COMMISSION REGULATION (EC) No 1492/96 of 26 July 1996 amending Annex II and Annex III to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2455/92 of 23 July 1992, concerning Community exports and imports of certain dangerous chemicals (1), as last amended by Council Regulation (EC) No 3135/94 (2), and in particular Article 11 (2) and (3) thereof,

Whereas Regulation (EEC) No 2455/92 sets up a system of notification and information for imports from and exports to third countries of certain dangerous chemicals; whereas certain of these chemicals are subject to the international prior informed consent procedure (PIC) established by the United Nations Environment Programme (UNEP) and by the Food and Agriculture Organization (FAO);

Whereas Regulation (EEC) No 2455/92 further provides for the participation of the Community in the international notification and prior informed consent procedure;

Whereas Article 5 (3) of Regulation (EEC) No 2455/92 provides, inter alia, that Annex II to the said Regulation should comprise a list of chemicals subject to the international PIC procedure, a list of the countries participating in the PIC scheme and the PIC decisions of importing countries;

Whereas Article 11 (2) of Regulation (EEC) No 2455/92 provides that Annex II should be amended where the UNEP and the FAO have initiated amendments to the list of chemicals subject to the international PIC procedure and to the PIC decisions of importing countries;

Whereas, a number of such amendments having been so initiated, it is necessary, in accordance with Article 11 of Regulation (EEC) No 2455/92, to amend its Annex II, as last amended by Commission Regulation (EC) No 41/94 (3);

Whereas the exports of chemicals to which Regulation (EEC) No 2455/92 applies are subject to a common notification procedure which permits the Community to notify third countries with regard to such exports;

Whereas Article 4 (1) of the Regulation states that notifications of exports from the Community to third countries must comply with the requirements set out in Annex III;

Whereas, in the light of experience gained and to ensure a better information of third countries, it is desirable to amend Annex III to Regulation (EEC) No 2455/92;

Whereas this Regulation is in accordance with the opinion of the Committee set up under Article 29 of Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (4), as last amended by Commission Directive 94/69/EC (5),

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to this Regulation replaces Annex II to Regulation (EEC) No 2455/92.

Article 2

Annex II to this Regulation replaces Annex III to Regulation (EEC) No 2455/92.

Article 3

This Regulation shall come into force one month after its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 July 1996.

For the Commission

Martin BANGEMANN

Member of the Commission

(1) OJ No L 251, 29. 8. 1992, p. 13.

(2) OJ No L 332, 22. 12. 1994, p. 1.

(3) OJ No L 8, 12. 1. 1994, p. 1.

(4) OJ No L 196, 16. 8. 1967, p. 1.

(5) OJ No L 381, 31. 12. 1994, p. 1.

ANNEX I

'ANNEX II

The information contained in this Annex is based on the PIC Circular V, July 1995 and on the update of PIC Circular V, January 1996

(1) List of chemicals subject to the international PIC procedure

The following chemicals have been introduced in the PIC procedure following control actions reported by participating countries. For aldrin, dieldrin, DDT, dinoseb and dinoseb salts, fluoroacetamide, HCH, chlordane, chlordimeform, cyhexatin, EDB, heptachlor, mercury compounds, reported control actions refer to pesticide use (as defined by the FAO/UNEP). For crocidolite, PBBs, PCBs, PCTs and tris(2,3 dibromopropyl)phosphate, reported control actions refer to industrial use. Decision guidance documents (DGDs) have been prepared by UNEP/FAO (IRPTC) to help countries to make import decisions concerning those chemicals. Nevertheless, DGD is not the only information taken into account by countries when they take their import decision. Therefore, the import decision does not necessarily refer to the uses mentioned in the DGD.

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2. List of the countries participating in the PIC scheme

Afghanistan (*)

Albania

Algeria

Andorra (*)

Angola

Antigua and Barbuda

Argentina

Armenia

Australia

Azerbaijan (*)

Bahamas

Bahrain

Bangladesh

Barbados

Belarus (*)

Belize

Benin

Bhutan

Bolivia

Bosnia-Herzegovina (*)

Botswana (*)

Brazil

Brunei Darussalam (*)

Bulgaria

Burkina Faso

Burundi

Cambodia (*)

Cameroon

Canada

Cape-Verde

Central African Republic

Chad

Chile

China

Colombia

Comoros

Congo

Cook Islands

Costa Rica

Côte-d'Ivoire

Croatia (*)

Cuba

Cyprus

Czech Republic (1)

Democratic People's Republic of Korea (*)

Djibouti (*)

Dominica

Dominican Republic

Ecuador

Egypt

El Salvador

Equatorial Guinea (*)

Eritrea (*)

Estonia

Ethiopia

European Union (its Member States and Members of the EEA Agreement) (2)

Federated States of Micronesia (*)

Fiji

Gabon (*)

Gambia

Georgia (*)

Ghana

Grenada

Guatemala

Guinea

Guinea-Bissau (*)

Guyana (*)

Haiti

Holy See (*)

Honduras

Hungary

India

Indonesia

Iran

Iraq

Israel

Jamaica

Japan

Jordan

Kazakhstan

Kenya

Kiribati (*)

Kuwait

Kyrgyzstan (*)

Lao People's Democratic Republic (*)

Latvia

Lebanon

Lesotho

Liberia

Libyan Arab Jamahiriya

Lithuania

Macedonia (*)

Madagascar

Malawi

Malaysia

Maldives (*)

Mali (*)

Malta

Marshall Islands (*)

Mauritania

Mauritius

Mexico

Moldova

Monaco (*)

Mongolia

Morocco

Mozambique

Myanmar

Namibia (*)

