(Consultation procedure - codecision procedure: first reading 2002/0026(COD))

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2001) 803(1)),

–   having been consulted by the Council pursuant to Article 133 of the EC Treaty (C5&nbhy;0320/2002),

–   having regard to Council letters of 23 May 2002 and 4 July 2002 on the proposed change of the legal basis and its procedural implications,

–   having regard to Rule 67 of its Rules of Procedure,

–   having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the proposed legal basis,

–   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5&nbhy;0291/2002),

1.  Approves the Commission proposal as amended;

2.  Calls on the Council and the Commission to consider this position as its first reading under the codecision procedure pursuant to the amended legal basis;

3.  Instructs its President to forward its position to the Council and Commission.

(1) OJ C 126 E, 28.5.2002, p. 291.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the Economic and Social Committee(2),

Having regard to the opinion of the Committee of the Regions(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),

Whereas,

(1)  Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals(5) establishes inter alia a common system of notification and information for exports to third countries of chemicals which are banned or severely restricted in the Community on account of their effects on human health and the environment. The Regulation applies on a mandatory basis the international "prior informed consent" (PIC) procedure under the non-binding provisions of the London Guidelines for the Exchange of Information on Chemicals in International Trade (London Guidelines) of the United Nations Environment Programme (UNEP), as amended in 1989, and under the International Code of Conduct on the Distribution and Use of Pesticides, as amended in 1990, of the Food and Agriculture Organisation (FAO).

(2)  On 10 September 1998, the Community signed the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade (the PIC Convention). At the same time, a Resolution on interim arrangements laid down in the Final Act of the Diplomatic Conference was adopted, setting up an interim PIC procedure based on the Convention text.

(3)  It is appropriate that the Community should act to implement the rules of the Convention, including, until such time as it enters into force, the interim PIC procedure, without in any way weakening the level of protection afforded to the environment and the general public of importing countries under Regulation (EEC) No 2455/92.

(4)  With the same objective in mind, it is also necessary and appropriate to go further than the provisions of the Convention in certain respects. Article 15(4) of the Convention allows Parties the right to take action that is more stringently protective of human health and the environment than that called for in the Convention, provided that such action is consistent with the provisions of the Convention and is in accordance with international law.

(5)  As regards the participation of the Community in the Convention, it is essential to have a single contact point for Community interaction with the Secretariat and other Parties to the Convention as well as with other countries. The Commission should act as this contact point.

(6)  Exports of dangerous chemicals that are banned or severely restricted within the Community should continue to be subject to a common export notification procedure. Accordingly, dangerous chemicals, whether in the form of a substance by itself or in a preparation, which have been banned or severely restricted by the Community as plant protection products, as other forms of pesticides, or as industrial chemicals for use by professional users or by the public, should be subject to similar export notification rules to those applicable to such chemicals when they are banned or severely restricted within one or more of the use categories laid down in the Convention,namely as pesticides or chemicals for industrial use. In addition, chemicals subject to the international PIC procedure should also be subject to the same rules. This export notification procedure should apply to Community exports to all third countries, whether or not they are Parties to the Convention or participate in its provisions. Member States should be permitted to charge administrative fees, in order to cover their costs in carrying out this procedure.

(7)  Exporters and importers should be obliged to provide information about the quantities of chemicals in international trade covered by this Regulation in order that the impact and effectiveness of the arrangements laid down therein can be monitored and assessed.

(8)  Notifications to the Secretariat of the Convention of Community or Member State regulatory actions banning or severely restricting chemicals, with a view to their inclusion in the international PIC procedure, should be submitted by the Commission and should relate to those cases meeting the criteria laid down in the Convention in this regard. Additional information to support such notifications should be sought where necessary.

(9)  In cases where Community or Member State regulatory actions do not qualify for notification because they do not meet the criteria, information about the actions should nevertheless be conveyed to the Convention Secretariat and other Parties to the Convention in the interests of information exchange.

