The PIC Ordinance regulates the import and export of certain hazardous chemicals and pesticides.
The Ordinance on the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Chemicals in International Trade (ChemPICO) entered into force on 1 January 2005.
It regulates the import and export of certain hazardous chemicals, and implements the Rotterdam Convention on the Prior informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade: PIC
The following requirements apply to exporters and importers of industrial chemicals and pesticides that are cited in PIC Ordinance:
1. Export: restriction and export notification
Persons intending to export substances that are subject to the PIC procedure, or preparations that contain such substances, must comply with the import decisions of the respective countries. These substances are listed in Annex 2 of the PIC Ordinance. The import decisions are found on the internet site of the Rotterdam Convention.
Any persons intending to export substances that are subject to the PIC procedure (Annex 2), and/or substances that are banned or subject to severe restrictions in Switzerland for reasons of protection of human health and the environment (Annex 1), or any preparations that contain such substances, are required to submit an export notification to the FOEN for their first export in each calendar year and for each importing Party, by not later than 30 days prior to the date of the first export. The applicable substances are listed in Annex 1 or Annex 2 of the PIC Ordinance. The export of a substance of Annex 1 or a preparations containing such a substance does not require an export notification provided that the exported chemical is a plant protection product or one of its active ingredients and the chemical is not subject to the PIC procedure. Nevertheless, such an export necessitates a permit in accordance with Section 4.2 of Annex 2.5 of the Ordinance on the Reduction of Risks relating to the Use of Certain Particularly Dangerous Substances, Preparations and Articles (ORRChem).
The export notification procedure comprises the following steps:
- Completion of the export notification form by the exporter, taking account of the corresponding explanations.
- The form must be submitted to the FOEN (email@example.com) as a Word file, and the safety data sheet as a PDF, not later than 30 days before date of the first export.
- The FOEN checks that the submitted information is complete and finalizes the export notification. In the case of export notifications concerning substances and preparations that are subject to the PIC procedure (Annex 2), the FOEN verifies whether the planned export presumably complies with the importing response of the Party of destination.
- Within 15 days, the FOEN e-mails the code number of the export notification to the exporter that has to be indicated in the electronic customs declaration (cf. explanatory notes on export customs declarations of chemicals listed in Annex 1 or Annex 2).
- By not later than 15 days prior to the first export, the FOEN transmits the export notification for substances and preparations according to Annex 1 to the importing country.
2. Import: restriction
Persons intending to import substances that are subject to the PIC procedure (Annex 2), or preparations that contain such substances, must comply with the import decisions of Switzerland. In the customs declaration it must be indicated that the chemical is subject to the PIC Ordinance. Additionally, it is highly recommended to indicate in the customs declaration the intended use of the chemical (cf. explanatory notes on customs declarations of the Federal Customs Administration).
Most of the chemicals that are subject to the PIC procedure have specific first six digits of the eight-digit custom tariff numbers. The six digits are specific to the Rotterdam Convention and have been attributed by the World Customs Organization.
3. General obligations regarding the export of hazardous substances and preparations
The term “hazardous substances and preparations” refers to substances and preparations that meet the criteria for classification in terms of physical hazards to health, and environmental or other risks. The applicable criteria are listed in Annex 2, section 1, Chemicals Ordinance. Anyone who exports a hazardous substance or preparation is required to:
- Label the substance or preparation with at least the following information, taking account of the applicable international standards:
. Name of manufacturer
. Chemical name or brand name
. Description of risks for human beings and the environment, together with corresponding preventive measures
- Provide each recipient with a safety data sheet containing the most recently available information.
4. Informations on export notifications
During the first trimester of each year, the FOEN publishes on this internet site relevant information extracted from received and sent export notifications of the previous year.
The information is broken down by chemicals and Parties. In some cases, in order to ensure the anonymity of companies and the confidentiality of certain data, the information is less structured: the chemicals are aggregated and/or the importing Parties are grouped according to regions. Regarding the exports to Switzerland, all received export notifications are from EEA States.
Received export notifications
Sent export notifications
Last modification 13.01.2021