Chemicals Export / Import Regulation
Exporters of certain hazardous chemicals to non-EU countries have particular obligations under the Export-Import or Prior Informed Consent (PIC) Regulation (EU) No 649/2012 (further amended by Regulation (EU) 2018/172). The objective of this law is to allow countries to monitor and to control the export and import of certain hazardous chemicals. It also allows countries to refuse acceptance of these chemicals and/or to place certain conditions on their import. Please see our Export/Import homepage for further information.
The UKs withdrawal from the EU
The UK formally withdrew from the EU on 1 January 2021. The EU Commission has clarified the legal situation relating to the export and import of hazardous chemicals listed in the PIC Regulation from this date, in a Readiness Notice. Since 1 January 2021, EU law on the export and import of hazardous chemicals no longer applies to the United Kingdom in respect of Great Britain, i.e. England, Scotland and Wales. Please see below for rules relating to Northern Ireland.
Any chemical listed in the PIC Regulation and already on the market in the EU or the UK before the end of the transition period, may continue to be made available on the EU and UK markets until it reaches its end-user.
Export or Import since 1 January 2021
Exports to Great Britain from the EU since 1 Jan 2021
Notification obligations
Since 1 January 2021, any export of chemicals listed in Annex I of the PIC Regulation from Ireland to Great Britain (UK (GB)), requires prior notification to the Irish designated national authority. Notification is submitted via the PIC IT application, ePIC, at least 35 days prior to the expected date of export. In addition, all chemicals listed in the PIC Regulation and exported to Great Britain must be classified, labelled & packaged according to the CLP Regulation. For more information, please see our CLP webpages and our ‘obligations of EU exporters’ webpage for further information.
The export of chemicals listed in Annex I Parts 2 & 3 of the PIC Regulation additionally require explicit consent from Great Britain prior to export. The designated national authority then requests explicit consent from the designated national authority in Great Britain, which is recorded in ePIC and determines whether export of these chemicals may take place.
Reporting obligations
Exporters of chemicals listed in Annex I of the PIC Regulation must submit an annual report in ePIC confirming export information by 31 March of the following year. For example, by 31 March 2022 exports of PIC chemicals to Great Britain during 2021 must be reported, and by 31 March 2023 exports of PIC chemicals to Great Britain during 2022 and so on. Please see our webpage for further details.
Imports from Great Britain to the EU from 1 Jan 2021
Notification obligations
Since 1 January 2021, the import of chemicals listed in Annex III to the Rotterdam Convention (or Annex I Part 3 of the PIC Regulation) from Great Britain to the EU (Ireland) must be notified by the authority in the exporting country. The EU Commission will provide an import decision to permit or prevent the import of such chemicals. Further specific details can be read in Part A of the Readiness Notice.
Reporting obligations
EU (Irish) importers of chemicals listed in Annex I of the PIC Regulation from Great Britain must submit an annual report in ePIC confirming import information by 31 March of the following year. For example, by 31 March 2022 imports of PIC chemicals from Great Britain during 2021 must be reported, and by 31 March 2023 imports of PIC chemicals from Great Britain during 2022 and so on. Please see our webpage for further details.
Ireland/Northern Ireland Protocol and the implications under the Export/Import Regulation
The Northern Ireland Protocol provides that the PIC Regulation continues to apply to Northern Ireland for four years following the end of the transition period. During this four year period, shipments of chemicals between Northern Ireland (UK (NI)) and the EU are not be considered as exports/imports under the PIC Regulation. Shipments of chemicals between Northern Ireland and non-EU countries must continue to comply with the Regulation.
The shipment of chemicals listed in Annex I of the PIC Regulation from Northern Ireland to Great Britain will comply with the parts of that Regulation implementing the Rotterdam Convention. Therefore, since 1 January 2021, Northern Irish exporters of chemicals listed in Annex I of the PIC Regulation to Great Britain must notify in ePIC at least 35 days prior to the expected date of export. However, Northern Irish exports of Annex I Part 2 chemicals to Great Britain do not include the additional requirement for explicit consent.
The import of chemicals listed in Annex III to the Rotterdam Convention (or Annex I part 3 of the PIC Regulation) from Great Britain to Northern Ireland continues to require an import decision of the EU. Further specific details can be read in Part C of the Readiness Notice.
Further information:
