DRAFT KINGDOM OF Belgium FEDERAL PUBLIC SERVICE Public Health, Food Chain Safety and the Environment Royal Decree prohibiting the export of certain hazardous substances to non-EU countries PHILIPPE, King of the Belgians, To all those present and to come, Greetings. Having regard to the Law of 21 December 1998 on product standards for the promotion of sustainable production and consumption patterns and the protection of the environment, health and workers, Article 5, §1(1)(8), as amended by the laws of 27 July 2011 and of 16 December 2015; Having regard to Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals; Having regard to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006; Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009, concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC; Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products; Having regard to the involvement of regional governments in the preparation of this Order, on …; Having regard to the opinion of the Federal Council for Sustainable Development issued on …; Having regard to the opinion of the High Council for Health issued on …; Having regard to the opinion of the Special Advisory Commission on Consumption issued on …; Having regard to the opinion of the Central Economic Council issued on …; Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services, Article 5, § 1(1); Having regard to notification No 2022/xxx/B addressed to the European Commission on xxx 2022; Having regard to the opinion of the Inspector of Finance issued on …; Having regard to the agreement of the Secretary of State for the Budget given on …; Having regard to the impact assessment of the regulation, conducted in accordance with Articles 6 and 7 of the Law of 15 December 2013, containing various provisions relating to administrative simplification; Having regard to opinion xx.xxx of the Council of State, issued on …, pursuant to Article 84, § 1(1)(2) of the laws on the Council of State, consolidated on 12 January 1973; On the proposal of the Minister of Public Health and the Minister of the Environment, We have decreed and hereby decree: Article 1. § 1. The purpose of this Decree is to: (1) ensure a high level of protection of human health and the environment. The provisions of this Decree are based on the precautionary principle; (2) implement Article 5, § 1(8) of the Law of 21 December 1998 on product standards for the promotion of sustainable production and consumption patterns and the protection of the environment, health and workers; (3) usefully supplement Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals. § 2. This Decree applies to certain hazardous substances listed in Annex I to Regulation (EU) No 649/2012 and meeting the conditions laid down in this Decree. Article 2. For the application of the present Decree, the following definitions apply: 1. ‘Law of 21 December 1998’: the Law of 21 December 1998 on product standards for the promotion of sustainable production and consumption patterns and the protection of the environment, health and workers; 2. ‘hazardous substances’: substances, alone or in mixtures, as defined in Article 2(7) of the Law of 21 December 1998; 3. ‘mixtures’: mixtures as defined in Article 2(6) of the Law of 21 December 1998; 4. ‘export’: the temporary or definitive export of a hazardous substance listed in Annex 1 and 3 to this Decree and originating in Belgium, and of a hazardous substance from third countries which is in free circulation in Belgium; 5. ‘the PIC Regulation’: Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals; 6. ‘the CLP Regulation’: Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006; 7. ‘the PPP Regulation’: Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC; 8. ‘the Biocidal Product Regulation’: Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products. Article 3. § 1. The hazardous substances listed in Annex 1 to this Decree are prohibited from export. § 2. The hazardous substances listed in Annex 3 to this Decree are prohibited from export unless one or more specific uses is or are authorised in the European Union and only for that purpose. Article 4. § 1. The Minister for Public Health and/or the Minister for the Environment may decide to include in Schedule 1 any hazardous substance when it meets the criteria referred to in § 2 of this article. § 2. In order to be included in Annex 1, the hazardous substance must meet the following criteria: 1. the hazardous substance is listed in Schedule I to the PIC Regulation; and 2. the placing on the market and/or use of the hazardous substance is subject to a total European ban or non-approval under the Plant Protection and Biocidal Product Regulations; and 3. the total ban or non-approval referred to in point 2 is based on a finding of a proven risk to health and/or the environment; or 4. the hazardous substance is classified in accordance with Annex VI to the CLP Regulation as a) carcinogenic or mutagenic or toxic to reproduction belonging to Category 1a (known), Category 1b (assumed) or Category 2 (suspected), or b) highly toxic to aquatic organisms with acute or long-term adverse effects belonging to Category 1. § 3. At the request of the Minister(s), the Administration shall submit a proposal to update Annex 1 containing the information referred to in Annex 2 at least every two years from the date of publication of this Decree. § 4. The prohibition referred to in Article 3, § 1, of this Decree shall apply to all substances listed in Annex 1 on the date fixed by the Minister(s) and at least 3 months after publication in the Belgian Official Gazette of the Ministerial Decree amending the list set out in Annex 1. Article 5. This Decree shall enter into force three months after its publication, except insofar as it concerns the substance marked with an asterisk (*) in the Annex to this Decree, for which it enters into force on 1 October 2023. Article 6. The Minister for Public Health and the Minister for the Environment shall be responsible, each as far as they are concerned, for the implementation of this Decree. Issued xxx, at By the King: The Minister for Public Health, F. VANDENBROUCKE The Minister for Climate, the Environment, Sustainable Development and the Green Deal, Z. KHATTABI

