EU: Update of the regulation concerning the export and import of hazardous chemicals (PIC Regulation)
The EU has published Commission Delegated Regulation (EU) 2022/643 of 10 February 2022 amending Regulation (EU) No 649/2012 as regards the listing of pesticides, industrial chemicals, persistent organic pollutants and mercury and an update of customs codes.
Regulation (EU) No 649/2012 (known as Prior Informed Consent Regulation, PIC) implements the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (‘the Rotterdam Convention’). It defines, among others, chemicals subject to export notification, chemicals qualifying for PIC notification, and chemicals subject to the PIC procedure.
The new Commission Delegated Regulation (EU) 2022/643 makes 22 new chemicals subject to notification (exporters must notify from July 1st, 2022) and bans 4 new chemicals.
Generally, the following substances are covered by the PIC Regulation
- Banned or severely restricted chemicals which are listed in Annex I to the PIC Regulation:
- Active substances in pesticides (e.g. atrazine or permethrin) or in biocidal products such as disinfectants, insecticides or parasiticides (e.g. malathion or didecyldimethylammonium chloride)
- Industrial chemicals (e.g. benzene or chloroform)
- Chemicals that are banned for export from the EU listed in Annex V to the PIC Regulation (e.g. persistent organic pollutants or some mercury compounds).
Each year, importers and exporters of PIC chemicals need to send their designated national authorities information on the exact quantities of the chemical shipped to or from each non-EU country during the preceding year.