The Commission presents a report on the implementation of Regulation 304/2003/EC concerning the export and import of dangerous chemicals. The report covers the period from 2003 to 2005. It outlines the main provisions of the Regulation and the main tasks performed by the Member States, the Commission and industry, and reviews implementation of the procedures, including actions taken, to improve the efficiency of the Regulation. The report considers implementation problems that have been encountered and possible changes to the Regulation that could further improve its functioning.

The Regulation has been applied for three years. Export notifications handled by Member States totalled 2273. The numbers have increased significantly between 2003 and 2005, from 223 to 1174 per year. About 55-60% concerned substances; the remainder preparations. The number of chemicals involved has doubled from 24 in 2003, to 54 in 2005. The total number of importing countries has also increased from 70 in 2003 to 101 in 2005. Over 80% of the total number of notifications came from five Member States (Germany, UK, Netherlands, France and Spain). 10 Member States (Cyprus, Estonia, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Portugal and Slovakia) did not make any export notifications. The total number of EU export notifications actually sent by the Commission was 1717 (126 in 2003, 680 in 2004 and 911 in 2005.)

During this time the workload for the Designated National Authorities (DNAs) has increased as exporters have become more familiar with the rules and more chemicals have been added to the different procedures. Overall the amount of DNA resources involved is not significant. The administrative burden for exporters and the authorities remains reasonable, although some authorities have encountered problems. The workload will continue to increase, but overall this should not prove unduly burdensome provided that the necessary resources continue to be available at national and EU level.

Overall, the Regulation’s procedures have proved effective and functioned well. The main problem has been the delays in obtaining responses to requests for explicit consent. The number of such cases is much higher than could have been anticipated causing additional workload. It has added significantly to the administrative burdens on exporters, DNAs and the Commission. It has also disadvantaged EU exporters vis-à-vis competitors without necessarily adding to the protection of human health and the environment in importing countries. The situation as regards chemicals listed in part 2 of Annex I is particularly problematic.

Although there were initial problems with EDEXIM caused by difficulties in adapting the database to accommodate all the Regulation's requirements in full and meeting user’s needs, much progress has been made in addressing these problems. In particular, the planned ‘Enterprise’ version will simplify and speed up the process.

Co-operation between Member States and the Commission is excellent. Generally the information circulates smoothly between the different parties. However the flow of information with importing countries could be improved.

To date there appear to have been no major problems of non-compliance with the rules.

The importance of enforcement has been emphasised, in particular the role of customs authorities in this regard. Closer collaboration with customs is needed. There is also widespread support for additional tools to help facilitate the work of customs control, particularly as regards exports.

There are also a number of more minor issues where the scope of the rules could be clarified:

- greater clarity is needed in the scope of the rules relating to export notifications (and where applicable explicit consent) in respect of preparations;

- export notifications should include information about the expected quantities of export each year so that the importing country has a clearer overall picture. Making clearer the intended use in export notifications would also be helpful. Often importing countries request further information of these kinds;

- the Regulation's definition of 'exporter' can give rise to some problems in relation to the export notification requirement for goods that are delivered by EC manufacturers or distributors to non-EU based traders who then export the goods. This has been addressed in the detailed notes for guidance for DNAs, but needs to be covered in the Regulation itself so that there is a harmonised approach;

- the procedure for handling export notifications from third countries is not optimal. The majority of these notifications come from the USA. It is hoped that once the US starts sending all the notifications directly to the Commission, the procedure will function more smoothly.

Several Member States commented on the difficulties of obtaining information on imports of Annex I chemicals, linking this to the procedure for export notifications from third countries.

COM(2006)0747
EUR-Lex

PURPOSE: To adopt Community import decisions for certain chemicals in accordance with the Prior Consent Procedure.

LEGISLATIVE ACT: Commission Decision 2005/814/CE adopting Community import decisions for certain chemicals pursuant to Regulation 304/2003 of the European Parliament and of the Council amending Decision 2000/657.

