Chemicals Subject to Export/Import Notification
Annex I Chemicals
The PIC Regulation applies to individual chemicals or groups of chemicals which are included in Annex I to the Regulation and to mixtures containing such chemicals in a concentration that triggers labelling obligations under the CLP Regulation. The chemicals listed in Annex I are assigned to one or more of three groups set out as Part 1, Part 2 and Part 3 of that Annex. A different set of provisions apply to the chemical depending on its location in Annex I. Annex I also indicates the different use categories or subcategories for each entry (industrial or pesticide). The use of chemicals and articles listed in Annex V is prohibited in the European Community, and the export of such chemicals and articles is prohibited, unless for research and development (see Export for Research & Development Purposes – link)
Part 1: List of chemicals subject to export notification
This Part lists the chemicals or chemical groups that are subject to export notification. This comprises all of the chemicals that are banned or severely restricted within the EU in at least one of the use subcategories (i.e. pesticide used as a PPP, other pesticide such as a biocidal product, industrial chemical for use by professionals, or industrial chemical for use by the public). It also includes the chemicals that qualify for notification.
Part 2: List of chemicals subject to explicit consent
This Part lists chemicals that qualify for PIC notification because they are banned or severely restricted within the EU in a Convention use category (pesticide or industrial chemical). In addition to the export notification requirement, explicit consent of the importing country is also required for these chemicals.
Part 3: List of chemicals subject to explicit consent (unless import response received)
This Part lists the chemicals or chemical groups that are also listed in Annex III to the Rotterdam Convention. These chemicals are subject to export notification, and additionally to explicit consent, except where an import response is published in the PIC Circular and certain criteria are met.
Annex V Chemicals
Annex V lists the chemicals and articles the use of which is prohibited in the EU and which shall not be exported. Chemicals and articles listed in Part 1 are persistent organic pollutants (POPs) and those listed in Part 2 lists are chemicals and articles that are not part of the POPs category. These are the chemicals that are prohibited within the EU in order to protect human health or the environment and are subject to an export ban according to Article 15 (2) of the PIC Regulation.
Note however, that according to Article 2 (3) the export of chemicals listed in Annex V is possible if they are exported for the purpose of research or analysis in quantities of below 10 kilograms per exporter, per year and per importing country. See Export for Research & Development Purposes for more details.
Please see ECHA’s List of Chemicals subject to PIC at https://echa.europa.eu/information-on-chemicals/pic/chemicals for further details.
Exemptions from PIC Regulation
The following categories of chemicals are exempted under the Export Import Regulation, and are covered by other Union legislation:
- Narcotic drugs and psychotropic substances covered by Regulation (EC) No 111/2005 laying down rules for the monitoring of trade between the Community and third countries in drug precursors.
- Radioactive materials and substances covered by Council Directive 96/29/Euratom laying down basic safety standards for the protection of the health of workers and the general public against the danger arising from ionizing radiation.
- Wastes covered by Waste Framework Directive 2008/98/EC29.
- Chemical weapons covered by Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.
- Food and food additives covered by Regulation (EC) No 882/2004 on official controls performed to ensure verification of compliance with feed and food law, animal health and animal welfare rules.
- Feedingstuffs covered by Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, including additives, whether processed, partially processed or unprocessed, intended to be used for oral feeding to animals.
- Genetically modified organisms covered by Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms.
Proprietary medicinal products for human use and veterinary medicinal products covered by Directive 2001/83/EC on the Community code relating to medicinal products for human use and Directive 2001/82/EC on the Community code relating to veterinary medicinal products respectively.
- Chemicals exported for research or analysis in quantities that are unlikely to affect human health or the environment and that in any event do not exceed 10 kilograms from each exporter to each importing country per calendar year. Exporters of such chemicals must submit export notification for customs purposes, see Export for Research & Development Purposes for more details.
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