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On Dec 7th 2017, the Environmental Management Bureau (EMB) of the Philippines issued a document, clarifying some confusions that enterprises encountered when trying to apply for permits for their chemicals.
The legal framework of chemicals management in the Philippines contains requirements of various permits on chemicals. Enterprises are required to apply for permits for Small Quantity Importation (SQI), Pre-Manufacture Pre-Importation Notification (PMPIN), chemicals included in the Priority Chemical List (PCL), and chemicals listed in the Chemical Control Orders (CCO), etc. Sometimes a chemical can be requested for more than one permit at the same time and it causes waste of time and effort for the industry. So EMB clarified which permit the enterprise should apply for under following circumstances:
1. In the case of a mixture with two or more chemicals under CCO, the applicant shall only apply under the CCO regulations of the chemical with the higher weight percentage.
2. For a compound of two or more chemicals under CCO, the applicant shall only apply under the CCO regulations of the chemical composition of higher percentage which would pose higher risk.
3. For a mixture with two or more chemicals under the PCL, the applicant shall only apply for one PCL Compliance Certificate for the mixture. All of the chemical names of the PCL chemicals will be indicated in the Certificate. PCL exemption shall only apply to mixtures with cumulative PCL percentage composition of no higher than 1% concentration.
4. For a mixture of chemicals under CCO and chemicals under the PCL, the applicant shall only apply for CCO Registration Certificate/Importation Clearance.
5. For a chemical previously under PCL and subjected to be controlled under CCO, the applicant shall apply under CCO regulation.
6. For a compound regulated under both PCL and CCO, the applicant shall only apply under CCO regulation.
7. For a compound which is both a new chemical and a chemical under PCL regulations, the applicant shall apply for PMPIN first, then apply for PCL. The applicant is not allowed to apply for an SQI Clearance at this circumstance.
8. For a mixture of new chemicals (cumulative weight of new chemicals > 1 ton/year) and chemicals under PCL, the applicant shall apply for PMPIN Compliance Certificate first, then for a PCL Compliance Certificate. However, if the PCL composition is no more than 1%, the applicant could apply for a PCL Exemption after applying for the PMPIN Compliance Certificate first.
9. For a mixture of new chemicals (cumulative weight of new chemicals ≤ 1 ton/year) and chemicals under PCL, the applicant shall apply for PCL Compliance Certificate prior to applying for Small Quantity Importation (SQI) Clearance or PMPIN Compliance Certificate. However, if the PCL composition is no more than 1%, the applicant shall apply for a PCL Exemption first, then apply for either Small Quantity Importation (SQI) Clearance or PMPIN Compliance Certificate.
10. For a mixture of new chemicals and chemicals under CCO, the applicant shall apply for PMPIN Compliance Certificate first, then apply for a CCO Registration/Importation Clearance. The applicant is not allowed to apply for SQI Clearance in this circumstance.
11. For a compound which is both a new chemical and a chemical under CCO regulations, the applicant shall apply for PMPIN first, then apply for CCO. The applicant is not allowed to apply for SQI Clearance in this circumstance.
12. Chemicals that are listed in CCO and are intended for laboratory use are not exempted from complying with EMB regulations.
