(1) This regulation applies to the export of an export - prohibited chemical if:
(a) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; or
(b) the chemical is research mercury.
(2) In making a decision whether to grant an application for permission to export the chemical to a party to the Convention, an authorised officer must take into consideration:
(a) any import decision notified to the Secretariat by the party; and
(b) if the chemical is described in the relevant item in Schedule 1 as a severely hazardous pesticide formulation, any applicable condition or restriction specified in that item; and
(c) whether the applicant has provided any additional information required under regulation 3.220.
Note: Under Article 10 of the Convention, the Secretariat must, every 6 months, inform all parties of the import responses it has received. It does so by way of a six - monthly information circular.