Export regulations for plant protection products
Regulation of the export of certain plant protection products
The Chemicals Risk Reduction Ordinance (ChemRRV, SR 814.81) regulates the export of certain plant protection products in Annex 2.5 Number 4.
For the export of industrial chemicals and biocidal products containing substances listed in Annex 2.5 Number 4 ORRChem, which are not to be used as plant protection products, the provisions of the PIC Ordinance (ChemPICV, SR 814.82) apply. Further information is available on the following FOEN website:
1. Export ban
(Annex 2.5 Number 4.1 ORRChem)
It is prohibited to export the following active substances for plant protection products or preparations of plant protection products, that contain one or more of these substances, to another country:
- Atrazine (CAS RN 1912-24-9)
- Diafenthiuron (CAS RN 80060-09-9)
- Methidathion (CAS RN 950-37-8)
- Paraquat and its salts, including:
Paraquat dichloride (CAS RNs 1910-42-5, 75365-73-0) und Paraquat dimethylsulfate (CAS RN 2074-50-2)
- Profenofos (CAS RN 41198-08-7)
The transfer of one of the above-mentioned active substances for plant protection products or a plant protection preparation containing one or more of these active substances from an open customs warehouse, a warehouse for bulk goods or a duty-free warehouse to another country is prohibited as well.
2. export licence
(Annex 2.5 Number 4.2 ORRChem
An export licence from the FOEN is required for anyone wishing to export an active substance for a plant protection product or a plant protection preparation containing one or more of the active substances listed in Annex 2.5 Number 4.2.1 ORRChem.
The transfer of an active substance for a plant protection product mentioned above or a plant protection preparation containing one or more of such active substances from an open customs warehouse, a warehouse for bulk goods or a duty-free warehouse to another country requires an export licence as well.
3. Application for a licence for the export of a plant protection product
(Annex 2.5 Number 4.2.3 ORRChem)
An application must include:
- the applicant’s name and the address;
- the foreign importers’ names and addresses, sorted according to the recipient countries;
- the name of the substance as specified in Number 4.2.1, the preparation or the preparations that include such a substance and, if applicable, the name and contents of the substances in the preparations;
- the planned annual export volume of the substance or the preparations in kilogrammes per importer and import country;
- instructions on actions in the event of an accident, on measures for safe disposal and on other precautionary measures, in particular to reduce exposure and emissions;
- details of the uses envisaged;
- the safety data sheet or the safety data sheets according to Article 20 the Chemicals Ordinance (ChemO) of 5 June 2015;
- if the export is to be made to a country, which is not a party to the Rotterdam Convention (SR 0.916.21): a certificate confirming that the importing country consents to the import of the plant protection product.
If the plant protection product is to be exported to a country that is a party to the Rotterdam Convention, the FOEN requests the competent authority of the importing country for its consent to the import of the plant protection product.
The status of ratification of countries to the Rotterdam Convention can be consulted on the following website of the Convention Secretariat:
4. Issue of the export licence by the FOEN
(Annex 2.5 Number 4.2.2 and Number 4.2.4 ORRChem)
A prerequisite for the granting of an export licence by the FOEN is that the application documents (see section 3 above) are complete and correct in content and that a valid written consent has been obtained from the importing country, according to which it consents to the import of the plant protection product.
The FOEN issues the export licence within 30 days after having received all necessary documents.
An export licence is issued for a maximum period of 12 months and is limited to the end of each calendar year. A country-specific number is assigned to each export licence.
5. Obligations for the export
(Annex 2.5 Number 4.2.5 ORRChem)
In the customs declaration the person who is responsible for the declaration (declarant) must indicate:
- that the export of the plant protection product is subject to the export licence requirement; and
- the country-specific number of the export licence.
At the request of the customs office, the declarant must provide a copy of the export licence.
In the case of movement of a plant protection product from an open customs warehouse, a warehouse for bulk goods or a duty-free warehouse, the warehouse keeper or the depositor must note the country-specific number of the export licence in a stock record.
For the labelling and the safety data sheet, the provisions of Article 5(1) and (3) of the PIC Regulation apply (ChemPICV, SR 814.82).