Folie 1

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Twinning Project Sofia 16-17.01.2006 Implementatio
n of Regulation (EC) No.304/2003
Andrea Engelhardt Unit 5.4, Chemicals Law Tel.
49 231 9071 2514
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Regulation (EC) No 304/2003 of the European
Parliament and of the Council concerning the
export and import of dangerous chemicals(OJ L
63, 6.3.2003, p. 1)
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Regulation (EC) No. 304/2003 Definitions

• As per Convention, with certain adaptations /
  additions.
• Main changes
• Use of chemical sub-categories for purposes of
  determining need for export notification of
  chemicals banned or severely restricted within
  the Community
• Convention pesticide category divided into
  agricultural pesticides and industrial pesticides
  (e.g.biocides)
• Convention industrial chemical category divided
  into chemicals for professional use and chemicals
  for consumer use

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• Regulation (EC) No. 304/2003
• Definitions - main changes, cont.
• Inclusion of certain articles containing
  chemicals
• in non-reacted form that are banned or severely
• restricted for use in those particular
  articles.
• Extension of export notification to chemicals
• subject to PIC procedure.

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Main chemicals legislation triggering listing of
chemicals in Reg. 304/2003

• Agricultural pesticides Directive 91/414/EEC
• (http//europa.eu.int/comm/food/plant/protection/i
  ndex_en.htm)
• Industrial pesticidesDirective 98/8/EC
• (http//europa.eu.int/comm/environment/biocides/in
  dex.htm)
• Industrial chemicals Directive 76/769/EEC
• (http//europa.eu.int/comm/enterprise/chemicals
• /legislation/markrestr/index_en.htm)

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EC Export notifications, 1

• Chemicals covered
• Chemicals that are BOSR in the EC in a
  sub-category
• Chemicals that are BOSR in the EC in a Convention
  use category
• PIC chemicals (except POPs that are banned for
  export) - until importing country has given
  import response or indicates no notification
  required.
• Also covers articles containing, in non-reacted
  form, PIC chemicals or chemicals that are BOSR
  and qualify for PIC notification.

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EC Export notifications, 2

• Procedure applies to exports to any country,
  irrespective of intended use.
• Each exporter notifies his DNA before the first
  export of a chemical (at least 30 days before
  first export, 15 days before first export in
  subsequent years). Notification from the first
  exporter each year forwarded by Commission.
• Central register of notifications on EDEXIM at
  http//ecb.jrc.it/edex.

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EDEXIM homepage
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Obligations in relation to exports

• No export of PIC chemicals and chemicals that are
  BOSR within the Community and qualify for PIC
  notification without explicit consent of
  importing country.
• General obligations on expiry dates and size and
  packaging and purity specifications for
  pesticides.
• Certain chemicals and articles totally banned for
  export

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Explicit consent procedure

• Explicit consent needed unless import response in
  the latest PIC circular shows consent for the
  chemical and importing country concerned.
• Applies to exports to all countries.
• Consent has to be sought and received from the
  importing country DNA by the exporting MS DNA.
• Standardised request form. Link to export
  notification.
• Status list available on EDEXIM.

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Explicit consent status list on EDEXIM
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Information to accompany exported chemicals

• All dangerous chemicals to be packaged and
  labelled in accordance with Community
  legislation unless importing country requires
  otherwise.
• Where appropriate, production and expiry dates to
  be shown.
• Safety data sheets to be provided.
• Whenever practicable, all information to be in
  official/principal language of importing country.

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Key elements that go beyond Convention

• Export notification
• Applies to exports to all countries
• Wider range of chemicals covered (through use of
  use sub-categories, inclusion of PIC chemicals
  and certain articles).
• Export restrictions
• Need for explicit consent of importing country if
  chemical is a PIC chemical or qualifies for PIC
  notification. Applies to exports to all
  countries.
• Possibility for total export bans (POPs already
  banned)

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Key elements that go beyond Convention

• Information to accompany exported chemicals
• covers exported chemicals to all countries
• enhanced requirements for
• packaging and labelling,
• safety data sheets,
• production and expiry dates etc.