Draft of 17th November 2022

STATUTORY INSTRUMENTS

2022 NO……

THE NATIONAL ENVIRONMENT (MANAGEMENT OF HAZARDOUS

CHEMICALS AND PRODUCTS CONTAINING HAZARDOUS CHEMICALS)
REGULATIONS, 2022

ARRANGEMENT OF REGULATIONS

PART I—PRELIMINARY

Regulation

1. Title
2. Application of Regulations
3. Interpretation

PART II – GENERAL REQUIREMENTS

4. Compliance with principles of environment management

5. Responsibility for hazardous chemical management
6. Management of hazardous chemical waste
 PART III – PROHIBITIONS AND RESTRICTIONS

7. Prohibited chemicals
8. Restricted chemicals

PART IV – TECHNICAL COMMITTEE ON CHEMICAL MANAGEMENT

9. Technical committee on chemicals management

PART V – CLASSIFICATION, CATEGORISATION AND REGISTRATION OF

CHEMICALS

10. Classification of chemicals

11. Registration of hazardous chemicals

PART VI – LICENCE TO DEAL IN HAZARDOUS CHEMICALS

12. License to import, export, manufacture, formulate, repackage, store or use of hazardous
chemicals
13. Application of licence
14. Consultations
15. Publication of notice of intention to issue a licence
16. Processing of application for a licence
17. Consideration before issuance of licence
18. Fincancial security
19. Insurance
20. Environmental risk assessment
21. Issuance of licence
22. Conditions of licence
23. Duration of licence
24. Variation of licence
25. Suspension or revocation of licence
26. Renewal of licence
27. Transfer of chemical management facility

PART VII – STORAGE, LABELLING, PACKAGING AND TRANSPORTATION OF

HAZARDOUS CHEMICALS

28. Requirements for storage of hazardous chemicals

29. Labelling of hazardous chemicals
30. Packaging of hazardous chemicals

Transportation or Distribution of Hazardous Chemicals

31. Transportation or distribution of hazardous chemicals

32. Movement of hazardous chemicals on water
 PART VIII – PRECAUTIONS AND EMERGENCY PREPAREDNESS AND
RESPONSE

33. Precautionary measures

34. Emergency preparedness and response
35. Operational shutdowns and emergencies

PART IX – CHEMICAL CONTAMINATED SITES

36. Chemical contaminated sites

PART X – TRANSBOUNDARY MOVEMENT OF CHEMICALS

37. Transboundary movement of hazardous chemicals

38. Hazardous chemicals in transit through Uganda
39. Notification procedures and prior informed consent

PART XI – CHEMICAL PRODUCTS AND ARTICLES CONTAINING

HAZARDOUS CHEMICALS
40. Articles containing hazardous chemicals

Management of Mercury and Products Containing Mercury

41. Prohibition on use of mercury or mercury compounds

42. Use of mercury in manufacturing process
43. Dental amalgam

PART XII – PUBLIC INFORMATION, AWARENESS, EDUCATION AND

RESEARCH

44. Database of hazardous chemicals

45. Exchange of information
46. Research, development and monitoring
47. Public information, awareness and education

PART XIII-COMPLIANCE AND ENFORCEMENT

48. Chemical records
49. Chemical annual reports
50. Provision of samples
51. Request for analysis
52. Monitoring and inspection

PART XIV – OFFENCES, PENALTIES AND ADMINISTRATIVE MEASURES

53. Offences and penalties

54. Administrative measures and fines

PART XV – MISCELLANEOUS

55. Tranbsition

SCHEDULES
Schedule 1- Currency Point
Schedule 2-Prohibited Chemicals
Schedule 3- Restricted Chemicals
Schedule 4-Classification of Hazardous Chemicals
Schedule 5- Forms
Schedule 6-Fees
Schedule 7- Pictograms and Symbols for Labelling of Hazardous Chemicals
Schedule 8- Designated Ports of Entry and Exit
 STATUTORY INSTRUMENTS

2022 NO……

THE NATIONAL ENVIRONMENT (MANAGEMENT OF HAZARDOUS

CHEMICALS AND PRODUCTS CONTAINING HAZARDOUS CHEMICALS)
REGULATIONS, 2022

(Under Part VI and section 179 of the National Environment Act, 2019, Act No. 5 of 2019)

IN EXERCISE of the powers conferred upon the Minister by section 179 of the National
Environment Act, 2019 and in consultation with the National Environment Management
Authority, these Regulations are made this ….......... day of .......... 2022.

PART I – PRELIMINARY

1. Title
These Regulations may be cited as the National Environment (Management of Hazardous
Chemicals and Products Containing Hazardous Chemicals) Regulations, 2022.