(10)  It is also necessary to ensure that the Community takes decisions with regard to the import into the Community of chemicals that are subject to the international PIC procedure. These decisions should be based on applicable Community legislation and take into account bans or severe restrictions by Member States. Where justified, modifications of Community legislation should be prepared.

(11)  Arrangements are needed to ensure that Member States and exporters are aware of the decisions of importing countries as regards chemicals that are subject to the international PIC procedure, and that exporters comply with these decisions. Furthermore, in order to prevent undesired exports, for example because of failures by importing countries to provide such import decisions or to react to export notifications, no chemicals banned or severely restricted within the Community that meet the Convention criteria or that are covered under the international PIC procedure should be exported without the explicit consent of the importing country concerned, whether or not that country is a party to the Convention.

(12)  It is also important that all exported chemicals have an adequate shelf-life so that they may be used effectively and safely. In particular as regards pesticides, and especially those exported to developing countries, it is essential that information about appropriate storage conditions is provided and that suitable packaging and sizes of containers are used to avoid creating obsolete stocks.

(13)  Articles containing chemicals are not within the scope of the Convention. Nevertheless, it seems appropriate that articles containing chemicals that could be released under conditions of use or disposal and that are banned or severely restricted in the Community within one or more of the use categories laid down in the Convention or are subject to the international PIC procedure should also be subject to the export notification rules. Furthermore, certain chemicals and articles containing specific chemicals falling outside the scope of the Convention but giving rise to particular concern should not be exported at all. Decisions as to which chemicals should be subject to such a strict control should be decided by the Council by a qualified majority.

(14)  In accordance with the Convention, information on transit movements of chemicals subject to the international PIC procedure should be provided to Parties to the Convention requesting such information.

(15)  Community rules on packaging and labelling and other safety information should apply to all dangerous chemicals when intended for export to all other countries unless these provisions would conflict with any specific requirements of those countries taking into account relevant international standards.

(16)  In order to ensure effective control and enforcement of the rules, the Member States should designate authorities such as customs authorities that shall have the responsibility of controlling imports and exports of chemicals covered by this Regulation. The Commission and the Member States have a key role to play and should act in a targeted and co-ordinated way. Member States should provide for appropriate sanctions in the event of infringements.

(17)  Information exchange, shared responsibility and co-operative efforts between the Community and its Member States and third countries should be promoted with a view to ensuring a sound management of chemicals, whether or not those third countries are Parties to the Convention. In particular, technical assistance to developing countries and countries with economies in transition should be provided directly by the Commission and the Member States, or indirectly via support for projects by non-governmental organisations (NGOs), especially assistance seeking to enable those countries to implement the Convention.

(18)  There should be regular monitoring of the operation of the procedures if they are to be effective. To this end, Member States should regularly submit reports to the Commission, which will in turn regularly report to the European Parliament and the Council.

(19)  Since the measures necessary for the implementation of this Regulation are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission,(6) they should be adopted by use of the advisory procedure provided for in Article 3 or the regulatory procedure provided for in Article 5 of that Decision, as appropriate.

(20)  In the light of the above, Regulation (EEC) No 2455/92 should be repealed and replaced,

HAVE ADOPTED THIS REGULATION:

Article 1

Objectives

1.  The objectives of this Regulation are:

They shall be achieved by facilitating information exchange about the characteristics of such chemicals, by providing for a decision-making process within the Community on their import and export and by disseminating decisions to Parties and other countries as appropriate.

2.  The objective of this Regulation is also to ensure that the provisions of Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(7), and Directive 1999/45/EC of the European Parliament and the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations(8) regarding the classification, packaging and labelling of chemicals dangerous to man or the environment when they are placed on the market in the European Community shall also apply to all such chemicals when they are exported from the Member States to other parties or other countries, unless these provisions would conflict with any specific requirements of those parties or other countries.

Article 2

Scope

1.  This Regulation applies to:

2.  This Regulation shall not apply to:

Article 3

Definitions

Article 4

Designated National Authorities

Each Member State shall designate the authority or authorities, hereinafter referred to as the "Designated National Authority" or "Designated National Authorities", to act for the performance of the administrative functions required by this Regulation.

