AICIS Inventory De-listed chemicals

[Mike Dewhirst]

AICIS de-lists chemicals from the Inventory and refreshes conditions of listing from time to time.

One reason for de-listing might be to (effectively) prohibit introduction meaning AICIS would need to authorise introduction.

The other reason might be that the chemical now needs to be categorised afresh due to changed circumstances.

Chemintro needs to detect both the fact of de-listing and the above two reasons.

If AICIS needs to re-authorise an effectively prohibited introduction, Chemintro can automatically set the listing to "Out of scope" which means "No applicable section of the Act - Cannot be introduced".

Effectively this satisfies the first reason.

For the second reason, "De-listed" means a fresh categorisation is required in order to take the changed circumstances into account.

Both of these reasons require software enhancements.

[Mike Dewhirst]

The "entry" field of the Inventory table will be used to control this process. Editing to "De-listed" or "De-listed - Assessed" should satisfy the requirements.

Accordingly, the software will be changed as follows:

1. Check the AICIS Inventory by CAS number or name if no CAS number

2. If the chemical is not found tag it as "Searched for but not found"

3. If found and the entry is "De-listed" tag it as "Searched for but not found"

4. If that entry also contains the word "Assessed" tag it as "Listed but NOT within any defined scope or conditions of introduction"

Every Inventory search generates a chemical note indicating the outcome. The note generation mechanism will be adjusted as follows:

5. An ordinary "Searched for but not found" note will be unchanged.

6. An ordinary "Listed" note will now include the 'Notes' field content from our Inventory database. That is typically the particular line of the downloaded AICIS table for that entry.

7. Chemicals found in the Inventory with special scope restrictions, introduction conditions or information obligations will gain a note with all non-empty fields.

8. If the entry is "De-listed", the note will include "This chemical has been de-listed and therefore must be re-categorised"

9. If the entry is "De-listed - Assessed" the note will instead include "This chemical has been de-listed as out-of-scope and therefore cannot be introduced"

Notes generated in 7, 8 and 9 will need to be acknowledged by the user.

[Mike Dewhirst]

It turns out a chemical can be Listed and still require assessment. The evidence is CAS 1163-19-5 DecaBDE or Decabromodiphenyl ether.

​https://www.industrialchemicals.gov.au/news-and-notices/decabde-and-pfoa-related-compounds-authorisation-required-21-july-2023

It has been listed in the Rotterdam convention Annex III (correctly detected by the software) and therefore cannot be imported or exported without specific AICIS annual authorisation. This is a new rule for listed chemicals.

This means we essentially have a new "Listed - Assessed" entry for the inventory. The software already prevents introduction for "De-listed - Assessed" so we only need to detect "Listed - Assessed" and treat the chemical as "Authorisation required" rather than "Listed".

[Mike Dewhirst]

In terms of processing such a chemical - it is still actually Listed and therefore should not attract our fee for assessment.

Therefore we need a new Listed category "Listed but requires annual AICIS authorisation" to be triggered by "Listed - Assessed".

This begs the question of annual reminders. There are two aspects:

1. An annual NYA reminder. That is already doable by way of creating a Division with 364 day delay and switch the chemical to that Division.

2. The Listing note needs a URL for the annual application for authorisation being ... ​https://www.industrialchemicals.gov.au/chemical-information/banned-or-restricted-chemicals/chemicals-listed-rotterdam-and-stockholm-conventions/apply-annual-import-authorisation-rotterdam-convention

[Mike Dewhirst]

Summarising:

We will change the word Assessed to Authorised in the inventroy context to be language consistent.

1. a chemical can be De-listed (and therefore requires categorisation)
2. a chemical can be Listed - Authorised (requires annual authorisation)
3. a chemical can be Listed (normal case)

Case 1. De-listed (and therefore requires categorisation)

Effectively this is the same as Not found which immediately calls for categorisation. Chemicals which are de-listed by AICIS are published as changes to the inventory so we are able to document any reasons given. Our keeping that in our database allows the AICIS Listing note to reveal the information to the user.

Change to the software to indicate Not found (automatically enables categorisation in chemical.ok_to_categorise()) in this case means De-listed and if documented include the reasons in the listing note.

Case 2. Listed - Authorised (requires annual authorisation)

The example of DecaBDE is a chemical gaining a Rotterdam Convention listing and AICIS reacting by publishing the new requirement - already specified for all Rotterdam chemicals - that import/export is prohibited without annual AICIS authorisation except for R&D up to 100Kg per annum.

This does not mean the chemical has to be categorised. Everything about it is known. It remains listed in the AICIS inventory.

Change the software to append the words - Requires AICIS authorisation to the listing note title but otherwise not substantive change.

[Mike Dewhirst]

Further to Case 2 above:

We now have a Requires AICIS authorisation switch for any listing if the CAS number is in the Rotterdam or Stockholm conventions or has Hg in the molecular formula (Minamata convention).

This catches any missed 'Listed - Authorised' tags and actually makes them unnecessary.