2. Application of Regulations
(1) These Regulations apply—

(a) to the life cycle management of hazardous chemicals, including unintentionally

produced persistent organic pollutants;

(b) in accordance with paragraph (a), to the management of mercury or mercury

compounds, lead, cyanide, arsenic and polonium; and
 (c) to the management of transboundary movement of hazardous chemicals.

(2) For the avoidance of doubt, subregulation (1) shall not apply to chemicals or chemical
products, substances or mixtures regulated under the Agricultural Chemicals Control Act,
2006, the Atomic Energy Act, 2008, the National Drug Policy and Authority Act, the Toxic
Chemicals Prohibition Control Act, 2016 and the National Environment (Management of
Ozone Depleting Substances and Products) Regulations, 2020.

3. Interpretation
In these Regulations unless the context otherwise requires—

“Act” means the National Environment Act, 2019;

“article” means an object or product which during production is given a special shape,
surface or design which determines its function to a greater degree than does its chemical
composition;

“Authority” means the National Environment Management Authority established under the
Act;

“authorised officer” means an officer of the Authority or any other person authorised to act
on behalf of the Authority under the Act;

“Board” means the Board of the National Environment Management Authority established
under section 12 of the Act;

“chemical’ means any chemical element or compound on its own or as a mixture composed
of two or more substances, as it occurs in the natural state or as produced, used or released
into the environment, by any work activity, whether or not produced intentionally and
whether or not placed on the market;
“chemical abstract service number (CAS)” means a unique numerical identifier assigned by
the Chemical Abstracts Service (CAS) to every chemical substance described in the open
scientific literature, including organic and inorganic compounds, minerals, isotopes, alloys,
mixtures and non-structurable materials;

“chemical management facility” means a facility for the import, manufacture, formulation or
re-packaging of chemicals, including during decommissioning operations;

“chemical waste” means any chemical which is dumped, abandoned, discarded or disposed of
or intended or required by law to be disposed of;

“committee” means the technical committee on chemicals management established under

regulation 9;

“currency point” has the value assigned to it in Schedule 1 to these Regulations;

"designated laboratory" means a laboratory formally recognized as having the appropriate

competence to undertake analysis and having valid accreditation by an internationally recog-
nized accreditation body for the analysis of hazardous chemicals and articles containing haz-
ardous chemicals based on ISO 17025;

"Designated National Authority" means the Ministry responsible for water and environment;

“environmental inspector” means a person designated as an environmental inspector under

section 127 of the Act;

“Globally Harmonized System (GHS)” means the United Nations system of classification
and labelling of chemicals by types of hazards;

“hazardous chemical” means any chemical which meets the criteria for classification as
hazardous within any physical, health hazard or environmental classes in accordance with
these Regulations;

“IUPAC” means International Union of Pure and Applied Chemistry;

“lead agency” means a ministry, department, agency, local government or public officer in
which or in whom the functions of control or management of any segment of the environment
are vested;

"licensee" means a person licensed to import, manufacture, formulate, re-package, store, ex-
port, or use chemicals under these Regulations;

“mixture” means a mixture or solution composed of two or more substances;

“prior informed consent” means the consent that must be given for any transboundary
movement of hazardous chemicals and chemical products prescribed under these Regulations
in conformity with the Rotterdam Convention on the Prior Informed Consent Procedure for
Certain Hazardous Chemicals and Pesticides in International Trade, 1998;

“restricted chemical” means a chemical regulated under these Regulations, whether existing
alone or in a mixture, for which most uses have been restricted internationally or by the
Authority;

"Safety Data Sheet" means a document that provides health and safety information about haz-
ardous chemicals"

“substance” means a chemical element or a compound in its natural state or obtained in the
production process, including additives that are necessary for maintaining its physical
stability and its properties;
“transboundary movement of chemicals” means any movement of hazardous chemicals from
another country to or through Uganda or from Uganda to another country;

“vessel” includes motor vehicle, ship, aircraft or other mode of transport.

