The PIC regulation (“Prior Informed Consent”) is a European regulation with immediate effect in the member states. Based on the Rotterdam Convention, it regulates international trade in hazardous chemicals. The proposal is about leaving the receiving third country to decide which hazardous chemicals are allowed to enter the country and for which uses.
The chemicals are divided into different appendices according to their degree of danger based on their classification according to the CLP regulation VO (EG) 1272/2008 and are subject to different regulations due to this, from the mere export notification obligation to the approval obligation of the importing country to import bans.
The PIC regulation does not think in terms of the product, but in terms of the substance. This means that different products that contain a similar concentration of dangerous substances can be combined into one notification. An export notification must be created for each substance and recipient country for the respective calendar year.
Würth products / export notification
An evaluation carried out by the service provider 3E has shown that currently all products from Würth (Würth Line) within the scope of the PIC regulation fall under Annex I Part 1 of the regulation.
These products are subject to the export notification obligation (obligation to notify) according to Art. 8 Para. 1 of the PIC Regulation.
According to this, an official export notification/message has to be issued via the so-called ePIC portal of the European Chemicals Agency ECHA 35 days before the first export of a chemical in a specific country in the respective calendar year, regardless of the intended use of the chemical. The notification does not have to be carried out for each individual export, one notification per substance per recipient country 35 days before the first export in the direction of the recipient country in the calendar year is sufficient.
Art. 10 Paragraph 1 lit. b) PIC-VO further determines that in the first quarter of each year the competent authority must be informed about the export transactions of the past year. Therefore, information about the previous year must also be submitted via the ePIC portal by 31 March:
- the total amount of chemicals (substance, not product)
- per recipient country
- a list of the names and addresses of all importers
New products must be subjected to monitoring. This means that when a new product containing a substance from the Annex of the PIC Regulation must first be blocked for export, and that consequently the necessary data for the export notification (recipient country, substance used for CLP classification and labelling of the product, concentration) must be determined. Section 15 of the respective safety data sheet shows that a product falls under the PIC regulation.
Annex I Part 2 and Part 3, Annex V
In the event that products contain substances from Annex I Part 2 or 3, further specifications must be taken into account. In particular, approval from the recipient country may then be required before export.