NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998: SUSPENSION OF THE IMPLEMENTATION OF THE REGULATIONS TO DOMESTICATE THE REQUIREMENTS OF THE ROTTERDAM CONVENTION ON THE PRIOR INFORMED CONSENT PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND PESTICIDES IN INTERNATIONAL TRADE, FOR A PERIOD OF 12 MONTHS

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NATIONAL ENVIRONMENTAL MANAGEMENT ACT 107 OF 1998: SUSPENSION OF THE IMPLEMENTATION OF THE REGULATIONS TO DOMESTICATE THE REQUIREMENTS OF THE ROTTERDAM CONVENTION ON THE PRIOR INFORMED CONSENT PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND PESTICIDES IN INTERNATIONAL TRADE, FOR A PERIOD OF 12 MONTHS

Notice Title: National Environmental Management Act 107 of 1998 (“NEMA”): Suspension of the implementation of the Regulations to domesticate the requirements of the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in International Trade, for a period of 12 months

Government Notice: GN 1513 in GG 45502 on 18 November 2021

Commencing date: 18 November 2021

The Minister of Forestry, Fisheries and the Environment (“the Minister”) in terms of section 25(3) of the NEMA, read together with section 10(3) of the Interpretation Act, 33 of 1957 (“IA”) suspends for a period of 12 months, from the 18th of November 2021, the implementation of the Regulations to Domesticate the Requirements of the Rotterdam Convention on the Prior Informed Consent (“PIC”) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, 2021 (“the Regulations”) as published in GNR 413 of 12 May 2021.

The Regulations:

  • outline the PIC procedure that enables countries to monitor and control trade in hazardous chemicals and pesticides. This is to obtain and exchange information between countries regarding certain hazardous chemicals, including pesticides and industrial chemicals that have been banned or severely restricted for human health, animal health and/or environmental reasons;
  • promote shared responsibility and cooperative efforts in the international movement of the chemicals listed; and
  • contribute to the environmentally sound use of the chemicals by facilitating information exchange about their characteristics, by providing for a national decision-making process on their import and export and by disseminating these decisions to other countries.

The 12-month suspension is necessary to allow sufficient time to ensure compliance with Article 5 of the Rotterdam Convention which requires amongst other things, that South Africa notify the Secretariat of the Convention of the implementation of the Regulations and to affect some necessary corrections to the Regulations.

For a copy of the Government Gazette Notice click here.

How to ensure compliance at my operations?

The Regulations apply to importers and exporters of the chemicals listed in Annexure III of the Rotterdam Convention and to pesticides and industrial chemicals controlled under South African legislation.

For more information or assistance please contact Jan Nel at jan@shangoni.co.za.

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