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Technical expertise of industrial products controlled by the customs

 

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Waste and hazardous products

 

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The protection of the environment is ensured by the services of the State: on the one hand, pursuant to European regulations concerning chemicals, directly applicable in the Member States, members and replacing previous ineffective directives; and on the other hand, through the implementation of tax provisions aimed at reduce the production of waste and polluting emissions in the atmosphere.

  

 

The CIP procedure

 

 

International context (Rotterdam Convention)

The Rotterdam Convention on Prior Consent Procedure for Certain Products Hazardous chemicals and pesticides in trade signed on 11 September 1998 by the Community was implemented by Regulation No 689/2008 on import and export of dangerous goods

Principle of the CIP procedure

The Convention governs imports and exports of certain chemical products, and hazardous pesticides. The fundamental principle on which the The agreement is based on the prior informed consent of the cause (CIP procedure). For the purposes of the convention, this means a chemical covered by the Convention cannot be exported only with the prior consent of the importer. The Convention establishes a procedure for knowing and publicizing decisions of importing countries and thus implement the principle of of the CIP in international trade in chemicals. She contains provisions requiring detailed information for this decision to be made after the Have been acquainted with the properties and effects of the products particularly on human health and the environment.

 

Field IPC Implementation

The Convention applies to banned or severely restricted chemicals and extremely hazardous pesticide formulations. Currently, more of 30 chemicals are subject to the CIP procedure.

Nevertheless certain products are excluded from the scope, namely:

- narcotic drugs and psychotropic substances ;

- radioactive materials;

- waste;

- pharmaceuticals;

- chemical weapons;

- chemicals used as additives Food;

- food products;

- products imported in small quantities imported for research purposes or analysis, or by an individual for his or her personal use.

 

Imports of dangerous goods

Each The Party must specify whether or not it consents to the import of chemicals/pesticides into its territory Convention Hazards. It is possible not to allow importation only under certain specific conditions. Decisions are also accepted. Any Party that does not authorize the importation of a chemical or who accepts it only under the under certain conditions, must ensure that any importation of the produced regardless of the origin and production for domestic consumption are subject to the same conditions.

Exports of Dangerous Goods

Any Party of course, the exporter must respect the decisions of the other Parties relating to the authorization of the importation of produce. The export of a product is prohibited at destination a Party that has not provided a response or has not communicated than an interim response regarding the importation of this product. However, there are exceptions, e.g. the product may be exported if the importing Party has given its consent for the product in question. The exported product that is prohibited or strictly regulated by the provisions of the Convention must be accompanied by an export notification and the importing Party must also acknowledge receipt of the product. The Convention contains provisions relating to information to accompany chemicals such as menstruation regarding labelling.

Controls

In practice, if the is listed in Annex I to Regulation No 689/2008 on the export and import of chemicals hazardous, an active identification reference number must be mentioned in box 44 of the customs declaration (DAU). The Community Integrated Tariff (TARIC) recalls these obligations in the "Restrictions" section.

Customs offices can check the Status of the identification reference number in the EDEXIM (European Database Export Import of Dangerous Chemicals), take samples in accordance with the provisions of the paragraph R521-2 of the Environmental Code, and require the presentation of the required documents. Absence reference to this reference number in a hazardous product declaration is considered an import or export without a prohibited product declaration and may be sanctioned as a customs offence in accordance with the Provisions of Articles 38, 414 and 426-2 of the Customs Code, setting out In addition, the operator is subject to criminal penalties in accordance with the provisions of the paragraph R521-2-14 of the Environmental Code.

 

 

The Regulation REACH

 

 

Principle of the REACH Regulation

The Rules of Procedure 1907/2006 as amended, known as the REACH Regulation (Registration, Evaluation, and Authorisation of Chemical), aims to ensure a high level of protection of human health and the environment, including promotion of alternative methods for hazard assessment as well as the free movement of substances in the internal market while improving competitiveness and innovation. This text contains provisions relating to substances and preparations, as defined in Article 3. Those provisions shall apply to the manufacture, placing on the market or use of these substances, on their own or contained in preparations or articles and when placed on the preparation market. The REACH regulation is based on the principle of that it is the responsibility of manufacturers, importers and users downstream to ensure that manufactures, places on the market or uses substances that do not cause harm to human health, or the environment. Its provisions are based on the principle of precaution.

