The Official Journal of the European Union published in July 31st, the Regulation (EC) Nº 689/2008 of the Eropean Parliament and of the Council of June 17th, concerning the export and import of dangerous chemicals. This Regulation replaces Regulation (EC) Nº 304/2003, following the judgement of the Court of Justice of the European Communities of 10 January 2006 in Case C-178/03.

Regulation (EC) Nº 304/2003 of the European Parliament and of the Council of 28 January 2003 concerning the export and import of dangerous chemicals, implemented the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, which entered into force on 24 February 2004.

The judgement of the CJEC considered that the this Regulation was based solely on Article 175.1 of the Treaty, ruling that both Articles 133 and 175.1 were the appropriate legal bases. However, the Court agreed that the effects of the Regulation were to be maintained until the adoption, within a reasonable period, of a new Regulation founded on appropriate legal bases.

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. The Commission considers that it is necessary and appropriate, in order not to weaken the level of protection afforded to the environment and to the general public of importing countries to go further than the provisions of the Convention in certain respects.

The objectives of the Regulation are:

• To implement the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade.
• To promote shared responsibility and cooperative efforts in the international movement of hazardous chemicals in order to protect human health and the environment from potential harm.
• To contribute to the environmentally sound use of hazardous chemicals.

Those objectives should be achieved by facilitating the exchange of information concerning the characteristics of such chemicals, by providing for a decisionmaking process within the Community on their import and export and by disseminating decisions to Parties and other countries as appropriate.

The Regulation will therefore apply to certain hazardous chemicals that are subject to the Prior Informed Consent procedure under the Convention, (the PIC procedure), certain hazardous chemicals that are banned or severely restricted within the Community or a Member State, chemicals when exported in so far as their classification, packaging and labelling are concerned.

Each Member State will designate the authority or authorities, to carry out the administrative functions required by this Regulation. Unless it has already done so before the entry into force of this Regulation, Member States will have to inform the Commission of such designation by 1 November 2008.

The Regulation will enter into force August 1st.

The Community and the  Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade

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

With regard to the Community's participation in the Convention, 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 and in close cooperation and consultation with all the designated national authorities of the Member States.

The Commission will, in particular, be responsible for:

1. The transmission of Community export notificaions to Parties and other countries.
2. The submission to the Secretariat of the Convention of notifications of relevant final regulatory actions concerning chemicals qualifying for PIC notification.
3. The transmission of information concerning other final regulatory actions involving chemicals not qualifying for PIC notification.
4. The receiving of information from the Secretariat more generally.

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

Notifications to the Secretariat of the Convention of Community or Member State final 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.