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Hazardous chemicals management under Rotterdam Convention in the European Union

International High-level expert Conference on Chemical Safety and Rotterdam Convention : Policies and Practices in Russia (14 –15 October 2010, in Moscow)

General Directorate for Risk Prevention

Department for Nuisances Prevention andQuality of the Environment

Chemical Substances and Preparations Unit

Charles VALLET

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EU legal basis

Rotterdam Convention (UNEP & FAO)

France :

Signature on 11 September 1998 Ratification on 17 February 2004

Improved international management concerning hazardous chemicals in International trade

PIC procedure (Prior Informed Consent )

European regulations

Council regulation (EEC) N° 2455/92 of 23 July 1992 concerning the export and import ofCertain dangerous chemicals [repealed]

Common system of notification and information to export banned and severely restrictedchemicals in the EU Community because of the negative effects on the human health or theenvironment

Regulation (EC) n° 689/2008 (entered into force on 1st August 2008)

Regulation (EC) N° 689/2008 of the European Parliament and of the Council concerning theexport and import of dangerous chemicals implements the Rotterdam Convention(OJ L 204, 31.7.2008, p. 1-35)

International High-level expert Conference on Chemical Safety and Rotterdam Convention : Policies and Practices in Russia (14 –15 October 2010, in Moscow)

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Chemicals (1/2)

Chemicals concerned by Reg. 689/2008 [article 2, 1.a) à c)]

Status of concerned chemicalsBanned or severely restricted chemicals in EU

Types of chemicals substances by itselves [“pure”] preparations (« mixtures ») containing concerned substances articles containing concerned substances

Exempted products (covered by others EU texts) [article 2, 2. a) à i)] narcotic drugs and psychotropic substances radioactive materials and substances wastes chemical weapons food and food additives genetically modified organisms medicinal products and veterinary medicinal (except biocides).

International High-level expert Conference on Chemical Safety and Rotterdam Convention : Policies and Practices in Russia (14 –15 October 2010, in Moscow)

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Chemicals (2/2)

Chemicals categories [article 2, 1.a) à c)]

2 « Convention » use categories 4 « EC Regulation » use sub-categories

Chemicals

Pesticide Industrial

pesticide in the group of plant protection products

other pesticide including biocide

professionnal use public use

Persistent organic pollutants (POP) [Reg. (EC) N° 850/2004] Biocides [Directive 98/8/EC] Plant protection products [Directive 91/414/ECC] « CLP » («Classification, Labelling, Packaging ») [Reg. (EC) N° 1272/2008] « REACH » (Registration, Evaluation, Authorisation and Restriction of Chemicals) [Reg. (CE) nº 1907/2006]

EU linked legal texts list of chemicals reviewed at least every year [art. 22]

Regulation applies if the substance is listed in a sub-category even if the product is used in the importing country for a use corresponding to another sub-category.

International High-level expert Conference on Chemical Safety and Rotterdam Convention : Policies and Practices in Russia (14 –15 October 2010, in Moscow)

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Implementation (1/10)

2 procedure levels

Annex I of (EC) Reg. N°689/2008

List of chemicals subject to export notification procedure

List divided into 3 parts :

Annex I Part 1 Part 2 Part 3

Export notification Sent by the exporter to the Member State Designated National Authority (DNA) [article 4] on EDEXIM

Explicit consent request No

Sent by the Member State DNA to the competent importing country authorities

International High-level expert Conference on Chemical Safety and Rotterdam Convention : Policies and Practices in Russia (14 –15 October 2010, in Moscow)

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Implementation (2/10)

EDEXIM (European Database EXport IMport of dangerous chemical) [1/4]

International High-level expert Conference on Chemical Safety and Rotterdam Convention : Policies and Practices in Russia (14 –15 October 2010, in Moscow)

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Implementation (3/10)

EDEXIM (European Database EXport IMport of dangerous chemical) [2/4]

International High-level expert Conference on Chemical Safety and Rotterdam Convention : Policies and Practices in Russia (14 –15 October 2010, in Moscow)

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Implementation (4/10)

EDEXIM (European Database EXport IMport of dangerous chemical) [3/4]

International High-level expert Conference on Chemical Safety and Rotterdam Convention : Policies and Practices in Russia (14 –15 October 2010, in Moscow)

Russian Federation

3 13 24 33 26 35 76 81

Last Updated : 11-Oct-2010

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Implementation (5/10)

EDEXIM (European Database EXport IMport of dangerous chemical) [4/4]

International High-level expert Conference on Chemical Safety and Rotterdam Convention : Policies and Practices in Russia (14 –15 October 2010, in Moscow)

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Implementation (6/10)

Annex I : chemicals that can be exported [article 6]

