Changes to the Law

Commission Delegated Regulation of 23.7.2019 amending Annexes I and V to Regulation (EU) No 649/2012 confirmed the earlier inclusion of certain pesticides in Regulation (EU) No 649/2012

Chemicals Act 2008 (Rotterdam Regulation) Regulations 2019 (S.I. No. 213/2019) confirmed the reference to the recast Rotterdam Regulations (Regulation (EU) No 649/2012) by amending the definition of “chemical” in the Act

Commission delegated Regulation (EU) 2019/330, dated 11 December 2018, applies from 1 May 2019. Companies can notify in advance using ePIC. As regards industrial chemicals, it

  • added tributyltin compounds in the use category ‘industrial’ in Parts 1 and 3 of Annex I
  • added short-chain chlorinated paraffins to Part 3 of Annex I and Part 1 of Annex V
  • modified the entry in Part 2 of Annex V for mixtures of metallic mercury with other substances with a mercury concentration of less than 95 %, and of certain mercury compounds

Commission delegated Regulation (EU) 2018/172 amending annexes I and V to the PIC Regulation was published on 6 February 2018 and applies from 1 April 2018. Companies can notify in advance using ePIC.

Five industrial chemicals have been added to Parts 1 and 2 of Annex I –

  1. 5-tert-butyl-2,4,6-trinitro-m-xylene (+)
  2. Benzyl butyl phthalate (+)
  3. Diisobutyl phthalate (+)
  4. Diarsenic pentaoxide (+)
  5. Tris (2-chloroethyl) phosphate (+) 

New entries were also made to Part 1 of Annex V.

From April 2016 to May 2017, 90 additional chemicals were added to the group entries in Annex I to PIC. A list of these chemicals is in the column on the right on ECHA’s website. Updating the group entries with individual chemicals and their identifiers is important. Companies cannot submit notifications for a group entry, but need to provide a CAS or EC number for their actual substance. An up-to-date list of all substances in Annex I and each group entry can be found on ECHA’s website or through the ePIC tool

Commission Implementing Decision (EU) 2016/1115 of 7 July 2016 establishing a format for the submission by the European Chemicals Agency of information concerning the operation of the procedures pursuant to Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals is published in July 2015

Commission Delegated Regulation (EU) 2015/2229, now a legal requirement, amends Annex I of EU 649/ 2012 deleting endosulfan and adding several industrial chemicals and a pesticide (Fenbutatin oxide). It applied from 1st February 2016. The following chemicals are added

  • PART 1 - "1,1-Dichloroethene, 1,1,2-Trichloroethane, 1,1,1,2-Tetrachloroethane, 1,1,2,2-Tetrachloroethane, Dibutyltin compounds, Dioctyltin compounds, Fenbutatin oxide (pesticide), Lead compounds, Pentachloroethane, Trichlorobenzene
  • PART 2 - "Fenbutatin oxide (pesticide)
  • PART 3 – "Commercial pentabromodiphenyl ether, including - tetrabromodiphenyl ether - pentabromodiphenyl ether and Commercial octabromodiphenyl ether, including - hexabromodiphenyl ether - heptabromodiphenyl ether

If you export any of these industrial chemicals as pure substances, in mixtures or in articles, please see our Export/ Import webpage &  Information Sheet for your obligations under the Rotterdam Regulation

For the pesticide Fenbutatin oxide, see the Pesticides Registration and Control Division

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, Perfluorooctane sulfonic acid, Perfluorooctane sulfonates, Perfluorooctane sulfonamides and Perfluorooctane sulfonyls, to Part 3 of Annex I of the Regulation (EU) No 649/2012, as amended 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.  

Regulation (EU) No 649/2012, as amended 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)

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