REGULATIONS TO DOMESTICATE THE REQUIREMENTS OF THE ROTTERDAM CONVENTION ON THE PRIOR INFORMED CONSENT PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND PESTICIDES IN INTERNATIONAL TRADE, 2021

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REGULATIONS TO DOMESTICATE THE REQUIREMENTS OF THE ROTTERDAM CONVENTION ON THE PRIOR INFORMED CONSENT PROCEDURE FOR CERTAIN HAZARDOUS CHEMICALS AND PESTICIDES IN INTERNATIONAL TRADE, 2021

Notice Title: Regulations to Domesticate the Requirements of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade
Government Notice: GN 413 in GG 44558 on 12 May 2021
Commencing date: 12 May 2021

The Minister of Forestry, Fisheries and the Environment (“the Minister”) published a notice in terms of section 25(3) of the National Environmental Management Act 107 of 1998 (“NEMA”) making 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”).

The purpose of the Regulations is to –

  • outline the PIC procedure for the chemicals listed in Annexure I to the Regulations, for obtaining and exchanging 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 in Annexure I to the Regulations, in order to protect human health, animal health and /or the environment from potential harm; and
  • contribute to the environmentally sound use of the chemicals listed in Annexure I to the Regulations, 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.

For a copy of the Government Gazette Notice click here.

How to ensure compliance at my operations?
The Regulations applies to importers and exporters of the chemicals listed in Annexure 1 to the Regulations.
No person may:

  • import or export any chemicals listed in Annexure I to the Regulations into or from South Africa, without obtaining consent in terms of the Regulations prior to importing or exporting the chemicals; and
  • transit any chemicals listed in Annexure I to the Regulations through South Africa, without complying with the notification requirements of regulation 6 to the Regulations.

For more information or assistance please contact Corrie Potgieter at corrie@shangoni.co.za

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