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Regulation on the Export and Import of Certain Harmful Chemicals: Scope and Obligations
4 December 2024 /Annex-6 chemicals, SDS, Safety Data Sheet, export notification system, human health harm, persistent organic pollutants, chemical packaging, chemical notification, chemical labeling, chemical export, chemical import, chemical regulations, chemical regulation, restricted chemicals, PRC procedure, admission with prior notification, PIC Regulation, Rotterdam Convention, dangerous chemicals, international trade, banned chemicals, annual reporting
Purpose of the Rotterdam Convention and Regulation
Turkey has become a party to the **“Rotterdam Convention on Acceptance Procedure with Prior Notification in International Trade in Certain Hazardous Chemicals and Pesticides”**. In this context, the contract aims to protect the environment and human health. Therefore, certain notification rules have been introduced for the export of prohibited or restricted chemicals. In addition, the European Union has adapted this agreement with the 649/2012/EU Regulation on Export and Import of Harmful Chemicals.
Türkiye introduced the Regulation on the Export and Import of Certain Hazardous Chemicals to implement the Rotterdam Convention effectively. This regulation was published on 28 January 2023 in the Official Gazette No 32087. It aims to protect human health and the environment. It also promotes environmentally sound use of chemicals and information sharing.
Duties and Responsibilities of the Ministry
The Ministry is given the following duties within the scope of the Regulation:
- Control and Transmission of Export Notifications:
- Checking the compliance of notifications.
- Sending export notifications to relevant countries.
- Responding to incoming notifications and open approval requests.
- ÖBK Transactions:
- To notify the import decisions of chemicals subject to the PPA (Pre-Notified Acceptance) procedure.
- To forward regulatory notifications regarding prohibited chemicals to the Secretariat.
- Digital System:
- Prepare the software system for notifications.
- Creating guidance documents.
Obligations of Exporters
The main obligations imposed on exporters are:
- Export Declaration:
- To notify the Ministry before the export date.
- Regulatory Compliance of Chemicals:
- To export Annex-2 chemicals in accordance with the importing country's decisions.
- Not to export Annex-6 chemicals (Persistent Organic Pollutants).
- Labeling and Packaging:
- Properly label and package chemicals.
- To provide Safety Data Sheets (SDS).
- Annual Reporting:
- To report the quantities exported by March 31 of each year.
- Providing Additional Information:
- To provide additional information in line with the requests of the Ministry.
The Rotterdam Convention and the Objectives of the Regulation
The Regulation regulates international trade in hazardous chemicals. Therefore, the aim is to protect human health and the environment from possible harm. In addition, facilitating the exchange of information and increasing cooperation between the party countries are also among the goals.
Digital System and Reporting
The Ministry will develop a digital system to facilitate export and import notifications. This system will make annual reporting more efficient. As a result, human errors will be reduced and more accurate data will be provided.
Companies must report their import and export amounts to the Ministry in the first quarter of each year. Apart from this, the Ministry will publish a list of exported chemicals and importing countries. This list will be publicly accessible.
Result
“Regulation on the Export and Import of Certain Harmful Chemicals” has been prepared to comply with the Rotterdam Convention. The Regulation provides a regulatory framework for chemical trade in line with the objectives of protecting the environment and human health. In this regard, it is of great importance that companies comply with the provisions of the regulation and complete their legal processes completely.
Pre-Export Control Point for Harmful Chemicals
If the notification period is missed for products on the Harmful Chemicals list, the shipment stops. The most effective measure is to move the control to the order confirmation stage and place a scope mark on the product card. Since the consent status of recipient countries for Harmful Chemicals may change over time, the current status should also be verified before each shipment.
Related pages
Official full text of the regulation: KKDIK Regulation - Official Gazette.