Nauru (*)

Nepal

New Zealand

Nicaragua

Niger

Nigeria

Oman

Pakistan

Panama

Papua New Guinea

Paraguay

Peru

Philippines

Poland (*)

Qatar

Republic of Korea

Romania

Russian Federation

Rwanda

St Kitts and Nevis

St Lucia

St Vincent and the Grenadines

Samoa

San Marino (*)

São Tomé and Príncipe

Saudi Arabia

Senegal

Seychelles (*)

Sierra Leone

Singapore (*)

Slovakia

Slovenia (*)

Solomon Islands

Somalia (*)

South Africa (*)

Sri Lanka

Sudan

Suriname

Swaziland (*)

Switzerland

Syrian Arab Republic

Tajikistan

Thailand

Togo

Tonga

Trinidad and Tobago

Tunisia

Turkey

Turkmenistan (*)

Tuvalu (*)

Uganda

Ukraine (*)

United Arab Emirates

United Republic of Tanzania

United States of America

Uruguay

Uzbekistan

Vanuatu

Venezuela

Vietnam

Yemen (*)

Yugoslavia (*)

Zaire

Zambia

Zimbabwe

(*) These countries have not yet nominated a DNA.

(1) Focal point only.

(2) Member States of the European Union: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom.

Members of the EEA Agreement: European Union, Iceland, Liechtenstein, Norway.

3. Decisions of participating countries

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ANNEX II

'ANNEX III

Information required pursuant to Article 4

Reference No

1. Identity of the substance to be exported

- name in nomenclature of the International Union of Pure and Applied Chemistry,

- other names (usual name, trade name, abbreviation),

- EC number and CAS number,

- CUS number and combined nomenclature code,

- main impurities of the substance, when particularly relevant.

2. Identity of the preparation to be exported

- trade name or designation of the preparation,

- for each substance listed in Annex I, percentage and details as specified under 1.

3. Information on the export

- country of destination,

- country of origin,

- expected date of first export,

- estimated amount of the chemical to be exported to the destination country in the year following the first export,

- intended use in the country of destination, if known,

- name, address and other relevant particulars of the importer or importing company.

4. Designated national authorities

The name, address, telephone and telex or fax numbers or e-mail of the designated authority in the European Union from which further information may be obtained.

The name, address, telephone and telex or fax numbers or e-mail of the designated authority in the importing country.

5. Information on precautions to be taken, including category of danger and risk and safety advice

6. Use of the chemical in the European Union

- use category(ies) subject to control measure (ban or severe restriction),

- use category(ies) for which the chemical is not severely restricted or banned,

(Use categories, as defined in Annex I to the Regulation).

7. Summary of regulatory restrictions and reasons for them

8. Additional information

9. Acknowledgement of receipt

The above information should be provided on an export notification form as shown hereafter.

(Exporters are required to provide information on items 1, 2, 3, 5, 6 and (if any) 8.)

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EUROPEAN COMMISSION

Regulation (EEC) No 2455/92

Export notification form for a banned or severely restricted chemical

(Chemical No in Annex I to the Regulation: .......... var. .......... )

EXPORT NOTIFICATION REFERENCE No

1. IDENTITY OF THE CHEMICAL SUBSTANCE TO BE EXPORTED (1)

Name(s) of chemical:

Relevant impurities

EC No .......... CAS No .......... CUS No .......... CN code

2. IDENTITY OF THE PREPARATION TO BE EXPORTED (1)

Name(s) of preparation:

Name(s) of constituent chemical(s) banned or severely restricted: (all relevant chemicals must be listed)

(i) % in preparation: .......... EC No .......... CAS No .......... CUS No .......... CN code

(ii) % in preparation: .......... EC No .......... CAS No .......... CUS No .......... CN code

3. INFORMATION ON THE EXPORT (1)

Origin .......... Destination

Expected date of first export

Estimated amount of the chemical to be exported to the destination country in the year following the first export

Intended use in the country of destination, if known

Name, address and other relevant particulars of the importer or importing company

4. DESIGNATED NATIONAL AUTHORITIES

in the European Union .......... in the importing country

Representative of exporting country

Signature

Date

Official stamp

(1) Please complete either item 1 or 2.

Data Sheet for a banned or severely restricted chemical

(If a preparation contains more than one chemical which is banned or severely restricted in the European Union, data sheets on the additional chemicals must be attached hereto.)

CHEMICAL NAME(S)

EC No .......... CAS No .......... CUS No .......... CN Code

5. LABELLING REQUIREMENTS FOR THE CHEMICAL

Classification

Labelling

Symbols

Risk phrases

Safety phrases

LABELLING REQUIREMENTS FOR THE PREPARATION

Classification

Labelling

Symbols

Risk phrases

Safety phrases

6. USE OF THE CHEMICAL IN THE EUROPEAN UNION

Use category(ies) subject to the control measure (ban or severe restriction)

Use category(ies) for which the chemical is not severely restricted or banned

(use categories as defined in Annex I to the Regulation)

7. SUMMARY OF REGULATORY RESTRICTIONS AND REASONS FOR THEM

Reference to Community legislation

Reasons supporting the control action/reasons for banning the use in the European Union

8. ADDITIONAL INFORMATION

9. ACKNOWLEDGEMENT OF RECEIPT

EUROPEAN COMMISSION

Regulation (EEC) No 2455/92

Confirmation of receipt of an export notification

Please add the date and signature, and return to the following address:

Fax:

I confirm that we have received the export notification form bearing the export reference No (ERN):

Signature .......... Date .......... Official stamp:

Note: If the address on the export notification form is incorrect, or if the form should be sent to a different authority, please give details below:`

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