Export of Substances on the Export Control List Regulations

Marginal note:Substances subject to prior informed consent procedure

• 12 (1) Subject to section 16, in the case of the export of a substance subject to the prior informed consent procedure that is specified in Part 1 of the Export Control List and destined for destruction or a substance subject to the prior informed consent procedure that is specified in Part 2 or 3 of the Export Control List, the Minister must issue an export permit if

  • (a) the permit application is received before the Rotterdam Secretariat has first informed the Rotterdam Parties through the PIC Circular of the country of destination’s response with respect to the import of the substance or of its failure to transmit that response;

  • (b) the permit application is received after the Rotterdam Secretariat has first informed the Rotterdam Parties through the PIC Circular that the country of destination has given consent to the import of the substance; or

  • (c) the permit application is received after the Rotterdam Secretariat has first informed the Rotterdam Parties through the PIC Circular that the country of destination has failed to transmit a response with respect to the import of the substance and

    • (i) the permit application is received before the end of the six-month period that begins on the date of publication of that PIC Circular,

    • (ii) the permit application is received after the end of the 18-month period that begins on the date of publication of that PIC Circular,

    • (iii) no regulatory action has been taken by the country of destination to prohibit the use of the substance and the substance has been used in or imported into the country of destination in the last 10 years, or

    • (iv) the designated national authority of the country of destination has given written consent to the import of the substance.

• Marginal note:Conditions of import

  (2) An export permit issued under subsection (1) must specify the conditions of import imposed by the country of destination as set out in the PIC Circular or as may be specified in the designated national authority’s written consent, if applicable.