Seen to be annexed to our Decree Annex 1. List of hazardous substances prohibited for export (1) Acetochlor (2) Amitraz (3) Chlorothalonil (4) Chlorpropham (5) Desmedipham (6) Dichlorvos (7) Diquat dibromide (8) Ferbam (9) Fipronil (*) (10) Iprodione (11) Triclosan xxx, on By the King: The Minister for Public Health, F. VANDENBROUCKE The Minister for Climate, the Environment, Sustainable Development and the Green Deal, Z. KHATTABI

Seen to be annexed to our Decree Annex 2. Proposal to update Annex 1 (referred to in Article 4, § 3) The proposal to update Annex 1 shall contain the following information: 1. hazardous substances listed in Annex I to the PIC Regulations for which export during one of the last two calendar years can be attested; 2. the legal act or decision adopted at the European level stating that the hazardous substances are totally prohibited at the European level, or are not approved; 3. the classification, in accordance with Annex VI to CLP Regulation No 1272/2008, Classification, labelling and packaging of substances and mixtures to which hazardous substances are subject. xxx, on By the King: The Minister for Public Health, F. VANDENBROUCKE The Minister for Climate, the Environment, Sustainable Development and the Green Deal, Z. KHATTABI

Seen to be annexed to our Decree Annex 3. List of hazardous substances prohibited for export unless one or more specific uses is or are authorised at the European level and only for that purpose. (1) 1,3-dichloropropene (2) Carbendazim (3) Clothianidin (4) Flufenoxuron (5) Imidacloprid (6) Ethylene oxide (7) Permethrin (8) Quinoxyfen (9) Sodium Dimethylarsinate (10) Thiamethoxam (11) Thiram xxx, on By the King: The Minister for Public Health, F. VANDENBROUCKE The Minister for Climate, the Environment, Sustainable Development and the Green Deal, Z. KHATTABI
DRAFT
KINGDOM OF BELGIUM
FEDERAL PUBLIC SERVICE
PUBLIC HEALTH, FOOD CHAIN SAFETY AND THE ENVIRONMENT
Royal Decree prohibiting the export of certain hazardous substances to
non-EU countries
PHILIPPE, King of the Belgians,
To all those present and to come,
Greetings.
Having regard to the Law of 21 December 1998 on product standards for the promotion of
sustainable production and consumption patterns and the protection of the environment, health and
workers, Article 5, §1(1)(8), as amended by the Laws of 27 July 2011 and of 16 December 2015;
Having regard to the involvement of regional governments in the preparation of this Order, on 1
December 2022;
Having regard to the opinion of the Federal Council for Sustainable Development issued on 27
March 2023;
Having regard to the opinion of the High Council for Health issued on 5 April 2023;
Having regard to the opinion of the Special Advisory Commission on Consumption issued on 27
March 2023;
Having regard to the opinion of the Central Economic Council issued on 27 March 2023;
Having regard to Directive (EU) 2015/1535 of the European Parliament and of the Council of
9 September 2015 laying down a procedure for the provision of information in the field of technical
regulations and of rules on information society services, Article 5, § 1(1);
Having regard to notification No 2022/826/B addressed to the European Commission on 29
November 2022;
Having regard to the opinion of the Inspector of Finance issued on 4 May 2023;
Having regard to the agreement of the Secretary of State for the Budget given on 5 June 2023;
Having regard to the impact assessment of the regulation, conducted in accordance with Articles 6
and 7 of the Law of 15 December 2013, containing various provisions relating to administrative
simplification;
Having regard to opinion 73.999/1/V of the Council of State, issued on 17 August 2023, pursuant to
Article 84, § 1(1)(2) of the Laws on the Council of State, consolidated on 12 January 1973;
Having regard to Regulation (EU) No 649/2012 of the European Parliament and of the Council of

