Changes to the Law

Regulation (EC) No. 689/2008 replaced Regulation (EC) No. 304/2003 and incorporated some changes to the previous regulation in light of experience with implementation to date.

Exporters and importers of Annex I chemicals must follow the provisions of the Regulation from 3 September 2008. In particular they should note the following have been added:

1.    Broader definition of ‘exporter’

In the situation where a trader, based outside the EC has obtained chemicals from an EC chemical manufacturer or distributor, as the trader is not based in the Community, it is the EC chemical manufacturer or distributor who becomes the ‘exporter’ (Article 3(16)).

2.    New definition of ‘preparation’

Preparation means a mixture or a solution composed of two or more substances (Article 3(2)).

3.    In order to facilitate Customs enforcement of the Regulation (Article 17(2)), exporters of chemicals listed in Annex I now also have the duty to include in their export declarations the applicable reference numbers associated with export notification (Article 7(2)), import decision (Article 13(1)) or explicit consent (Article 13(9)).  These numbers will be assigned in the EDEXIM database by the Commission, and will also be communicated to the exporter by the DNA.  In Ireland such obligations will take effect from 1st May 2009.

4.   New procedure for allowing exports of certain chemicals to proceed on a temporary basis in certain circumstances: Exporters should take particular note of the following provisions:

  • Exporters may be permitted to export chemicals listed in Part 2 of Annex I to OECD countries without explicit consent subject to approval from the DNA (Article 13(6))
  • Exporters may be permitted to export chemicals listed in Parts 2 and 3 of Annex I if no response to a request for explicit consent has been received within 60 days of the request being made, subject to approval from the DNA (Article 13(7))
  • Exporters may rely on the explicit consent being received or waiver granted for set periods of time (Article 13(8))
  • Where explicit consent was given, a new explicit consent will be required by the end of the 3rd calendar year.  However, exports may continue for a further 12 months whilst waiting for a response to the new request for explicit consent
  • Where no response to a request for explicit consent has been received, the waiver granted in point (b) above shall be for a maximum of 12 months.  After this time exports cannot take place without explicit consent

Exports should be accompanied by a safety data sheet in accordance with Regulation (EC) 453/2010 (REACH)

Amendments to Regulation 689/2008

  • Commission Regulation (EU) No 73/2013 of 25 January 2013 amending Annex I and Annex V to Regulation (EC) No 689/2008 of the European Parliament and of the Council concerning the export and import of dangerous chemicals.
  • Commission Regulation (EU) No 71/2012 of 27 January 2012 amending Annex I to Regulation (EC) No 689/2008 of the European Parliament and of the Council concerning the export and import of dangerous chemicals.
  • Commission Regulation (EU) No 15/2010 of 7 January 2010 amending Annex I to Regulation (EC) No 689/2008 of the European Parliament and of the Council concerning the export and import of dangerous chemicals.
  • Commission Regulation (EU) No 196/2010 of 9 March 2010 amending Annex I to Regulation (EC) No 689/2008 of the European Parliament and of the Council concerning the export and import of dangerous chemicals
  • Commission Regulation (EU) No 186/2011 of 25 February 2011 amending Annex I to Regulation (EC) No 689/2008 of the European Parliament and of the Council concerning the export and import of dangerous chemicals
  • Commission Regulation (EU) No 214/2011 of 3 March 2011 amending Annex I and V to Regulation (EC) No 689/2008 of the European Parliament and of the Council concerning the export and import of dangerous chemicals

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