Regulation 1992/2455 - Export and import of certain dangerous chemicals - Main contents

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Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals

Official Journal L 251 , 29/08/1992 P. 0013 - 0022

Finnish special edition: Chapter 11 Volume 20 P. 0003

Swedish special edition: Chapter 11 Volume 20 P. 0003

COUNCIL REGULATION (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof,

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

Having regard to the opinion of the European Parliament(2) ,

Having regard to the opinion of the Economic and Social Committee(3) ,

Whereas Regulation (EEC) No 1734/88(4) concerns exports and imports of certain dangerous chemicals;

Whereas an amendment to Regulation (EEC) No 1734/88 is necessary to implement the 'prior informed consent' (PIC) procedure;

Whereas, on the occasion of this amendment, Regulation (EEC) No 1734/88 is to be replaced by this Regulation;

Whereas certain provisions of Community legislation, and in particular Directives 76/769/EEC(5) and 79/117/EEC(6) restrict the marketing and use of certain dangerous substances and preparations and prohibit the placing on the market and use of plant protection products containing certain active substances in the Member States; whereas these provisions do not apply to such products when intended for export to third countries;

Whereas Directive 67/548/EEC(7) specifies the requirements for packaging and labelling of dangerous chemicals when they are intended for export to third countries; whereas it is necessary to ensure that the rules applicable within the Community for the packaging and labelling of dangerous chemicals should apply to such chemicals when intended for export;

Whereas international trade in certain chemicals which are banned or severely restricted in countries of export has caused international concern on the grounds of the protection of man and the environment;

Whereas measures are necessary for the protection of man and the environment, in both the Community and third countries;

Whereas schemes for notification, information and PIC concerning international trade in such substances have been set up within the framework of international organizations, namely the Organization for Economic Cooperation and Development (OECD), the United Nations Environment Programme (UNEP) and the Food and Agriculture Organization (FAO);

Whereas the Community and its Member States have actively participated in the work of these and of other international organizations relating to banned and severely restricted substances; whereas it is appropriate that the Community acts upon the results of this work through uniform Community procedures;

Whereas the exports of chemicals to which this Regulation applies should be made subject to a common notification procedure which would permit the Community to notify third countries with regard to such exports;

Whereas it is necessary to inform all the Member States of notifications received from third countries with regard to imports of substances banned or severely restricted under the legislation of those countries;

Whereas the common notification procedures should also provide a basis for an appropriate exchange of information within the Community, including information on the implementation of the international notification scheme;

Whereas, to this end, the Commission will report to the European Parliament and the Council and at regular intervals, in particular on any possible reaction from the country of destination;

Whereas Resolution 88/C 170/1(8) invited the Commission to submit proposals for adapting Regulation No 1734/88 with a view to introducing a PIC scheme similar to that established by the UNEP and the FAO;

Whereas it is right that citizens of the...

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