Annex I : 3 parts for which differences ?

part 1 : list of chemicals subject to export notification procedure part 2 : list of chemicals qualifying for PIC notification part 3 : list of chemicals subject to the PIC procedure under the Rotterdam Convention

Annexe I Part 1 Part 2 Part 3

Notification + SDS Yes Yes Yes

Explicit Consent Request No

Yes (Reg. 689/2008)

Yes / No(PIC circular - Rotterdam)

Rotterdam, Annex III No No Yes

Annex V : Chemicals and articles subject to export ban [article 14.2]Aldrin, chlordane, dieldrin, DDT (1,1,1-trichloro-2,2-bis (p-chlorophenyl) ethane, endrin, heptachlor, hexachlorobenzene, mirex, toxaphene (camphechlor), polychlorinated biphenyls (PCBs) [Persistent organic pollutants]

Ethylene OxideCCl4 Chrysotile Asbestos

International High-level expert Conference on Chemical Safety and Rotterdam Convention : Policies and Practices in Russia (14 –15 October 2010, in Moscow)

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Implementation (7/10)

Decision procedure for listing substances to Annex 1

Bannedor

severely restricted

No authorisationDirective 91/414

[Plant Protection Products]

No authorisationDirective 98/8

[Biocides]

Listed toAnnex IPart 1 + 2

Sent a PIC notification to

the RC Secretariat

EU Commission proposal for listing to Annex I

No authorisationAnother EU legal texts

ex : 76/769 (chlorinated solvents)

International High-level expert Conference on Chemical Safety and Rotterdam Convention : Policies and Practices in Russia (14 –15 October 2010, in Moscow)

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Implementation (8/10)

Keys issues for stakeholders (1/2)

Member States

DNA (Designated National Authority) Responsible for implementation of EC regulation n°689/2008 Responsible for processing notifications submitted by exporters Responsible for requests of explicit consent

Customs Responsible for export/export controls

European Commission Is the common DNA for European Union Manages the database EDEXIM (central register of notifications) Establishes final notifications sent to the importing countries (after the control made by Member State) Co-ordinates EU Member States at international level (COP, CRC, Workshop…) Notifies EU decisions concerning chemicals to the Secretariat of the Rotterdam Convention

International High-level expert Conference on Chemical Safety and Rotterdam Convention : Policies and Practices in Russia (14 –15 October 2010, in Moscow)

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Implementation (9/10)

Key issues for stakeholders (2/2)

Exporters

1°) shall comply with decisions in each import response no later than six months after the Secretariat has first informed the Commission of that response (PIC circular) [article 13.4]

2°) shall send annual notification before first export of a chemical. This notification is forwarded by EU Commission to importing countries

3°) ensure that exported chemicals shall respect the measures on packaging and labelling [article 16.1], that a safety data sheet (SDS) shall accompany chemicals [article 16.3], that The information on the label and on the safety data sheet shall as far as practicable be given in the official languages, or in one or more of the principal languages, of the country of destination or of the area of intended use [article 16.4]

Exporters & Importers

Shall inform the DNA of its Member, during the first quarter of each year, regarding the quantity of the chemical, as a substance and as contained in preparations or in articles, shipped to each Party or other country during the preceding year [article 9]

International High-level expert Conference on Chemical Safety and Rotterdam Convention : Policies and Practices in Russia (14 –15 October 2010, in Moscow)

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Implementation (10/10)

Penalties for infringements

In France, the export or import of dangerous chemicals (substances, preparations or articles) without complying with the provisions of (EC) regulation n° 689/2008 may be punished by maximum :

2 years of detention

75 000 euros (mulplication by 5 for legal persons)

International High-level expert Conference on Chemical Safety and Rotterdam Convention : Policies and Practices in Russia (14 –15 October 2010, in Moscow)

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Review 2010

First update of Annex I [(EU) regulation n° 15/2010]

Second update of Annex I [(EU) regulation n° 196/2010]

Chemicals with a new entrie or modified in Annex I1,3-dichloropropene Benfuracarb

Fenarimol Methamidophos

Methomyl Paraquat

Procymidone Tolylfluanid

Trifluralin Azinphos-methyl

Diazinon Dichlorvos

Fenitrothion Vinclozolin

Acide naphtyloxyacétique-2 Anthraquinone

Butralin Dicofol

Diniconazole-M Flurprimidol

Nicotine Propachlore

Propanil Tricyclazole

Triorganostannic compounds other than tributyltin compounds

All Tributyltin compounds, including :Tributyltin oxide, Tributyltin fluoride, Tributyltin methacrylate, Tributyltin benzoate, Tributyltin chloride, Tributyltin linoleate, Tributyltin naphthenate