4 July 2012 concerning the export and import of hazardous chemicals;
Having regard to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of
16 December 2008 on classification, labelling and packaging of substances and mixtures, amending
and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC)
No 1907/2006;
Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of
21 October 2009, concerning the placing of plant protection products on the market and repealing
Council Directives 79/117/EEC and 91/414/EEC;
Having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of
22 May 2012 concerning the making available on the market and use of biocidal products;
On the proposal of the Minister of Public Health and the Minister of the Environment,
We have decreed and hereby decree:
Article 1. The purpose of this Decree is to:
(1) ensure a high level of protection of human health and the environment;
(2) implement Article 5, § 1(8) of the Law of 21 December 1998 on product standards for the
promotion of sustainable production and consumption patterns and the protection of the
environment, health and workers;
(3) usefully supplement Regulation (EU) No 649/2012 of the European Parliament and of the
Council of 4 July 2012 concerning the export and import of hazardous chemicals.
Article 2. For the application of the present Decree, the following definitions apply:
1. ‘Law of 21 December 1998’: the Law of 21 December 1998 on product standards for the
promotion of sustainable production and consumption patterns and the protection of the
environment, health and workers;
2. ‘hazardous substances’: substances, alone or in mixtures, as defined in Article 2(7) of the Law of
21 December 1998;
3. ‘mixtures’: mixtures as defined in Article 2(6) of the Law of 21 December 1998;
4. ‘export’: exports as defined in Article 3(16) of Regulation (EU) No 649/2012 of the European
Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous
chemicals;
5. ‘exporter’: any natural or legal person who meets one of the definitions set out in Article 3(18) of
Regulation (EC) No 649/2012 of the European Parliament and of the Council of 4 July 2012 on the
export and import of hazardous chemicals;
6. ‘the PIC Regulation’: Regulation (EU) No 649/2012 of the European Parliament and of the
Council of 4 July 2012 concerning the export and import of hazardous chemicals;
7. ‘the CLP Regulation’: Regulation (EC) No 1272/2008 of the European Parliament and of the
Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures,
amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No

1907/2006;
8. ‘the PPP Regulation’: Regulation (EC) No 1107/2009 of the European Parliament and of the
Council of 21 October 2009 concerning the placing of plant protection products on the market and
repealing Council Directives 79/117/EEC and 91/414/EEC;
9. ‘the Biocidal Product Regulation’: Regulation (EU) No 528/2012 of the European Parliament and
of the Council of 22 May 2012 concerning the making available on the market and use of biocidal
products.
Article 3. § 1. This Order applies to certain hazardous substances listed in Annex I of the PIC
Regulation, meeting the conditions laid down in this Order and belonging to one of the following
categories:
(1) pesticides used as plant protection products covered by Regulation (EC) No 1107/2009 of the
European Parliament and of the Council of 21 October 2009 concerning the placing of plant
protection products on the market;
(2) other pesticides, such as:
a) the biocidal products covered by Regulation (EU) No 528/2012 of the European Parliament and of
the Council of 22 May 2012 concerning the making available on the market and use of biocidal
products, and
b) disinfectants, insecticides and parasiticides covered by Regulation (EU) 2019/6 of the European
Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing
Directive 2001/82/EC and Directive 2001/83/EC of the European Parliament and of the Council of 6
November 2001 on the Community code relating to medicinal products for human use;
(3) industrial chemicals intended for professional use;
(4) industrial chemicals intended for the general public.
§ 2. Despite § 1, this Order shall not apply to:
(1) exports exempted from the scope of the PIC Regulation as referred to in Article 2(2) and (3)
thereof;
(2) the external transit procedure (T1) of the Union for the movement of non-Union goods within the
customs territory of the Union or for internal transit (T2) for the movement of Union goods from one
point to another in the customs territory of the Union, through a country or territory outside that
customs territory, without changing their customs status.
Article 4. § 1. The hazardous substances listed in Annex 1 to this Order shall be prohibited from
export to a non-member country of the European Union by exporters established in Belgium.
§ 2. The hazardous substances listed in Annex 2 to this Order shall be prohibited from export to a
non-member country of the European Union by exporters established in Belgium unless one or more
specific uses is or are authorised by European regulations and solely for that purpose or uses.
Article 5. § 1. At least every two years from the date of publication of this Order, the King, on a
proposal from the Minister for Public Health or the Minister for the Environment or both Ministers
jointly, by Order deliberated in the Council of Ministers, shall update Annexes 1 and 2 by adding to
Annex 1 the hazardous substances that meet the criteria referred to in § 2 of this Article and by
adding to Annex 2 the substances that meet the criteria referred to in § 3 of this Article.