It shall inform the Commission of such designation at the latest three months after the entry into force of this Regulation.

Article 5

Participation of the Community in the Convention

The participation of the Community in the Convention shall be a joint responsibility of the Commission and the Member States in particular for technical assistance, information exchange and matters relating to dispute settlement, participation in subsidiary bodies and voting.

As far as the participation of the Community in the Convention is concerned, for the administrative functions of the Convention with reference to the PIC procedure and the export notification, the Commission shall act as a common designated authority on behalf of all the Designated National Authorities in close co-operation and consultation with the Designated National Authorities of the Member States.

In particular, it shall be responsible for the transmission of Community export notifications to parties and other countries pursuant to Article 7, the submission to the Secretariat of notifications of relevant final regulatory actions pursuant to Article 10, the transmission of information about other final regulatory actions not qualifying for PIC notification in accordance with Article 11, as well as for receiving information from the Secretariat more generally. The Commission shall also provide the Secretariat with Community import responses for chemicals subject to the PIC procedure pursuant to Article 12.

In addition, the Commission shall co-ordinate the Community input on all technical issues related to the Convention, the preparation of the Conference of the Parties, the Chemical Review Committee and other subsidiary bodies. A network of Member State rapporteurs shall be established, as appropriate, to deal with the preparation of technical documents such as Decision Guidance Documents.

The Commission and the Member States shall take the necessary initiatives to ensure appropriate representation of the Community in the different bodies implementing the Convention.

Article 6

Chemicals subject to export notification, qualifying for PIC notification,

1.  and subject to the PIC procedure 1. The chemicals covered by the provisions of this Regulation relating to export notification, PIC notification and the PIC procedure respectively shall be as listed in Annex I.

2.  Chemicals in Annex I shall be assignable to one or more of three groups of chemicals, set out respectively as Parts 1, 2 and 3 of that Annex.

The chemicals listed in Part 1 shall be subject to export notification as laid down in Article 7, with detailed information on the identity of the substance, on the use category and/or sub-category subject to restriction, the type of restriction and, where appropriate, additional information, in particular on exemptions to requirements for export notification.

The chemicals listed in Part 2 shall, in addition to being subject to the export notification procedure under Article 7, qualify for the PIC notification procedure laid down in Article 10, with detailed information on the identity of the substance and on the use category.

The chemicals listed in Part 3 shall be subject to the PIC procedure with the use category and, where appropriate, additional information, in particular on any requirements for export notification.

3.  The lists shall be made available to the public by electronic means.

Article 7

Export Notifications forwarded to Parties and other countries

1.  When an exporter is due to export a chemical listed in Part 1 of Annex I from the Community to a party or other country for the first time following the date as of which it becomes subject to the provisions of this Regulation, the exporter shall notify the Designated National Authority of the Member State in which he is established, no later than 30 days before the export of the chemical is due to take place. Thereafter the exporter shall notify the first export of the chemical each calendar year to the Designated National Authority 15 days before the export of the chemical takes place. The notification shall comply with the requirements set out in Annex III.

The Designated National Authority shall check compliance of the information with Annex III and promptly forward the notification received from the exporter to the Commission.

The Commission shall take the necessary measures to ensure that the appropriate authorities of the importing party or other country receive notification at least 15 days prior to the first intended export of the chemical and thereafter before the first export of the chemical in any subsequent calendar year. This shall apply regardless of the expected use of the chemical in the importing party or other country.

Each export notification shall be registered in a database at the Commission and an updated list of the chemicals concerned and the importing Parties and other countries for each calendar year shall be kept available to the public, and distributed to the Designated National Authorities of the Member States as appropriate.

2.  If the Commission does not receive from the importing party or other country an acknowledgement of receipt of the first export notification made after the chemical is included in Part 1 of Annex I within 30 days of the dispatch of the notification, it shall submit a second notification. The Commission shall make reasonable efforts to ensure that the appropriate authority in the importing party or other country receives the second notification.