A period was implemented during the the entry into force of the Regulation on 1 June 2007; the First stage of this period ended on November 30, 2010 with :one Pre-registration of about 140 000 products published on the agency's website The European Union of Chemicals (ECHA) ; publication of a list of products exempt from the registration procedure (Annexes IV and V) ; the creation of a start of the list of persons subject to the authorisation procedure (Annex XIV); and the publication of a list of prohibited products (Annex XVII). The end of the transitional period and the application of the of the total provisions of the REACH Regulation is planned for the year 2018.

 

REACH Procedures

- Check-in is an administrative procedure for reporting to the Agency (ECHA), supported by a dossier

the content and complexity varies with the quantity and hazardousness of the substance concerned.

- Evaluation has several aspects: the evaluation of proposals testing by the Agency, the conformity assessment of

Files registration by the Agency and the evaluation of substances by the Member States (coordination by the Agency).

- Authorization relates to a specific use of one of the substances "prohibited" listed in Annex XIV

- The Restriction applies to each of the hazardous substances listed in the Annex XVII.

 

Controls of substances, mixtures & Dangerous Goods

Annex XIV of the The REACH Regulation is entitled "Substances subject to with authorisation"; and Annex XVII , as amended by Regulation 552/2009 'Restrictions on the manufacture, placing on the market and use of certain hazardous substances and certain mixtures and dangerous articles'.

Next Stage of the transitional period of application of the REACH Regulation is the mandatory registration, as of 1 December 2010, of any substance (not pre-registered), including production or import is greater than 1000 tons per year, in the form of product, mixture or item; or more than 100 tonnes per year in the case of a substance with risks to the environment (R50-R53 risks); or greater than 1 tonne per year in the case of a product that is hazardous to health (classified WRC 1 & 2).

Controls to test for the presence of non- registered or dangerous are therefore likely to to cover any goods released for consumption and likely to contain these substances, including imported goods.

Instructions have been issued to the administrations concerned by the circular of 30 March 2010 . The purpose of this circular is to continue the Inter-ministerial control actions Product Regulation Contact Information Chemical. It has instituted the realization of specific thematic controls from 1 December 2010. These are discussed in the attached fact sheets to this circular published on the website Ministry of Development Internet but these records are confidential. In With regard to the role of customs, this Circular states:

"With regard to the DGDDI, for the control of the flow of chemical substances and products that may contain import and export during trade with countries that are not members of the European Union, it implements the procedures and powers conferred on it by the Code of customs".

Indeed Having regard to the Articles 38, 414 and 426 of the Customs Code, the has the legal means to sanction, import or export without Authorisation of hazardous substances listed in Schedule XIV, the illegal import or export of prohibited substances under Annex XVII (or preparations containing these substances). However, the application of this REACH regulation requires the creation of appropriate cross-references in the TARIC sections, as well as the publication of statutory instruments at at the national level. According to the customs website, this is has been part of work in the working group of the next Customs-Business Forum.

 

 

The Regulation CLP

 

 

Principle of the CLP Regulation

The Regulation Doc. 1272/2008 on classification, labelling and packaging of substances and mixtures, known as the CLP Regulation (Classification, Labelling, Packaging) completes the regulation REACH. Its purpose is to ensure a high level of protection of human health and the environment, as well as the free movement of substances, mixtures and affected articles, by:

  • harmonizing criteria for the classification of substances and mixtures, as well as that the rules on the labelling and packaging of hazardous substances and mixtures;
  • farsighted the obligation to: manufacturers, importers and downstream users to classify substances and mixtures placed on the market; Suppliers labelling and packaging substances and mixtures placed on the market; manufacturers, producers of articles and importers to proceed with the classification of non- placed on the market which are subject to the obligation registration or notification under the Regulation 1907/2006 amended ;
  • farsighted Obligation for manufacturers and importers of substances notify the Agency of classifications and elements that has not been submitted to it as part of a Application for registration submitted in accordance with the Regulation 1907/2006 amended ;
  • establishing a List of substances with their classifications and elements harmonised labelling rules at Community level, in Annex VI, Part 3;
  • establishing an inventory of classifications and substance labelling, consisting of all notifications, Harmonised declarations, classifications and labelling elements referred to in points (c) and (d).

