Article 2Scope

1.

This Regulation shall apply to:

(a)

certain hazardous chemicals that are subject to the prior informed consent procedure under the Convention (the ‘PIC procedure’);

(b)

certain hazardous chemicals that are banned or severely restricted within F1Great Britain;

(c)

chemicals when exported in so far as their classification, labelling and packaging are concerned.

2.

This Regulation shall not apply to any of the following:

(a)

narcotic drugs and psychotropic substances covered by Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors9;

(b)

radioactive materials and substances covered by F2the Ionising Radiations Regulations 2017;

(c)

wastes covered by F3the Waste (England and Wales) Regulations 2011 and the Waste (Scotland) Regulations 2011;

(d)

chemical weapons covered by Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items12;

(e)

food and food additives covered by Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules13;

(f)

feedingstuffs covered by Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety14, including additives, whether processed, partially processed or unprocessed, intended to be used for oral feeding to animals;

(g)

genetically modified organisms covered by F4the Genetically Modified Organisms (Deliberate Release) Regulations 2002 , the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 and the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;

F5(ga)

in relation to England, precision bred plants.

(h)

save to the extent covered by Article 3(5)(b) of this Regulation, proprietary medicinal products and veterinary medicinal products covered by F6the Human Medicines Regulations 2012 and F7the Veterinary Medicines Regulations 2013 respectively.

3.

This Regulation shall not apply to chemicals exported for the purpose of research or analysis in quantities that are unlikely to affect human health or the environment and that in any event do not exceed 10 kg from each exporter to each importing country F8, or to Northern Ireland, per calendar year.

Notwithstanding the first subparagraph, exporters of the chemicals referred to therein shall obtain a special reference identification number F9from the exporter’s Designated National Authority and provide that reference identification number in their export declaration.