§ 2. In order to be included in Annex 1, the hazardous substance must meet the following criteria:
1. the hazardous substance is listed in Annex I of the PIC Regulation and exported from Belgium to a
non-EU country for a prohibited or non-approved use; and
2. the placing on the market and/or use of the hazardous substance is subject to a total European ban
or non-approval under the Plant Protection and Biocidal Product Regulations; and
3. the total ban or non-approval referred to in point 2 is based on a finding of an unacceptable risk to
health or the environment established by the relevant European bodies; or,
(4) If no unacceptable risk is identified, the hazardous substance is classified in a harmonised manner
and listed in Annex VI to the CLP Regulation as
a) carcinogenic or mutagenic or toxic to reproduction belonging to Category 1a known, Category 1b
assumed or
b) highly toxic to aquatic organisms with acute or long-term adverse effects belonging to Category 1.
§ 3. In order to be included in Annex 2, the hazardous substance meets the criteria laid down in
points 1 and 4 of §2 of this Article.
§ 4. The prohibitions referred to in Article 4 of this Order shall apply to all substances listed in
Annexes 1 and 2 at least 6 months after publication in the Belgian Official Gazette of the Royal
Order amending the list set out in Annex 1 and Annex 2.
Article 6. This Order shall enter into force 18 months after its publication in the Belgian Official
Journal (Moniteur belge).
Article 7. The Minister for Public Health and the Minister for the Environment shall be responsible,
each as far as they are concerned, for the implementation of this Decree.
Issued at Brussels, on 19 November 2023
By the King:
The Minister for Public Health,
F. VANDENBROUCKE
The Minister for Climate, the Environment, Sustainable Development and the Green Deal,

Z. KHATTABI

Annex 1. List of hazardous substances prohibited for export
Hazardous substance CAS No. EC No.
Acetochlor 34256-82-1 251-899-3
Amitraz 33089-61-1 251-375-4
Chlorothalonil 1897-45-6 217-588-1
Chlorpropham 101-21-3 202-925-7
Desmedipham 13684-56-5 237-198-5
Dichlorvos 62-73-7 200-547-7
Diquat dibromide 85-00-7 201-579-4
Ferbam 14484-64-1 238-484-2
Fipronil 120068-37-3 424-610-5
Iprodione 36734-19-7 253-178-9
Triclosan 3380-34-5 222-182-2
Mancozeb 8018-01-7 616-995-5
Picoxystrobin 117428-22-5 601-478-9
Methomyl 16752-77-5 240-815-0
Chlorpyrifos 2921-88-2 220-864-4
Issued at Brussels, on 19 November 2023
By the King:
The Minister for Public Health,
F. VANDENBROUCKE
The Minister for Climate, the Environment, Sustainable Development and the Green Deal,
Z. KHATTABI

Annex 2. List of hazardous substances prohibited for export unless one or more specific uses
is or are authorised at the European level and only for that purpose.
Hazardous substance CAS No. EC No.
1,3-dichloropropene 542-75-6 208-826-5
Carbendazim 10605-21-7 234-232-0
Clothianidin 210880-92-5 433-460-1
Flufenoxuron 101463-69-8 417-680-3
Imidacloprid 138261-41-3 428-040-8
Permethrin 52645-53-1 258-067-9
Quinoxyfen 124495-18-7 602-997-3
Sodium Dimethylarsinate 124-65-2 204-708-2
Thiamethoxam 153719-23-4 428-650-4
Thiram 137-26-8 205-286-2
Issued at Brussels, on 19 November 2023
By the King:
The Minister for Public Health,
F. VANDENBROUCKE
The Minister for Climate, the Environment, Sustainable Development and the Green Deal,
Z. KHATTABI

Annex 3. Proposal to update Annexes 1 and 2 (referred to in Article 5(4))
1. The proposal to update Annex 1 shall contain the following information:
a) hazardous substances listed in Annex I to the PIC Regulation and exported by an exporter
established in Belgium to a non-member country of the European Union in one of the last two
calendar years;
b) the legal act or decision adopted at European level providing that dangerous substances are
totally prohibited at European level or not approved because of the finding of an unacceptable risk