The European Commission has released its latest synthesis report evaluating the implementation of Regulation (EU) No 649/2012 on the export and import of hazardous chemicals for the period 2020–2022. This regulatory update significantly affects exporters, importers, and compliance teams across the chemicals value chain by expanding the list of substances subject to prior informed consent (PIC) requirements and enhancing enforcement mechanisms across Member States.
Expanded Annex Listings Increase Compliance Complexity
The report highlights 48 new substances added to Annex I of the PIC Regulation, the majority of which are pesticides banned under the Plant Protection Products Regulation (PPPR). Notably, benzene as a constituent in other substances, as well as high-profile substances like PFOA, decaBDE, and cadmium compounds, have been brought under stricter export control. Many now require explicit consent from importing countries before shipment can proceed.
Additionally, several substances previously subject to notification-only requirements have now been reclassified to require explicit consent, increasing the administrative burden on exporters and national authorities alike.
Annex V Revisions Include Export Bans for POPs and Mercury-Added Products
Significant updates to Annex V include the outright export bans on chemicals such as dicofol, certain mercury compounds, and PFOS. These bans align with the EU’s obligations under the Stockholm Convention and its broader Chemical Strategy for Sustainability.
Increasing Exporter Responsibilities and Enforcement Pressure
Exporters are now facing greater scrutiny on compliance with labelling, safety data sheet (SDS) integrity, and correct categorisation under the CLP Regulation. The report identifies frequent issues in notification forms, particularly Section 6.2, which covers regulatory status and intended use in the EU and importing countries.
Non-compliance triggers resubmissions or outright rejections — a process streamlined through the ePIC system operated by the European Chemicals Agency (ECHA). Over the reporting period, more than 32,000 export notifications were processed, with 3,000 requiring resubmission and over 1,100 rejected either by Member States or the Agency.
Cross-sector Implications for Supply Chains and Risk Managers
These regulatory changes ripple across industrial sectors, especially where treated articles, complex mixtures, or seed treatments are involved. Manufacturers, downstream users, and customs professionals must be acutely aware of these updates to avoid trade disruptions and penalties.
Enhanced coordination between the Commission, ECHA, and national authorities has been praised, but resourcing remains uneven: some Member States dedicate fewer than 0.5 FTEs to PIC enforcement.
