European Commission Consults on Amendment to PIC Regulation

On 19 July 2024, the European Commission launched a consultation on a delegated regulation that will amend the EU’s Prior Informed Consent (PIC) Regulation (EU No 649/2012). The amendment primarily updates the list of chemicals in Annex I, based on recent regulatory developments in the EU and decisions taken under international conventions such as the Rotterdam and Stockholm Conventions.

Understanding PIC

The Prior Informed Consent (PIC) Regulation regulates trade of certain hazardous chemicals that are banned or severely restricted in the EU. It imposes obligations on companies wishing to export these chemicals to non-EU countries or import them into the EU. PIC implements the Rotterdam Convention within the EU and promotes shared responsibility and cooperation in the international trade of hazardous chemicals. It also protects human health and the environment by providing importing countries with information on the safe storage, transport, use and disposal of hazardous chemicals. The PIC Regulation entered into force on 1 March 2014.

What does the PIC Regulation cover?

• Banned or severely restricted chemicals listed in Annex I to the PIC Regulation, including active substances in pesticides and industrial chemicals.

• Chemicals listed in Annex V to the PIC Regulation that are prohibited for export from the EU.

Main Changes in the Delegated Regulation

New Chemicals Added: A total of 42 new chemicals have been added to Part 1 of Annex I, including substances such as abamectin, acrolein, benfluralin and dihexyl phthalate. Part 2 sees the inclusion of 39 new chemicals such as benthiavalicarb, chloridazon, cyanamide and metiram.

Revised Entries: The entries for cyanamide, terbufos and warfarin in Part 1 have been updated with new details. In addition, the entry for polychlorinated biphenyls (PCBs) in Part 3 has been revised.

Deletions and Additions: Terbufos has been removed from Part 2 and added to Part 3 of Annex I with updated details.

New Export Ban: Perfluorohexanesulfonic acid (PFHxS), its salts and PFHxS-related compounds have been added to the list of chemicals subject to an export ban in Annex V. The entry for endosulfan has also been updated.

Consultation Deadline and Regulatory Goals

The consultation on this amendment closes on 16 August 2024 and stakeholders are encouraged to provide their feedback. The proposed amendments aim to improve the regulatory framework for the safe management of hazardous chemicals, ensuring better protection of human health and the environment.

The full text of the draft Delegated Regulation  and its annexes can be downloaded here.