The CLP Regulation has been amended for the purpose of adapting it to technical and scientific progress, by Regulation No 790/2009, which contains Annex I a list of 2702 products an update to the List of substances concerned, with their classifications and elements harmonised labelling rules at Community level.

N.B. This list has been converted to a database of product data subject to labelling, to be more readable.

The Public C&L Inventory is a important data containing Classification Information and the labelling of notified substances available on the European market. She also provides a list of substances that have a classification and harmonised labelling in accordance with Annex VI to the CLP Regulation. This database contains classification and labelling information for registered and notified substances received from manufacturers and importers. It also includes the list of harmonized classifications. The database is regularly updated with new and updated notifications. However, updated notifications cannot be flagged specifically because similarly classified notifications are aggregated for display.

 

Having regard to the paragraph of the circular as indicated above, customs (and other relevant government departments) have begun to also on December 1, 2010.

  


The general tax on polluant activities (TGAP)

 

 

Principle of the TGAP

A general tax on (TGAP) is payable by natural persons or legal entities carrying out an activity concerning:

  • Installation disposal by storage or incineration of household and similar waste,
  • Installation disposal of special industrial waste by incineration, co-incineration, storage, physico-chemical treatment or not exclusively used for waste that the company producing or any person who transfers or makes Transferred
  • The transfer of waste to another State pursuant to Regulation (EC) No 1013/2006 of 14 June 2006;
  • Facilities incineration of household waste;
  • lubricants capable of producing waste oils;
  • oils and lubricating preparations, other than those referred to in (a), producing waste oils that are released into the natural environment is prohibited;
  • oils and Waste-to-use lubricating preparations, other than: oils for two-stroke engines, greases used in the open system, chainsaw oils and release oils / stripping;
  • Preparations for detergents, including auxiliary washing preparations, or fabric softeners or fabric softeners for laundry under headings 34022090, 34029090 and 38091010 to 38099100 of the customs tariff;
  • Materials of all origins naturally occurring under in the form of grains or obtained from crushed rock, or fractional, the largest dimension of which is less than or equal to 125 millimetres and whose characteristics and uses are set by decree;
  • releases to air from activities industrial industries which, by their nature or volume, are subject to risks specific to the environment;
  • Printed matter papers and papers for graphic use.

 

Exemptions from the TGAP

The following are exempt from the TGAP; up to a maximum of 20% of the total annual quantity of waste received by facility, receipt of materials or inert waste. Inert waste is considered to be waste that do not decompose, burn, or produce any other physical or chemical reactions, are not biodegradable, and do not damage other materials with which they come into use. contact, in a manner likely to result in pollution of the environment or harm human health.

 

Existing legislation on taxation Waste

- Articles 265 to 268 of the Customs Code on Legifrance (as of June 1, 2010): Taxes Internal

- Circular of 19 January 2010 published in the Bulletin Customs Official No. 6162 :Taxation Energy and Environment

- Circular of 6 April 2010 published in the Bulletin Customs Official No. 6277: Tax General Guidelines on Polluting Activities

Statement in Waste Customs

Declarations are annual. Failure to file a Reporting on the due date is sanctioned by the provisions of Article 410 of the Customs Code (fine of 300 to 3000 euros), or by those in the article 411.1 of the Customs Code if this omission has the purpose or effect of not paying the TGAP (fine of between one and two times the amount of the duties and taxes evaded or compromised).

 Page Updated March 2024

 

 

© Albert Castel April 2010