Unit ObjectivesUnit Objectives1. Explain the scope and intention of the
2. Acquire knowledge about the Prior Informed Consent or PIC procedure and information exchange
3. Locate the chemicals subject to the Prior Informed Consent (PIC) procedure
4. Determine the Role of Customs in implementing the Rotterdam
Scope of Rotterdam Convention
Prior Informed Consent ( PIC )
Role of Customs & Border Control
Status of RatificationStatus of Ratification
Entry into force: - 24 February 2004
Parties: 148 including All CARIFORUM countries are parties except Bahamas, Grenada, Haiti and St. Kitts/Nevis.
* Refer to document on Caribbean MEAs Ratification Status.
Scope of the ConventionScope of the ConventionThe Rotterdam Convention
applies to: Industrial chemicals and
pesticides that have been banned or severely restricted for human health or environmental concerns.
Severely hazardous pesticide formulations (SHPF) - causing problems under the conditions of use in developing countries or countries with economies in transition.
The Convention does not The Convention does not apply toapply to
• Narcotic drugs and psychotropic substances• Radioactive materials• Wastes• Chemical weapons• Pharmaceuticals, including human and
veterinary drugs• Chemicals used as food additives• Food• Chemicals in quantities not likely to affect
human health or the environment for the purpose of research or analysis or by an individual for personal use
Chemicals listed in Annex III of the Chemicals listed in Annex III of the ConventionConvention
Annex III of the Convention contains a list of chemicals which are subject to the Prior Informed Consent (PIC) procedure.
40 chemicals are currently included in Annex III, including (see www.pic.int):
25 pesticides4 severely hazardous
pesticide formulations11 industrial chemicals
Trade RegulationsTrade Regulations
The Rotterdam Convention contains two key provisions relevant to trade:
Prior Informed Consent (PIC) procedure : mechanism for providing a national decision-making process on import of hazardous chemicals listed in Annex III of the Convention and for ensuring compliance with these decisions by exporting Parties.
Information exchange : mechanism for the exchange of information among Parties on a broad range of potentially hazardous chemicals.
PIC ProcedurePIC Procedure
Decision guidance document on a chemical listed in Annex III is circulated to inform Parties (Article 10);
Decisions (“import responses”) made by Parties to allow, ban or restrict future imports of this chemical;
Exporters must comply with these import responses (Article 11);
Without an import response, export of a chemical is only allowed with explicit consent from the importing Party, or when the chemical is already registered or used in the importing Party (Article 11).
The PIC procedure does not provide for a global ban or restriction on chemicals. Instead it requires exporters to obtain the prior informed consent of the countries to which they wish to export before proceeding with trade.
Also requires labelling on potential health andenvironmental impacts of traded chemicals
PIC ProcedurePIC Procedure
Export notification required for banned or restricted chemicals to importing Party (Article 12);
Export of banned or restricted chemicals is subject to labelling and information on risks and hazards to human health and environment (Article 13);
Each Party facilitates exchange of scientific, technical, economic and legal information, including toxicological and safety information (Article 14).
PIC ProcedurePIC Procedure
Information ExchangeInformation Exchange
Information exchange applies to:
Industrial chemicals and pesticides that have been banned or severely restricted for human health or environmental concerns (incl. chemicals in Annex III);
Severely hazardous pesticide formulations causing problems under the conditions of use in developing countries and countries with economies in transition.
Implementation of the Implementation of the ConventionConvention
Each Party must designate a national authority as the contact point to ensure implementation at national and regional level.
The Convention establishes a Conference of the Parties which oversees the operation of the Convention, incl. the approval of amendments.
The Chemical Review Committee is responsible for analyzing and assessing chemicals.
The Secretariat (FAO & UNEP) is mainly responsible for coordination and administrative arrangements.
The key players in ensuring the implementation of the Convention are the Designated National Authorities and the Customs Officers.
• Verify if the chemical is listed under Annex III of the Convention;
• Check if the specific Harmonized System (HS) codes assigned to the chemical is included in the shipping documents;
• If the chemical is included in Annex III, check before exporting whether the importing country has made an import decision relating to the chemical in question (i.e., whether it has provided its prior informed consent to import), or not;
If the exported chemical is listed in Annex III or is prohibited or severely restricted in your country :
Does the chemical meet the labeling requirements for risks/hazards to human health and the environment?
For chemicals that are to be used for occupational purposes, ensure that the safety data sheet, following an internationally recognized format, setting out the most up-to-date information available, is sent to each importer.
Are any corresponding requirements under national legislation relevant to this chemical or group of chemicals?
In case of any doubts regarding the above, contact the DNA(s) for further information and clarification.
National Collaboration National Collaboration & Communication& Communication
Customs officers should contact DNAs when they have questions about the applicability of the Convention (see www.pic.int for list of DNAs and their contact details).
Good communication is essential between customs department, other regulatory agencies, border control agencies and DNAs.