As of September 1, 2020, the European Union (EU) has added 22 hazardous chemicals to its regulation on imports and exports. Exporters within the EU who intend to export any of these substances, either as is or in mixtures, must notify their designated national authority at least 35 days in advance. Furthermore, the export of some of these substances will require the consent of the importing country’s authorities before they can be shipped.
Key Points of the Regulation:
- Active Substances: The majority of the 22 chemicals have been added to the Prior Informed Consent (PIC) regulation because they are banned as active substances in plant protection products within the EU. Some of these substances are also heavily restricted under the biocides regulation and are approved only for a limited number of biocidal uses. One substance, imidacloprid, is also used in veterinary medicines.
- Borate Pesticide: Borate pesticides have been added following their inclusion under the Rotterdam Convention in 2019. Export of borate now requires export notification, as does the industrial chemical hexabromocyclododecane (HBCDD), which was included in Annex I, part 3, of the PIC regulation after its addition to the Rotterdam Convention in 2019. However, since HBCDD is already listed in Annex V of the PIC regulation, its export from the EU is prohibited.
- Annual Reporting: All EU exporters and importers of these substances must now report their annual imports and exports to and from the EU.
- Mercury-Containing Articles: A range of mercury-containing articles has been added to Annex V of the PIC regulation and are now banned from being exported from the EU. Additionally, two mercury compounds have been added, and their export is now permitted only for research and laboratory analysis purposes.
On September 24, 2020, the European Chemicals Agency (ECHA) will host an online information session to explain the scope and main requirements of the PIC regulation, as well as the actions exporters need to take to comply with the regulation, from notification to communication.
For more detailed information and guidance on compliance with these new regulations, please contact our team by filling out the form at the bottom of this page.
