Retained EU Law SI 2012 United Kingdom

Assimilated Regulation (EU) No 649/2012 — GB Prior Informed Consent

Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (recast) (Text with EEA relevance)

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
HSE
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 1 of 22 obligations carry up to 2 years imprisonment. 21 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Trader9 Any Person2 Manufacturer2

Plus 9 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Any Person — also bound by 2340 other Acts
Manufacturer — also bound by 502 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.annex ii para.1 The following information is required pursuant to Article 8: Regulated
  • Provide information required under Article 8 to the HSETrader
s.art001 Objectives Regulated
  • Exporter must apply CLP classification, labelling and packaging to chemicalsTrader
s.art002 Scope Regulated
  • Obtain a special reference ID for small-scale chemical exportsTrader
s.art005 Participation of the United Kingdom in the Convention Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must send export notifications to other partiesCrown / Minister / Government department
s.art006 Tasks of the Designated National Authority Regulated
Other duties (1) — Crown / regulator
  • Designated National Authority must assist industry and inform the Secretary of StateStatutory regulator
s.art007 Chemicals subject to export notification, chemicals qualifying for PIC notification, ... chemicals subject to the PIC procedure , chemicals subject to Regulation (EC) No 850/2004, and chemicals already subject to an export ban Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must list chemicals subject to PIC, export and ban rulesCrown / Minister / Government department
s.art008 Export notifications forwarded to Parties and other countries Regulated
  • Notify HSE in advance of exporting regulated chemicalsTrader
s.art009 Export notifications received from Parties and other countries Regulated
Other duties (1) — Crown / regulator
  • Authority must acknowledge first export notificationStatutory regulator
s.art010 Information on export and import of chemicals Regulated
  • Report annual quantities of PIC‑listed chemicals to the DNAManufacturer
s.art011 Notification of banned or severely restricted chemicals under the Convention Regulated
  • Provide information on chemicals when requested by the DNAManufacturer
s.art012 Information to be transmitted to the Secretariat concerning banned or severely restricted chemicals not qualifying for PIC notification Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must send Part 1 chemical info to the SecretariatCrown / Minister / Government department
s.art013 Obligations in relation to import of chemicals Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must adopt and publish import decisions on chemicalsCrown / Minister / Government department
s.art014 Obligations in relation to export of chemicals other than export notification Regulated
  • Exporters must obtain explicit consent before exporting PIC‑listed chemicalsTrader
s.art015 Export of certain chemicals and articles Regulated
  • Exporters must notify HSE before exporting chemicals with listed substancesTrader
s.art016 Information on transit movements Regulated
  • Exporters must provide transit movement info to the D.N.A.Trader
s.art017 Information to accompany exported chemicals Regulated
  • Your business must label and ship chemicals with correct SDS and datesTrader
s.art018 Obligations of the Designated National Authority for controlling import and export Regulated
Other duties (1) — Crown / regulator
  • HSE must control import/export of listed chemicalsStatutory regulator
s.art019 Further obligations of exporters Regulated
  • Exporters must include reference IDs in export declarationsTrader
s.art020 Exchange of information Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must make chemical information availableCrown / Minister / Government department
s.art021 Technical assistance Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must promote technical assistance for chemicals managementCrown / Minister / Government department
s.art023 The consent requirement Regulated
  • Get Scottish or Welsh Minister consent for devolved functionsAny Person
s.art028 Penalties Imprisonment
  • Fail to comply with prior informed consent for chemicalsAny Person
14 other provisions — procedural and definitional
s.annex ii para.2 Identity of the substance to be exported: name in nomenclature...
s.annex vi para.1 Country Required information
s.art003 Definitions
s.art004 Designated national authorities of the Member States
s.art022 Monitoring and reporting
s.art023 Updating the GB PIC list
s.art023 Regulation making power
s.art024 The budget of the Agency
s.art025 Formats and software for submission of information to the Agency
s.art026 Exercise of the delegation
s.art027 Committee procedure
s.art029 Transitional period on the classification, labelling and packaging of chemicals
s.art030 Repeal
s.art031 Entry into force

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.