CONTENT: In accordance with the Prior Consent Procedure established under the Rotterdam Convention it has been decide to adopt a decision on the import of the chemical tetraethyl lead as set out on the form for the importing country in Annex I. Similarly, it has been decided to adopt a decision on the import of the chemical tetramethyl lead as set out on the form for importing country responses in Annex II.

Further, it has been decided to replace the import of parathion as set out in Annex to Decision 2000/657 with the form for importing country responses in Annex III to this Decision. In other words the entry for parathion in Annex III to the Convention needs to be replaced by an entry covering parathion in all its forms.

ENTRY INTO FORCE: 18/11/2005.

32005D0814
OJ L 304 23.11.2005, p. 0046-0059

LEGISLATIVE ACT: Commission Decision 2005/416/EC.

CONTENT: Under the provisions of Regulation 304/2003/EC, the Commission decides on behalf of the Community, whether or not to permit the import into the Community of each chemical subject to the Prior Informed Consent (PIC) procedure under the Rotterdam Convention covering certain hazardous chemicals and pesticides in international trade.

It has become necessary to amend previous import decisions in relation to the chemicals aldrin, chlordane, chlordimeform, DDT, dieldrin, dinoseb and its salts and esters, EDB (1,2-dibromoethane), ethylene oxide, fluoracetamide, HCH (mixed isomers), heptachlor, hexachlorobenzene, lindane, methamidophos pentachlorophenol and its salts and esters, polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs) and toxaphene in order to reflect the enlargement of the Community on 1 May 2004 as well as to take account of regulatory developments in the Community since those decisions were adopted.

The decisions on the import of the chemicals aldrin, chlordane, chlordimeform, DDT, dieldrin, dinoseb and its salts and esters, EDB (1,2-dibromoethane), fluoroacetamide, HCH (mixed isomers), heptachlor, polychlorinated biphenyls (PCBs) and polychlorinated terphenyls (PCTs) first published in PIC Circular V are replaced by the import decisions set out on the forms for importing country responses, hereinafter import response forms, in Annex I to this Decision.

The decisions on the import of hexachlorobenzene, pentachorophenol and its salts and esters, toxaphene and methamidophos as set out in the Annex to Decision 2000/657/EC are replaced by the import decisions set out on the import response forms in Annex II to this Decision.

The decision on the import of the chemical lindane (gamma HCH) as set out in the Annex to Decision 2001/852/EC is replaced by the import decision set out on the import response form in Annex III to this Decision.

The decision on the import of the chemical ethylene oxide as set out in Annex II to Decision 2003/508/EC is replaced by the import decision set out on the import response form in Annex IV to this Decision.

32005D0416
OJ L 147 10.06.2005, p. 0001-0075

LEGISLATIVE ACT : Commission Decision 2004/382/EC adopting Community import decisions for certain chemicals pursuant to Regulation 304/2003/EC of the European Parliament and of the Council.

CONTENT: Pursuant to Regulation 304/2003/EC, the Commission is to decide on behalf of the Community, whether or not to permit the import into the Community of each chemical subject to the prior informed consent (PIC) procedure. The United Nations Environment Programme (UNEP) and the Food and Agriculture Organization (FAO) have been appointed to provide secretariat services for the operation of the interim PIC procedure established by the Final Act of the Conference of Plenipotentiaries on the Rotterdam Convention on the Prior Informed Consent (PIC) procedure for certain hazardous chemicals and pesticides in international trade, signed in September 1998, and approved by the Community by Council Decision 2003/106/EC in December 2002 concerning the approval, on behalf of the European Community, of the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade, in particular the Resolution on interim arrangements laid down in the Final Act.

The Commission, acting as common designated authority, is required to forward decisions on chemicals to the Secretariat of the interim PIC procedure, on behalf of the Community and its Member States. The interim Secretariat has requested that the participants in the PIC procedure use the special Importing Country Response form when reporting their import decisions.

