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)

Amendment to Annex I of Regulation (EU) No 649/2012 is published - October 2014

Commission Delegated Regulation (EU) No 1078/2014 amends Annex I of Regulation (EU) No 649/2012 concerning the export and import of hazardous chemicals and applies from 1 December 2014. If you export (either as substances or in mixtures/preparations) any of the chemicals listed, then you can refer to the Amendment to confirm their identities.

The Amendment adds the Industrial chemicals, Azinphos-methyl, Perfluorooctane sulfonic acid, Perfluorooctane sulfonates, Perfluorooctane sulfonamides and Perfluorooctane sulfonyls, to Part 3 of Annex I of the EU PIC Regulation and removes them from Part 2. This means that chemicals are still subject to the export notification requirement and the explicit consent requirement except where a positive import response is published in the PIC circular of the Rotterdam Convention or the importing country has waived the right to be notified.

Other amendments covering pesticides etc. can be viewed in the regulation. The European Chemical Agency (ECHA) has updated their ePIC database (concerning the export and import of hazardous chemicals) to incorporate these amendments.  

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.

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