Scope
Article 2
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 Great 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 precursors ;
b
radioactive materials and substances covered by the Ionising Radiations Regulations 2017;
c
wastes covered by the 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 items ;
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 rules ;
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 safety , including additives, whether processed, partially processed or unprocessed, intended to be used for oral feeding to animals;
g
genetically modified organisms covered by the 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;
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 the Human Medicines Regulations 2012 and the 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 , 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 from the exporter’s Designated National Authority and provide that reference identification number in their export declaration.
OJ L 22, 26.1.2005, p. 1.
OJ L 134, 29.5.2009, p. 1.
OJ L 165, 30.4.2004, p. 1.
OJ L 31, 1.2.2002, p. 1.
Words in Art. 2(1)(b) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 146(2) (as substituted by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 41(a)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(2)(b) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 146(3)(a) (as amended by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 41(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(2)(c) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 146(3)(b) (as amended by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 41(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(2)(g) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 146(3)(c) (as amended by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 41(b)(iii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(2)(h) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 146(3)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(2)(h) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 146(3)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(3) inserted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 146(4)(a) (as substituted by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 41(c)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(3) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 2 para. 146(4)(b) (as substituted by S.I. 2020/1567, reg. 1(2), Sch. 2 para. 41(c)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(2)(ga) inserted (13.11.2025) by The Genetic Technology (Precision Breeding) Regulations 2025 (S.I. 2025/581), reg. 1(1), Sch. 5 para. 9(2)