3.  A new export notification according to paragraph 1 shall be given for exports which take place subsequent to changes to Community legislation concerning the marketing, use or labelling of substances in question or whenever the composition of the preparation in question changes so that the labelling of such preparation is altered. The new notification shall comply with the requirements set out in Annex III and shall indicate that it is a revision of a previous notification.

4.  Where the export of a chemical relates to an emergency situation in which any delay may endanger public health or the environment in the importing party or other country, the provisions referred to above may be waived wholly or partly at the discretion of the Designated National Authority of the exporting Member State, in consultation with the Commission.

5.  The obligations set out in paragraphs 1, 2 and 3 shall cease when:

That rule shall not apply where the importing country being party to the Convention explicitly requires continued export notification by exporting Parties, for example through its import decision or otherwise.

6.  The Commission, the relevant Designated National Authorities of the Member States and the exporters shall provide importing Parties and other countries with available additional information on the exported chemicals, when requested.

7.  Member States may establish systems obliging the exporter to pay an administrative fee for each export notification made, corresponding to their costs in carrying out the procedures associated with the provisions of this Article.

Article 8

Export Notifications received from Parties and other countries

1.  Export notifications received by the Commission from the Designated National Authority of a party or another country concerning the export to the Community of a chemical the manufacture, use, handling, consumption, transport and/or sale of which is subject to prohibition or severe restriction under that party's or other country's legislation shall be made available by electronic means through the database maintained by the Commission.

The Commission shall acknowledge receipt of the first export notification received for each chemical from each party or other country.

The Designated National Authority of the Member State receiving that import shall receive a copy of any notification received together with all available information. Other Member States shall be entitled to receive copies on request.

2.  Should the Designated National Authorities of the Member States receive any export notifications either directly or indirectly from the Designated National Authorities of Parties or relevant authorities of other countries, they shall forthwith forward these notifications to the Commission together with all available information.

Article 9

Information on trade in chemicals

1.  Each exporter of a chemical listed in Annex I shall, during the first quarter each year, inform the Designated National Authority of its Member State on the quantity of the chemical (as a substance and as contained in preparations) shipped to each party or other country during the preceding year. This information shall be given together with a list of the names and addresses of each importer to which shipment took place during the same time period.

Each importer within the Community shall provide the same information for the quantities imported into Community.

2.  Upon request from the Commission or the Designated National Authority, the exporter or importer shall provide any additional information related to chemicals that is necessary to implement this Regulation.

3.  Each Member State shall provide the Commission with aggregated information in accordance with Annex IV each year. The Commission shall summarise this information at Community level and shall make the non-confidential information publicly available on its database/internet.

Article 10

Participation in the notification of banned or severely restricted chemicals

1.  under the Convention1. Unless it has already done so prior to the entry into force of this Regulation, the Commission shall notify the Secretariat in writing of the chemicals that qualify for PIC notification.

2.  As and when further chemicals qualify for PIC notification and are added to Part 2 of Annex I, the Commission shall notify the Secretariat. The notification shall be submitted as soon as possible after adoption of the relevant final Community regulatory action banning or severely restricting the chemical, and no later than ninety days after the date on which the final regulatory action has to be applied.

It shall provide all relevant information as required in Annex II.

3.  In determining priorities for notifications, the Commission shall take into account whether the chemical is already listed in Part 3 of Annex I, to what extent the information requirements laid down in Annex II can be met, and the severity of the risks presented by the chemical, in particular for developing countries.

When a chemical qualifies for PIC notification, but the information is insufficient to meet the requirements of Annex II, identified exporters and/or importers shall, upon request by the Commission, provide all relevant information available to them, including that from other national or international chemical control programmes.

4.  The Commission shall notify the Secretariat in writing when a final regulatory action notified under paragraphs 1 or 2 is modified as soon as possible after adoption of the new final regulatory action, and no later than 60 days after the date on which the new final regulatory action has to be applied.

It shall provide all relevant information that was not available at the time when the initial notification was made under paragraphs 1 or 2 respectively.