The chemicals actinolite, amosite, anthophyllite and tremolite, which are all amphibole forms of asbestos fibres, have also been added to the interim PIC procedure and the Commission has received information from the interim secretariat in the form of a decision guidance document (which also covers crocidolite asbestos, which was already included in the interim PIC procedure and was subject to a final Community import decision that was reported in PIC circular IV reflecting the position as at 31 December 1994). All these chemicals have been progressively banned or severely restricted at Community level by means of a series of regulatory actions, the latest of which is Commission Directive 1999/77/EC adapting to technical progress for the sixth time Council directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations. Accordingly a final import decision should be taken for actinolite, amosite, anthophyllite and tremolite and a revised and updated final decision should be taken in respect of crocidolite.

The chemical DNOC has been added to the interim PIC procedure, as a pesticide, for which the Commission has received information from the interim Secretariat in the form of a decision guidance document. DNOC falls within the scope of Council Directive 91/414/EEC concerning the placing of plant protection products on the market, as last amended by Regulation 806/2003/EC. By Commission Decision 1999/164/EC concerning the non-inclusion of DNOC of active substance in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing this active substance, DNOC was excluded from Annex I to Directive 91/414/EEC and authorisations for plant protection products containing it were to be withdrawn by 16 August 1999. Accordingly a final import decision should be taken.

Certain pesticide formulations, in the form of dustable powder formulations containing a combination of benomyl at or above 7 %, carbofuran at or above 10 % and thiram at or above 15 %, have also been added to the interim PIC procedure. The Commission has received information from the interim secretariat in the form of a decision guidance document. The chemicals benomyl, carbofuran and thiram fall within the scope of Directive 91/414/EEC. By Commission Decision 2002/928/EC concerning the non-inclusion of benomyl in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing this active substance, benomyl has been excluded from Annex I to Directive 91/414/EEC and authorisations for plant protection products containing it had to be withdrawn by 25 May 2003.

Carbofuran is currently subject to an ongoing assessment within the framework of Directive 91/414/EEC. That Directive provides for a transitional period during which Member States are allowed to take national decisions on substances and products falling with its scope pending a Community decision. By Commission Directive 2003/81/EC amending Directive 91/414/EEC to include molinate, thiram and ziram as active substances, thiram has been included in Annex I to Directive 91/414/EEC and is authorised for use in plant protection products subject to certain conditions. Thiram has also been notified under Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market, which provides for a transitional period during which Member States may, pending a Community decision, take a decision on substances and products falling within its scope. Consequently, an interim import decision should be taken for dustable powder formulations containing a combination of benomyl, carbofuran and thiram at or above the specified concentrations.

The final decision on the import of the chemicals actinolite, amosite, anthophyllite, crocidolite and tremolite, as set out in the import response form contained in Annex I to this Decision, is adopted.

The final decision on the import of the chemical DNOC, as set out in the import response form contained in Annex II to this Decision, is adopted.

The interim decision on the import of dustable powder pesticide formulations containing a combination of benomyl at or above 7 %, carbofuran at or above 10 % and thiram at or above 15 %, as set out in the import response form in Annex III to this Decision, is also adopted.

32004D0382
OJ L 144 30.04.2004, p. 0012-0033

LEGISLATIVE ACT: Commission Decision 2003/508/EC adopting Community import decisions for certain chemicals pursuant to Regulation 304/2003/EC of the European Parliament and of the Council and amending Decisions 2000/657/EC and 2001/852/EC.

CONTENT: Under Regulation 304/2003/EC, the Commission is to decide on behalf of the Community whether or not to permit the import into the Community of each chemical subject to the prior informed consent (PIC) procedure. The Commission is required to forward decisions on chemicals to the Secretariat of the interim PIC procedure (‘the interim Secretariat’) on behalf of the Community and its Member States. The interim Secretariat has requested that participants in the PIC procedure use the special Importing Country Response form when reporting their import decisions.

The chemical monocrotophos has been added to the list of chemicals subject to the interim PIC procedure, as a pesticide, for which the Commission has received information from the interim Secretariat in the form of a Decision Guidance Document. Monocrotophos is already subject to the interim PIC procedure to the extent that certain severely hazardous pesticide formulations containing monocrotophos are listed in Annex III to the Rotterdam Convention. Pending a Community evaluation of monocrotophos within the framework of Council Directive 91/414/EEC concerning the placing of plant protection products on the market, as last amended by Regulation 806/2003/EC, an interim response concerning those pesticide formulations was given in Commission Decision 2000/657/EC adopting Community import decisions for certain chemicals pursuant to Council Regulation 2455/92/EEC concerning the export and import of certain dangerous chemicals, as amended by Decision 2001/852/EC.

