The Export and Import of Dangerous Chemicals Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations make provision for the operation of Regulation (EC) No 689/2008 of the European Parliament and of the Council concerning the export and import of dangerous chemicals (OJ No L 204, 31.7.08, p1.) (“the Regulation”). They revoke and replace the Export and Import of Dangerous Chemicals Regulations 2005 (S.I. 2005/928), the Export of Dangerous Chemicals Regulations (Northern Ireland) 1992 (S.R. 1992/460) and the Export of Dangerous Chemicals (Amendment) Regulations (Northern Ireland) 1999 (S.R. 1999/127).

2.  The 2005 Regulations made provision in Great Britain for the operation of Regulation (EC) No 304/2003 of the European Parliament and of the Council concerning the export and import of dangerous chemicals (OJ No L63, 6.3.2003, p 1) as amended by Commission Regulation (EC) No 1213/2003 of 7^th July 2003 (OJ No L 169, 8.7.2003, p27) and Commission Regulation (EC) No 775/2004 of 26^th April 2004 (OJ No L 123, 27.4.2004, p27). These EC Regulations implemented within the European Community the Rotterdam Convention on the prior informed consent (PIC) procedure for certain hazardous chemicals and pesticides in international trade signed by the Community on 11^th September 1998.

3.  In its judgment of 10 January 2006 in Case C-178/03 (Commission v. Parliament and Council) (ECR [2006], I-107), the Court of Justice of the European Communities annulled Regulation (EC) No 304/2003 as it was based solely on Article 175(1) of the Treaty Establishing the European Community, ruling that both Articles 133 and 175(1) were the appropriate legal bases. However, the Court also ruled that the effects of Regulation (EC) No 304/2003 were to be maintained until the adoption of a new Regulation founded on the appropriate legal bases. The new Regulation is based on both Articles 133 and 175(1). Further elements have been incorporated into the Regulation following a report submitted by the European Commission to the European Parliament and the Council on the operation of Regulation (EC) No 304/2003 identifying a number of technical amendments that appeared to be necessary.

4.  The main purposes of the Regulation are to implement within the European Community the Rotterdam Convention, to establish a similar procedure for chemicals which qualify for PIC status and to maintain in force a common export notification procedure for chemicals either banned for use or whose use is severely restricted within the Community. The chemicals concerned are listed in Annex I Parts 1, 2 and 3 to the Regulation, whose Article 22 provides for the review of Annex I by the European Commission at least every year. Article 22 further provides for the making of amendments to Annex I, and also to Annexes II, III, IV and VI which give particulars for administrative requirements under the Regulation, to be delegated to the European Commission. The European Commission acts as the central administrative authority for all member states for contact with other parties to the Convention and with non-parties. Designated national authorities are to be appointed to administer the Regulation within each member state.

5.  Other provisions of the Regulation concern export close to expiry date, packaging, labelling, safety information, storage information, information on quantities traded, information and assistance to developing countries and transit information. The export of chemicals, listed in Annex V, whose use is prohibited within the Community for the protection of human health or the environment is prohibited.

6.  Article 16(1) of the Regulation provides that chemicals for export shall be subject to the measures on packaging and labelling established in, or pursuant to, inter alia, Directives 67/548/EEC, 1999/45/EC, 91/414/EEC and 98/8/EC. The provisions of the named Directives have been incorporated into the law of the United Kingdom by the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (S.I. 2002/1689, as amended by S.I. 2004/568 and S.I. 2005/2571), the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002 (S.R. 2002/301, as amended by S.R. 2005/463 and S.R. 2006/173), the Plant Protection Products Regulations 2005 (S.I. 2005/1435, as amended by S.I. 2007/1941), the Plant Protection Products Regulations (Northern Ireland) 2005 (S.R. 2005/526, as amended by S.R. 2008/85), the Plant Protection Products (Scotland) Regulations (S.S.I. 2005/331, as amended by S.S.I 2006/576), the Biocidal Products Regulations 2001 (SI. 2001/880, as amended by S.I. 2003/429, S.I. 2005/2451 and S.I. 2007/293) and the Biocidal Products Regulations (Northern Ireland) (S.R. 2001/422, as amended by S.I. 2003/429, S.I. 2005/2451 and S.R. 2007/190).

7.  Regulation 2 appoints the Health and Safety Executive and the Health and Safety Executive for Northern Ireland to be the designated national authorities to perform the administrative functions required by the Regulation, in accordance with its Article 4, and to be the designated national authorities with responsibility for controlling the import and export of chemicals listed in Annex I to the Regulation, in accordance with its Article 17.

8.  Regulations 3 and 4 provide for the enforcement of the Regulation and these Regulations. In regulation 4, paragraph (1) places on the Health and Safety Executive and the Health and Safety Executive for Northern Ireland the duty to arrange for their enforcement, and paragraphs (2) to (7) provide that the enforcement and offences provisions of the Health and Safety at Work etc. Act 1974 (1974 c.37) and the Health and Safety at Work (Northern Ireland) Order 1978 applies to them as if the Regulation and these Regulations were health and safety regulations made under section 15 of that Act, or Article 17 of that Order, subject to paragraph (8) which provides that breach of the export prohibition in Article 14(2) is subject to enforcement under the Customs and Excise Management Act 1979 (1979 c.2).

9.  No Regulatory Impact Assessment has been prepared in relation to these Regulations as they have no impact on costs for businesses, charities or voluntary bodies.