5.  Upon request from any party or from the Secretariat, the Commission shall provide additional information on the chemical or on the regulatory action, as far as practicable. The Member States shall, upon request, assist the Commission as necessary in compiling the information.

6.  The Commission shall forward forthwith to the Member States information that it receives from the Secretariat regarding chemicals notified as banned or severely restricted by other Parties.

The Commission shall evaluate, in close co-operation with the Member States, the need to propose measures at Community level in order to prevent any unacceptable risks for human health and the environment within the Community.

7.  In cases where a Member State takes national regulatory action in accordance with the relevant EC legislation to ban or severely restrict a chemical, it shall provide the Commission with relevant information. The Commission shall make this information available to the Member States.

Article 11

Information to be transmitted to the Secretariat about banned or severely restricted chemicals not qualifying for PIC notification

When a chemical is listed only in Part 1 of Annex I or following a request by a Member State pursuant to Article 10(7), second subparagraph, second indent, the Commission shall provide the Secretariat with information about the relevant regulatory actions, so that this information can be disseminated to other Parties to the Convention as appropriate.

Article 12

Obligations in relation to imports of chemicals

1.  The Commission shall forward forthwith to the Member States Decision Guidance Documents which it receives from the Secretariat. The Commission shall take an import decision, in the form of a final or interim import response on behalf of the Community, concerning the future importation into the Community of the chemical concerned: it shall do so in accordance with existing Community legislation and the procedure referred to in Article 24(2). It shall then communicate the decision to the Secretariat as soon as possible, and no later than nine months after the date of dispatch of the Decision Guidance Document by the Secretariat.

If any chemical is subject to additional or modified restrictions under Community legislation, the Commission shall revise the import decision in accordance with the same procedure and communicate it to the Secretariat.

In the case of a chemical that is banned or severely restricted by legislation in one or more Member States, the Commission shall, at the written request of the Member State(s) concerned, take that information into account in its import decision.

2.  An import decision under paragraph 1 shall relate to the category or categories specified for the chemical in the Decision Guidance Document.

3.  When communicating the import decision to the Secretariat, the Commission shall provide a description of the legislative or administrative measure upon which it is based.

4.  Each Designated National Authority within the Community shall make the import decisions under paragraph 1 available to those concerned within its competence, in accordance with its legislative or administrative measures.

5.  Where appropriate, the Commission shall evaluate, in close co-operation with the Member States, the need to propose measures at Community level in order to prevent any unacceptable risks for human health and the environment within the Community, taking into account the information contained in the Decision Guidance Document.

Article 13

Obligations in relation to exports of chemicals other than export notification requirements

1.  The Commission shall forward forthwith to the Member States and European industry associations, information which it receives, whether in the form of circulars or otherwise, from the Secretariat regarding chemicals subject to the PIC procedure and the decisions of importing Parties regarding import conditions on these chemicals. It shall also forward forthwith to the Member States information on any cases of failure to transmit a response. The Commission shall keep all information regarding import decisions available in its database, which will be publicly available on the internet, and provide anyone with the information upon request.

2.  For each chemical listed in Annex I the Commission shall assign a classification in the European Community's Combined Nomenclature. These classifications shall be revised as necessary in the light of any changes effected by the World Customs Organisation to the Harmonised System nomenclature for the chemicals concerned.

3.  Each Member State shall communicate the responses forwarded by the Commission under paragraph 1 to those concerned within its jurisdiction.

4.  Exporters shall comply with decisions in each import response no later than six months after the Secretariat has first informed the Commission of such response under paragraph 1.

5.  The Commission and the Member States shall advise and assist importing Parties, upon request and as appropriate, to obtain further information to help them to make a response to the Secretariat concerning importation of a given chemical.

6.  No chemicals listed in Parts 2 or 3 of Annex I shall be exported unless:

7.  No chemical shall be exported later than six months before the expiry date, when such a date exists or can be inferred from the production date, unless the intrinsic properties of the chemical render this impracticable. In particular, in the case of pesticides exporters shall ensure that the size and packaging of pesticide containers is optimised so as to minimise the risks of creating obsolete stocks.