PART II – GENERAL REQUIREMENTS

4. Compliance with principles of environment management

A person who imports, manufactures, formulates, re-packages, stores, sells, distributes,
transports, exports, re-exports, uses or disposes chemicals covered under these Regulations
shall, in compliance with the environmental principles set out in section 5 of the Act, these
Regulations and any other written law—

(a) apply measures in the management of hazardous chemicals and articles

containing hazardous chemicals to prevent harm to human health and ensure
safety of human beings;
(b) apply measures in the management of hazardous chemicals and articles
containing hazardous chemicals to prevent pollution, harm to biological
diversity and contamination of the wider environment;

(c) use the best available technologies and best environment management
practices;

(d) take measures to ensure public participation and stakeholder involvement in

the management of hazardous chemicals and articles containing hazardous
chemicals ; and

(e) take measures to substitute the hazardous chemicals and articles containing
hazardous chemicals with less or non-hazardous alternatives.
5. Responsibility for hazardous chemical management
(1) A person who imports, manufactures, formulates, re-packages, stores, sells, distributes,
transports, exports, re-exports, uses or disposes hazardous chemicals or articles containing
hazardous chemicals shall take measures to ensure that—

(a) the hazardous chemicals and articles containing hazardous chemicals are managed
appropriately in accordance with the Act, these Regulations, any other written law,
environmental standards and conditions of the licence;

(b) the hazardous chemicals and articles containing hazardous chemicals are managed in
a manner that does not cause harm to human health or the environment; and

(c) any leakage or spillage of hazardous chemicals are quickly detected and managed.

(2) The person referred to under subregulation (1) whose activities may have potential for
release of un-intentional persistent organic pollutants, shall implement best available
techniques and best environmental practices, to prevent the release of such substances into
the environment.

(3) A person who imports, manufactures, formulates, re-packages, stores, sells,

distributesistributes, transports, exports, re-exports, uses for commercial or industrial
purposes or disposes hazardous chemicals shall, in accordance with the Act, the Occupational
Safety and Health Act, 2006, the National Environment (Management of Ozone Depleting
Substances and Products) Regulations, 2020 and any other written law, ensure that their
employees or contractors are—

(a) aware of the risks or hazards associated with handling of the chemicals;

(b) trained in handling and management of the hazards and risks associated with the
chemicals;

(c) protected from exposure to health hazards;

 (d) provided with appropriate personal protective equipment and first aid facilities;

(e) accorded periodic and annual medical check-up as may be commensurate to the
health risks they face.
(f) provided with appropriate equipment or facilities for handling the chemicals; and
(g) provided with appropriate equipment or facilities for handling chemicals.

(4) The Authority, lead agency and a person who imports, manufactures, formulates, re-
packages, stores, sells, distributes, transports exports, re-exports, uses or disposes hazardous
chemicals or articles containing hazardous chemicals , shall create awareness about the
hazards associated with hazardous chemicals and promote safe handling practices.

6. Management of hazardous chemical waste

(1) A person who imports, manufactures, formulates, re-packages, stores, sells, distributes,
transports, exports, re-exports, uses or disposes hazardous chemicals and articles containing
hazardous chemicals shall manage waste resulting from the activities in accordance with the
Act, the National Environment (Waste Management) Regulations, 2020, the Petroleum
(Waste Management) Regulations, 2019 and any other written law.

(2) Without limiting the general effect of subregulation (1), a person handling hazardous
chemicals and articles containing persistent organic pollutants, mercury or any other
hazardous chemicals upon becoming waste, consisting of, containing or contaminated with a
hazardous chemical, shall manage the waste in a manner protective of human health and the
environment, and ensure that the waste—

(a) is disposed of in a manner that destroys or irreversibly transforms the chemical

content of the waste so that it does not exhibit the characteristics of that chemical; and
 (b) is not transported across international boundaries without taking into account relevant
international environmental safeguards, in accordance with the National Environment
(Waste Management) Regulations, 2020.

PART III – PROHIBITIONS AND RESTRICTIONS

7. Prohibited chemicals
A person shall not import, manufacture, formulate, re-package, store, sell, distribute, export,
re-export or use hazardous chemicals prohibited under section 70(1) and Schedule 8 of the
Act and listed as prohibited under Schedule 2 to these Regulations.

8. Restricted chemicals
(1) Chemicals listed under Schedule 3 to these Regulations are restricted.

(2) The restriction in subregulation (1) shall apply to a chemical which may be allowed for
exceptional use under these Regulations, following an assessment to the satisfaction of the
Authority, of all alternatives by the applicant to explicitly demonstrate the need for such
chemicals, and after obtaining and registering an exemption in line with the Stockholm
Convention on Persistent Organic Pollutants, 2004, the Minamata Convention on Mercury,
2013, other international conventions to which Uganda is Party and other applicable written
law.

(3) A person shall not import, export, re-export manufacture, formulate, re-package, store,
sell, distribute or use restricted chemicals without a licence issued in accordance with regula-
tion 10.

PART IV – TECHNICAL COMMITTEE ON CHEMICALS MANAGEMENT

9. Technical committee on chemicals management

(1) The board shall, on the advice of the Executive Director, establish a technical committee on
chemical management in accordance with section 21 of the Act.

