7 December 2017

MEMORANDUM

For: Mr. Wilfredo C. Roldan

Executive Director

Subject: Notification on the Expert of Hazardous Chemicals from the

European Union (EU)-Regulation 649/2012

The afore-mentioned notification came from the European Chemical Agency (ECHA)
on behalf of the European Commission. The EU Export Notification and the Rotterdam
Twenty Notification are differentiated in the following:

A). EU Notification:
 Extends to exports to all countries.
 Scope is not limited to chemicals that are banned or severely restricted
under the Rotterdam Treaty, but includes chemicals on which restrictions
may alert other countries to EU exports so as to facilitate the safe handling of
these chemicals.
 The EU has subcategorized the use categories under the Treaty, i.e., a
chemical can be banned or severely restricted at a subcategory level like
household/consumer use but not for agricultural use sub category and still
trigger export notifications irrespective of the intended use and whether or
not the chemical is banned or severely restricted in the EU. This is because
EU cannot be guaranteed that the intended use declared in the export
notification will correspond to the final use in the importing country like the
Philippines.
 Requires explicit consent from importing countries which are parties to the
Rotterdam Treaty, for chemicals listed in Annex III of the latter. Under Article
II of the Treaty, exporting countries are to respect the import responses of
the importing parties, for chemicals listed in Annex III of the Treaty.
B). Rotterdam Treaty (PIC Procedures) Notifications:
 Scope covers chemicals listed in Annex III of the Treaty.
 Once listed in Annex III, the PIC Secretariat will officially inform Parties to
the Treaty and would require them to issue import responses, i.e. whether or
not to allow importation of such chemicals. This requirement would require
countries to evaluate the Decision Guidance Documents issued by the PIC
Secretariat as developed by the International Review Committee (IRC) of
experts and approval in the Conference Of the Parties. FPA has to bear in
mind that chemicals listed in Annex III of the Treaty are banned or severely
restricted for health and environmental reasons. In making such decision,
FPA may have to result to a regulatory review of the registration of the concerned
pesticide. Import Responses are to be submitted to the PIC Secretariat which
circularizes the same to all members.

The current EU Notification involves the Export of 60MT/year

Zineb 80% by Berris Agricultural Co, Inc. with the first export in March 2018, from
Zenith Crop Sciences Bulgaria Ltd, EU.

The action required by ECHA from FPA is to have the “Form for acknowledging
Receipt of Export Notifications”as attached, and send these to ECHA. This is just to
inform them that we had received the given notification. Acknowledgement of the
notification does not imply the acceptance of the import.
I, however, would like to recommend that the notifications and SDS for Zineb 80% be
referred to PRD for review. Ms. Carmona and I reviewed it and found some
discrepancies on the declarations on composition viz-a-viz the registered Zineb by
Berris. The actual manufacturer and formulator will, also, have to be reconciled as the
SDS in the notification mentioned Zenith Crop Science Bulgaria Ltd. and Agria S.A while
in the FPA Registration, Only Zenith... is declared.

Further, I, also recommend that PRD check Section 6.1 of the Notification Summary of
and reasons for the final regulatory action and date of entry into force, i.e., EC Decision
2001/245/EC of 22 March 2001 concerning the Non-Inclusion of Zineb in Annex 1, to
Council Directive 91/414/EEC and the Withdrawal of Authorizations for plant
protection products containing this active substance. This is to check whether the
concerns/issues which formed the bases for the decision are applicable in Philippine
setting.

Attached are copies of the notifications and the provided Safety Data Sheets (SDS) for
PRD’s review.

For information and appropriate action.

Thank you.

AIDA V. ORDAS