8.  When exporting pesticides, exporters shall ensure that the label contains specific information about storage conditions and storage stability under the climatic conditions of the importing party or other country. In addition, they shall ensure that the exported pesticides comply with the purity specification established by Community legislation.

Article 14

Controls on export of certain chemicals and articles containing chemicals

1.  Articles containing chemicals listed in Parts 2 or 3 of Annex I in unreacted form shall be subject to the export notification procedure laid down in Article 7.

2.  Chemicals and articles the use of which is prohibited in the Community for the protection of human health or the environment, as listed in Annex V, shall not be exported.

Article 15

Information on transit movements

1.  Parties to the Convention requiring information on transit movements of chemicals subject to the PIC procedure together with the information required for each party to the Convention having expressed such need through the Secretariat shall be as listed in Annex VI.

2.  When a chemical listed in Part 3 of Annex I is transported through the territory of a party to the Convention listed in Annex VI, the exporter shall, as far as practicable, provide the Designated National Authority of the Member State in which he is established with the information required by the party to the Convention in accordance with Annex VI 30 days before the first transit takes place and 8 days before each subsequent transit movement.

3.  The Designated National Authority of the Member State shall forward to the Commission the information received from the exporter under paragraph 2 together with any available additional information.

4.  The Commission shall forward the information received under paragraph 3 to the Designated National Authorities of Parties to the Convention which requested such information, together with any available additional information, 15 days before first transit movement and prior to any subsequent transit movement.

Article 16

Information to accompany exported chemicals

1.  Chemicals that are intended for export shall be subject to the measures on packaging and labelling established in, or pursuant to, Directive 67/548/EEC, Directive 1999/45/EC, Directive 91/414/EEC and Directive 98/8/EC, or any other specific Community legislation. This obligation shall be without prejudice to any specific requirements of the importing party or other country taking into account relevant international standards.

2.  Where appropriate, the expiry date and the production date of chemicals referred to in paragraph 1 or listed in Annex I shall be indicated on the label, and if necessary such expiry dates shall be given for different climate zones.

3.  A safety data sheet in accordance with Commission Directive 91/155/EEC of 5 March 1991 defining and laying down the detailed arrangements for the system of specific information relating to dangerous preparations in implementation of Article 10 of Council Directive 88/379/EEC(21) shall accompany chemicals referred to in paragraph 1, when exported. The exporter shall send such a safety data sheet to each importer.

4.  The information on the label and on the safety data sheet shall as far as practicable be given in the official language(s), or in one or more of the principal languages, of the country of destination or of the area of intended use.

Article 17

Obligations of the authorities of the Member States for controlling import and export

Each Member State shall designate authorities such as customs authorities that shall have the responsibility of controlling the import and export of chemicals listed in Annex I.

The Commission and the Member States shall act in a targeted and co-ordinated way in controlling compliance of exporters with this Regulation.

Each Member State shall, in its regular reports on the operation of procedures pursuant to Article 21(1), include details of the activities of its authorities in this regard.

Article 18

Penalties

Member States shall determine the penalties applicable to infringements of the provisions of this Regulation and take all necessary measures to ensure correct implementation of these provisions. The penalties must be effective, proportional and dissuasive. Member States shall notify these measures to the Commission not later than twelve months after the adoption of this Regulation and shall also notify any further modifications as soon as possible after their adoption.

Article 19

Information exchange

1.  The Commission and the Member States shall, as appropriate, facilitate the provision of scientific, technical, economic and legal information concerning chemicals subject to this Regulation, including toxicological, ecotoxicological and safety information.

2.  The Commission and the Member States shall protect any confidential information received from another party or another country as mutually agreed.

3.  As regards the transmission of information under this Regulation, and without prejudice to Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment(22), the following shall not be regarded as confidential:

A compilation of these activities shall be prepared regularly by the Commission on the basis of the contributions of Member States.

