Implementation of Geneva Conventions Act, 2012
R 385
National Environmental Management Act, 1998 (Act No. 107 of 1998)RegulationsRegulations to domesticate the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in International Trade, 2021Chapter 3 : Process for the Notification for the Import, Export or Transit of Chemicals listed in Annexure I to these Regulations5. Process for the notification of the export of chemicals listed in Annexure I |
| (1) | An application submitted to the DNA of the country of import by the South African DNA, as contemplated in subregulation 4(1)(a) for the export of chemicals listed in Annexure I to these Regulations, must include— |
| (a) | a completed official Rotterdam Convention export notification form, obtainable from South African DNA containing, as a minimum, the information indicated in Annexure II to these Regulations; and |
| (b) | a SDS for the chemicals, listed in Annexure Ito these Regulations, which are to be exported. |
| (2) | Subsequent to the receipt of the completed application as contemplated in subregulation (1), the South African DNA must within 10 working days— |
| (a) | send an acknowledgement of receipt of the application to the applicant; and |
| (b) | submit the export notification to the DNA of the country of import for consideration. |
| (3) | If the South African DNA has not received a response from the DNA of the country of import following the submission of the application within 30 days, the DNA must send a reminder and if there is still no response within a further 30 days, the DNA may send further reminders as necessary. |
| (4) | The South African DNA may, on a case by case basis, decide that the export may proceed if, after all reasonable efforts, no response to an application contemplated in subregulation 4(1)(a) has been received, within 60 days following submission of the export notification, provided that there is evidence that the chemical has previously been used in, or imported into, the country of import and that no regulatory action to prohibit its use has been taken. |
