Explicit consent requirement
In addition to the notification requirement, the export of chemicals included in parts 2 and 3 of Annex I to the PIC Regulation are also subject to the existence of a valid explicit consent given by the designated national authority of the importing country outside the EU. A waiver might be granted only under exceptional circumstances.
For chemicals in part 3 of the Annex, this requirement does not apply when a positive import response is published in the PIC circular of the Rotterdam Convention, and certain criteria are met.
An explicit consent remains valid for subsequent exports during a period of three calendar years, unless otherwise specified in the conditions of the explicit consent itself. For those three years, any company in the EU may export the same chemical to the country that has granted the explicit consent, but still needs to meet the annual notification and reporting requirements.
ECHA will maintain a database of all existing and new notifications and explicit consent responses. The Agency will make them available to designated national authorities for consultation if the conditions of the consent are broad enough to be reused for a subsequent export.