(2) The functions of the committee shall be—

(a) to advise make recommendations to the Authority for on standards harmonization on
classification and labelling of chemicals and pesticides;

(b) to make recommendationsadvise to the Authority in relation toregarding registration,

bans, prohibitions, restrictions or exemptions of hazardous chemicals and pesticides;

(c) to consider applications and make recommendations foradvise the Authority on

matters relating to licencing registration of hazardous chemicals under these
regulations;

(d) to make recommendations ongive technical advice on measures for the protection of
human health and the environment from the potential impacts of hazardous chemicals
and pesticides; and
 (e) to perform any other delegated functions as may be determined by the Board.

(3) The Committee shall comprise of persons with technical qualifications and experience in
matters of chemicals management, occupational safety and health, pollution control,
environmental science and other such expertise as the Board may determine;

(4) Without prejudice to sub-section (3), the Committee shall consist of:-

(a) one person from the ministry responsible for minerals representing the mining
sector;
(b) one person from the ministry responsible for agriculture representing the
agricultural sector;

(c) one person from the ministry responsible for occupational health and safety;
 (d) one person from the Uganda National Bureau of Standards;.
(e) one person from a university of national repute with programmes in chemicals
management representing academia;
(f) one person from the Ministry of Health representing the health sector; and

(g) the Executive Director of the Authority.

(4) The Chairperson of the Committee shall be designated by the Board from among the
members appointed under subregulation (3).Committee shall be chaired by the Executive
Director.

(5) Members representing the different sectors on the Committee shall hold office for a term
of three years and shall be eligible for appointment for a period not exceeding two terms.

PART V – CLASSIFICATION AND REGISTRATION OF CHEMICALS

10. Classification of chemicals

(1) A person who imports, manufactures, formulates, re-packages, exports or re-exports
chemicals shall ensure that chemicals are classified and labelled in accordance with the
United Nations Globally Harmonized System of classification and labelling referred to in
Schedule 4 to these Regulations.

(2) The classification referred to under subregulation (1) shall be in accordance with the
following hazard groupings—

(a) physical hazards;

 (b) health hazards; or

(c) environmental hazards.

(3) The classes under the physical hazard group referred to under subregulation (2) (a)
include—

(a) explosives;
(b) flammable gases;
(c) aerosols;
(d) oxidizing gases;
(e) gases under pressure;
(f) flammable liquids;
(g) flammable solids;
(h) self-reactive substances and mixtures;
(i) pyrophoric liquids;
(j) pyrophoric solids;
(k) self-heating substances and mixtures;
(l) substances and mixtures which, in contact with water, emit flammable gases;
(m)oxidizing liquids;
(n) oxidizing solids;
(o) organic peroxides;
(p) corrosive to metals; and
(q) desensitized explosives.
(4) The classes under the health hazard group referred to under subregulation (2) (b) include
—

(a) acute toxicity;

(b) skin corrosion or irritation;
(c) serious eye damage or eye irritation;
(d) respiratory or skin sensitization;
(e) germ cell mutagenicity;
(f) carcinogenicity;
(g) reproductive toxicity;
(h) specific target organ toxicity - single exposure;
(i) specific target organ toxicity - repeated exposure; or
(j) aspiration hazard.

(5) The classes under the environment hazard group referred to under subregulation (2) (c)
include—

(a) chemicals hazardous to the aquatic environment, both acute and chronic; or
 (b) chemicals hazardous to the ozone layer, which are regulated by the National
Environment (Management of Ozone Depleting Substances and Products)
Regulations, 2020 and accordingly fall outside the scope of these Regulations.

(6) This regulation applies to substitute substances, mixtures or re-formulation of chemicals.

11. Registration of hazardous chemicals

(1) A person shall not import, manufacture, formulate, re-package or otherwise deal in a
hazardous chemical that is not registered by the Authority in accordance with these
regulations..

(2) A person intending to import, manufacture, formulate, re-package, or otherwise deal in a

hazardous chemical which is not registered shall apply for registration of the chemical in the
form prescribed in schedule 5.

(3) The application referred to in regulation (2) shall provide information on –

(a) The name and contact details of the person;

(b) the IUPAC name of the chemical and associated classification;

(c) safety data sheet;

(d) labelling in accordance with the globally harmonized system;

(e) properties of the chemical, including associated hazards and general control
measures;
 (f) an assessment of the inherent risks of the chemical and how these risks should be
controlled;

(g) supply and use restrictions; and

(h) end use or application of the chemical.

(5) The information registered under this regulation shall be kept in a register established and
maintained by the Authority in accordance with regulation 44.