Article 20

Technical assistance

The Commission and the Designated National Authorities of the Member States shall, taking into account in particular the needs of developing countries and countries with economies in transition, co-operate in promoting technical assistance, including training, for the development of the infrastructure, the capacity and the expertise necessary to manage chemicals properly throughout their life cycle.

In particular, and with a view to enabling these countries to implement the Convention, technical assistance shall be promoted by providing technical information on chemicals, by promoting the exchange of experts, by giving support for the establishment or maintenance of Designated National Authorities, by providing technical expertise for the identification of hazardous pesticides formulations and for the preparation of notifications to the Secretariat.

The Commission and the Member States should actively participate in the Information Network on capacity building set up by the Intergovernmental Forum on Chemical Safety, by providing information on the projects they are supporting or financing to improve the management of chemicals in developing countries and countries with economies in transition.

The Commission and the Member States shall also consider giving support to Non-Governmental Organisations.

Article 21

Monitoring and Reporting

1.  Member States shall regularly forward to the Commission information on the operation of the procedures provided for in this Regulation, including the customs controls, infringements, penalties, and remedial action.

2.  The Commission shall regularly compile a report on the performance of the functions provided for in this Regulation for which it is responsible and shall integrate it in a synthesis report compiling the information provided by the Member States under paragraph 1. A summary of the report, which will be published on the internet, shall be forwarded to the European Parliament and the Council.

3.  As regards the information supplied pursuant to paragraphs 1 and 2, the Member States and the Commission shall comply with relevant obligations to protect the confidentiality of data and ownership.

Article 22

Updating Annexes

1.  The list of chemicals in Annex I shall be reviewed by the Commission at least every year, on the basis of developments under Community legislation and under the Convention.

2.  In determining whether a final regulatory action under Community legislation constitutes a ban or a severe restriction, the effect of the action shall be assessed at the level of the sub-categories within the categories "pesticides" and "industrial chemicals". If the regulatory action bans or severely restricts a chemical in any one of the sub-categories it shall be included in Part 1 of Annex I.

In determining whether a final regulatory action under Community legislation constitutes a ban or a severe restriction such that the chemical concerned qualifies for PIC notification under Article 10, the effect of the action shall be assessed at the level of the categories "pesticides" and "industrial chemicals". If the regulatory action bans or severely restricts the use of a chemical within either of the categories it shall also be included in Part 2 of Annex I.

3.  The Commission shall take a decision to include chemicals in Annex I, or to modify their entry where appropriate, without undue delay.

4.  Inclusion of a chemical in Parts 1 or 2 of Annex I pursuant to paragraph 2 following regulatory action under Community legislation shall be decided in accordance with the procedure referred to in Article 24(3).

5.  All other amendments to Annex I, including modifications to existing entries, and amendments to Annexes II, III, IV and VI, shall be adopted by the procedure referred to in Article 24(2).

Article 23

Technical notes for guidance

The Commission, in accordance with the procedure referred to in Article 24(2), shall draw up technical notes for guidance to facilitate the day-to-day application of this Regulation.

These technical notes shall be published in the "C" series of the Official Journal of the European Communities.

Article 24

Committee

1.  The Commission shall be assisted by the committee established by Article 29 of Directive 67/548/EEC.

2.  Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.  Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

Article 25

Repeal

Regulation (EEC) No 2455/92 is hereby repealed.

Article 26

Entry into force

This Regulation shall enter into force on [1 January 2003].

