 has no effect as Regulation 689/2008 had already been repealed.

Return to Export/Import