Pursuant to Commission Regulation 2076/2002/EC extending the time period referred to in Article 8(2) of Council Directive 91/414/EEC and concerning the non-inclusion of certain active substances in Annex I to that Directive and the withdrawal of authorisation for plant protection products containing these substances, monocrotophos was excluded from Annex I to Directive 91/414/EEC and authorisations for plant protection products containing it were to be withdrawn by 25 July 2003. The interim response set out in Decision 2000/ 657/EC has therefore been replaced by a final import decision.

The chemicals 2,4,5-T, chlorobenzilate and phosphamidon fall within the scope of Directive 91/414/EEC, which provides for a transitional period during which Member States may, pending a Community decision, take a decision on substances and products falling within the scope of that Directive. By Regulation 2076/ 2002/EC, those substances were excluded from Annex I to Directive 91/414/EEC and authorisations for plant protection products containing the substances were to be withdrawn by 25 July 2003.

The import decisions for the pesticide formulations 2,4,5-T, chlorobenzilate and phosphamidon set out in Decision 2000/657/EC, which were submitted as interim responses pending a Community decision, have therefore been replaced by final decisions.

The chemicals parathion and methyl parathion also fall within the scope of Directive 91/414/EEC. By Commission Decision 2001/520/EC concerning the non-inclusion of parathion in Annex I to Council Directive 91/414/EEC and the withdrawal of authorizations for plant protection products containing this active substance and Commission Decision 2003/166/EC concerning the non-inclusion of methyl parathion in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing this active substance, those substances have now been excluded from Annex I to Directive 91/414/EEC and authorisations for plant protection products containing them have been withdrawn. Consequently, the import decisions for the pesticide formulations parathion and methyl parathion, as set out in Commission Decision 2001/852/EC on adopting Community import decisions pursuant to Council Regulation 2455/92/EEC concerning the export and import of certain dangerous chemicals and amending Decision 2000/657/EC and Decision 2000/657/EC, respectively, which were submitted as interim responses pending a Community decision, are replaced by final decisions.

The chemical ethylene oxide is covered by Council Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances, as last amended by Regulation (EC) No 807/2003. This was reflected in a final decision on import contained in Decision 2001/852/EC. However, ethylene oxide has recently been notified under the Community programme for the evaluation of existing substances under Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market, which provides for a transitional period during which Member States may, pending a Community decision, take a decision on substances and products falling within its scope. The import decision set out in Decision 2001/852/EC has therefore been replaced.

The chemicals polybrominated biphenyls (PBBs) were made subject to severe restrictions at Community level by Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations, as last amended by Directive 2003/11/EC of the European Parliament and of the Council. This was reflected in a Community import decision that was published in PIC Circular V reporting the situation as at 30 June 1995. However, that Decision did not take into account a complete ban on PBBs in Austria dating from 1993. It has therefore been necessary to replace that import Decision.

The interim responses on the import of the chemicals 2,4,5-T, chlorobenzilate, methyl parathion, monocrotophos and phosphamidon, as set out in the Annex to Decision 2000/657/EEC, are replaced by the import response forms set out in Annex I to this Decision.

The final decision on the import of ethylene oxide and the interim response on the import of parathion, as set out in the Annex to Decision 2001/852/EC, are replaced by the import response forms set out in Annex II to this Decision.

32003D0508
OJ L 174 12.07.2003, p. 0010-0039

Regulation 2003/304
OJ L 063 06.03.2003, p. 0001-0026

2473

T5-0516/2002
OJ C 300 11.12.2003, p. 0443-0580 E

T5-0516/2002

Debate in Parliament

2457

A5-0291/2002

A5-0291/2002

CES0844/2002

2439

EUR-Lex
OJ C 126 28.05.2002, p. 0291 E
COM(2001)0803

EUR-Lex
COM(2001)0803