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ,

For the European Parliament For the Council

The President The President

(1) OJ C 126 E, 28.5.2002, p. 291. (2) OJ C (3) OJ C (4) Position of the European Parliament of 24 October 2002. (5) OJ L 251, 29.08.1992, p. 13. Regulation as last amended by Commission Regulation (EC) No 300/2002 (OJ L 52, 22.2.2002, p. 1). (6) OJ L 184, 17.7.1999, p. 23. (7) OJ 196, 16.8.1967, Special Edition Series I, Chapter 1967, p. 234. Directive as last amended by Commission Directive 2001/59/EC (OJ L 225, 21.8.2001, p. 1). (8) OJ L 200, 30.7.1999, p. 1. Directive as amended by Commission Directive 2001/60/EC (OJ L 226, 22.8.2001, p. 5). (9) OJ L 357, 20.12.1990, p. 1. Regulation as last amended by Commission Regulation (EC) No 1232/2002 (OJ L 180, 10.7.2002, p. 5). (10) OJ L 159, 29.6.1996, p. 1. (11) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32). (12) OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28). (13) OJ L 159, 30.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 880/2002 (OJ L 139, 29.5.2002, p. 7). (14) OJ L 186, 30.6.1989, p. 23. (15) OJ L 31, 1.2.2002, p. 1. (16) OJ L 106, 17.4.2001, p. 1. Directive as amended by Council Decision 2002/811/EC (OJ L 280, 18.10.2002, p. 27). (17) OJ L 311, 28.11.2001, p. 67. (18) OJ L 311, 28.11.2001, p. 1. (19) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2002/81/EC (OJ L 276, 12.10.2002, p. 28). (20) OJ L 123, 24.4.1998, p. 1. (21) OJ L 76, 22.3.1991, p. 35. Directive as last amended by Directive 2001/58/EC (OJ L 212, 7.8.2001, p. 24). (22) OJ L 158, 23.6.1990, p. 56.

PART 1: LIST OF CHEMICALS SUBJECT TO EXPORT NOTIFICATION PROCEDURE

(Article 7)

It should be noted that where chemicals listed in this part of the Annex are subject to the PIC procedure, the export notification obligations set out in paragraphs 1 to 3 of Article 7 shall not apply provided that the conditions laid down in subparagraphs (b) and (c) of paragraph 5 of the same Article have been fulfilled. Such chemicals, which are identified by the symbol # in the list below, are listed again in Part 3 of this Annex for ease of reference.

It should also be noted that where the chemicals listed in this part of the Annex qualify for PIC notification because of the nature of the Community's final regulatory action, these chemicals are also listed in Part 2 of this Annex. Such chemicals are identified by the symbol + in the list below.

________________________________________________________________________________________________________________

* Sub- Category: p(1) – pesticide in the group of plant protection products, p(2) – other pesticide including biocides. i(1) - industrial chemical for professional use and i(2) – industrial chemical for public use

** Use limitation: sr - severe restriction, b – ban (for the sub-category or sub-categories concerned) according to Community legislation

CAS = Chemical Abstracts Service

# Chemical subject or partially subject to the PIC procedure

+ Chemical qualifying for PIC notification

1 Except motor fuels subject to Directive 98/70/EC of the European Parliament and of the Council (OJ L 350, 28.12.1998, p. 58).

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PART 2: LIST OF CHEMICALS QUALIFYING FOR PIC NOTIFICATION

(Article 10)

This list comprises chemicals qualifying for PIC notification. It generally does not include chemicals that are already subject to the PIC procedure, which are listed in Part 3 of this Annex.

* Category: p – pesticide s. i - industrial chemical

** Use limitation: sr - severe restriction, b – ban (for the category or categories concerned)

CAS = Chemical Abstracts Service

# Chemical subject or partially subject to the international PIC procedure

PART 3: LIST OF CHEMICALS SUBJECT TO THE PIC PROCEDURE UNDER THE ROTTERDAM CONVENTION

(Articles 12 and 13)

(The categories shown are those referred to in the Convention)

* These substances are subject to an export ban in accordance with the provisions of Article 14(2) and Annex V.

NOTIFICATION OF A BANNED OR SEVERELY RESTRICTED CHEMICAL TO THE SECRETARIAT OF THE CONVENTION

Information requirements for notifications pursuant to Article 10.

Notifications shall include:

1.   properties, identification and uses

2.   final regulatory action

a)   information specific to the final regulatory action:

b)   category or categories where the final regulatory action has been taken, and for each category:

c)   an indication, to the extent possible, of the likely relevance of the final regulatory action to other States and regions;

d)   other relevant information that may cover: