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Updates:
By a circular issued on July 14, 2023, the Australian government announced the adoption of the proposed new rules for decaBDE and PFOA, its salts and PFOA-related compounds. From July 21, 2023, the import or export of these chemicals must obtain annual authorization from AICIS in advance. However, the new rules do not apply if these chemicals are introduced only for research or analysis at volumes of 100 kg or less in an AICIS registration year (September 1 to August 31).
When applying for the AICIS authorization, importers and exporters need to provide the following information:
For export: Exporter's and importer's contact details, including an ABN (if applicable)
For import: Importer's and supplier's contact details, including an ABN (if applicable)
AICIS registration number (if applicable)
Common name and trade name of the PIC chemical
CAS number
AHECC (Australian Harmonized Export Commodity Classification) code
Intended use of the chemical – industrial, pesticide or both
SDS and label in the official language of the destination country
For more details, please click here.
The Australian government also provides relevant guides, see:
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The Australian government recently announced that new rules will be implemented in mid-2023 for decabromodiphenyl ether (decaBDE) and perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds, as part of the government's efforts to protect the environment and human health from the potential risks posed by these target chemicals.
Background
In 2022, decaBDE and PFOA, its salts and PFOA-related compounds were added to Annex III of the Rotterdam Convention, which is an international treaty that aims to protect human health and the environment in relation to international trade of hazardous chemicals. Australia is a party to the Rotterdam Convention. In Australia, most listed industrial chemicals in Annex III cannot be imported or exported without AICIS authorization, as they have been banned or severely restricted for health or environmental reasons. Following the foregoing changes to the Annex III, the Australian Government is planning to amend the Industrial Chemicals (General) Rules 2019 (General Rules) that affect the export or importation of these chemicals. Recently, the government released a notice to announce the plan.
Proposed new rules
According to the notice issued on June 20, 2023, these target chemicals are proposed to be added to the list of chemicals requiring AICIS authorization. The control over these chemicals will be tightened in Australia. Once new rules come into force, importers and exporters of these chemicals must do the following:
Cease any new import or export of decaBDE and PFOA, its salts and PFOA-related compounds if you are currently importing or exporting these chemicals.
Apply to AICIS for import or export authorization (application fee will apply). Import or export of these chemicals can be resumed only if you receive authorization from AICIS.
Penalties will apply if import or export these chemicals without authorization. The Australian government encourages stakeholders to start preparing for the new rules now to ensure compliance by mid-2023. The government are now collecting information from current and previous importers and exporters of these chemicals, regarding import or export of them at any time after 30 June 2022. The information collection will be due by September 15, 2023.
Details of the target chemicals
DecaBDE (CAS No. 1163-19-5)
PFOA, its salts and PFOA-related compounds include:
PFOA (CAS No. 335-67-1) and its salts
any related substance (including its salts and polymers) having a linear or branched perfluoroheptyl group with the formula C7F15- directly attached to another carbon atom as one of the structural elements
any related substance (including its salts and polymers) having a linear or branched perfluorooctyl group with the formula C8F17- as one of the structural elements
DecaBDE is a flame retardant that has been found to persist in the environment and accumulate in wildlife, while PFOA, its salts and PFOA-related compounds are used in products such as non-stick coatings and have been linked to a range of health and environmental concerns. They are commonly used in a variety of industrial and consumer products, including electronics, textiles, and firefighting foam.
