The Prior Informed Consent (PIC) regime in GB regulates the export and import of certain hazardous chemicals.
The Health and Safety Executive (HSE) is the PIC Designated National Authority (DNA) for Great Britain. HSE administers the GB PIC regime including the export notification system and providing information on GB PIC.
The GB PIC regime:
- applies to chemicals in the GB PIC list that are exported from GB including to European Union (EU) countries or moved from GB to Northern Ireland. The listed chemicals are those banned or severely restricted in GB. The PIC list also lists chemicals banned for export from GB
- does not apply to chemicals used in drugs, radioactive materials, wastes, chemical weapons, food and food additives, feeding stuffs and medicinal products
- places obligations on companies who wish to export or import listed chemicals from or to GB
- requires the explicit consent of the importing country before some listed chemicals can be exported. HSE, as the DNA, will seek the consent of the importing country on the exporter's behalf
- requires exporters and importers in the first quarter of each year to submit to the DNA details of the quantities of listed chemicals exported or imported during the preceding year
Windsor Framework
Under the Windsor Framework, the EU PIC Regulation continues to apply to Northern Ireland. If you're exporting PIC-listed chemicals from Northern Ireland or moving them to Great Britain you will need to comply with EU PIC.
You can find out more on the Health and Safety Executive for Northern Ireland website.
The Rotterdam Convention
The UK is a party to the international Rotterdam Convention on the PIC procedure for certain hazardous chemicals and pesticides in international trade.
The aims of the Rotterdam Convention are:
- to promote shared responsibility and cooperation in international trade of listed hazardous chemicals - through export notifications and the PIC procedure
- to protect human health and the environment by providing countries with information on how to store, transport, use and dispose of hazardous chemicals safely
The PIC Regulation implements the Rotterdam Convention in GB but goes further by applying the requirements to chemicals that are banned or severely restricted in GB, not just those listed in the convention.
You can find out more on the Rotterdam Convention website, including the latest PIC circular.
Enforcement and authorities
HSE is the enforcing authority for the GB PIC Regulation. HSE may also work with other authorities, including:
- UK Border Force to detain goods on import
- HM Revenue and Customs to access documentation and information relating to imports and exports
Enforcement of GB PIC is under the Health and Safety at Work etc Act 1974 by virtue of Regulation 19(1) of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (as amended by the Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (EU Exit) Regulations 2019 and 2020).
The Biocidal Products and Chemicals regulations define the application of the Act, including enforcement powers, offences, and enforcement responsibilities.
GB PIC-specific law
- Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (BPC Regs) originally written in the context of the UK as part of the EU
- Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) Amendment etc) (EU Exit) Regulations 2019 (CMGO Regs 2019) – amend the BPC Regs in the context of the UK not as part of the EU
- Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2020 (CGMO Regs 2020) amend the CGMO Regs 2019 in the context of the Northern Ireland Protocol and a GB only regime
These laws also define a number of offences and the powers that the enforcing authorities may use.