12. Application for Registration of a hazardous chemical

(1) A person who intends to import, manufacture, formulate, re-package or otherwise deal in
a hazardous chemical, where the chemical has not been previously registered, shall apply to
the Authority for the registration of the hazardous chemical in the format set out in Schedule
5 to these Regulations.

(2) An application referred to in subregulation (1) shall be accompanied by–

(a) the name and address of the applicant;

(b) the hazardous category of the chemical;
(c) the details of its composition and scientific nomenclature;
(d) details of intended use;
(e) details of the possible dangers to human health and the environment;
(f) details of procedures for its proper treatment and disposal;
(g) instructions for safe handling of the chemical; and,
(h) material safety data sheets for the chemical.
13. Publication of notice of intention to register the hazardous chemical

(1) The Authority may, where it deems necessary, publish its intention to register a hazardous
chemical in a newspaper of national circulation and any other media at least fifteen days
before the chemical is registered.

(2) The notice under subregulation (1) shall contain—

(a) the chemical identifier;

(b) classification and categorization of the hazardous chemical in accordance with the
globally harmonized system for classification and labelling of chemicals;

(c) where applicable, the invitation to the public to make comments within the period
specified in the notice; and

(d) any other information the Authority may deem necessary.

14. Processing of application for registration of a hazardous chemical

(1) The Authority shall conduct the necessary investigations or inquiry as it considers
necessary or desirable, which may include—

(a) request for a sample to be delivered to a reference laboratory for analysis at the cost of the
applicant; and,

(b) consultations with the relevant lead agency, technical committee, private sector or any
other relevant stakeholder before making a decision on an application.

(2) The lead agency, private sector or any other stakeholder consulted under subregulation (1)
shall review the application and submit their comments and recommendations on the
application within fourteen days of receipt of the application from the Authority or such
lesser period as determined by the Authority.
(3) The information obtained in regulation 13 and 14 (1) shall be compiled into a dossier and
submitted to the Committee for consideration.

(34) The committee Authority shall process applications for the registration of a hazardous
chemical and make recommendations to the Authority within fourteen days from the date of
receipt of the application.

(45) The committee Authority shall, in processing an application for registration of a

hazardous chemical under these Regulations, where applicable, take into account comments
and recommendations received under regulation 13 and 14(2).

(3) The committee Authority may, in processing the application consider—

(a) the risk evaluation profile for the chemical;

(b) possible effects of the chemicals on the environment;

(c) restrictions on production and use of the chemical under multi-lateral environmental
agreements to which Uganda is a Party; and,

(d) other published scientific and technical information available on production and use of
the chemical.

(e)

(f)

(g)

PART VI –LICENCE TO DEAL IN HAZARDOUS CHEMICALS

12. License to import, export, store, manufacture, formulate, re-package or use
hazardous chemicals
(1) A person shall not import, export, manufacture, formulate, re-package, distributeion, store
or use, for commercial or industrial purpose, a hazardous chemical without a licence issued
by the Authority in accordance with the Act and these Regulations.

(2) A person shall not, without a licence issued by the Authority in accordance with the Act
and these Regulations import, manufacture, formulate, re-package, store, sell, distribute,
export, re-export or use restricted hazardous chemicals exempted under regulation 8 and
listed under Schedule 3 to these Regulations.

(3) A person intending to import or export a hazardous chemical referred to under Part X in
these regulations shall in addition to the license required under subregulation (1) obtain prior
informed consent from the Designated National Authority for each consignment to be
imported or exported.

13. Application for licence

(1) A person referred to in Regulation 12 shall apply to the Authority for a license in the
format set out in Schedule 5 to these Regulations, accompanied by proof of payment of the
fee prescribed in Schedule 6 to these Regulations.

(2) An application referred to in subregulation (1) shall, in respect to the manufacture,

formulation, repackaging or storage of hazardous chemicals, be accompanied by a copy of a
certificate of approval of environmental and social assessment for the facility granted in
accordance with the Act and the National Environment (Environment and Social Assessment)
Regulations, 2020.

(3) The Authority shall subject to regulation 14, upon receipt of complete application, submit
the application to the committee for consideration in accordance with Regulation 16.

14. Consultations
(1) The Authority may consult a relevant lead agency, private sector or any other relevant
stakeholder before making a decision on an application under this Part.

(2) The lead agency, technical committee, private sector or any other stakeholder consulted
under subregulation (1) shall review the application and submit their comments and
recommendations on the application within fourteen days of receipt of the application from
the Authority or such lesser period as determined by the Authority.
(3) The Authority shall, where it receives comments from a lead agency under subregulation
(2), submit the comments together with the complete application to the committee for
consideration in accordance with Regulation 16.

15. Publication of notice of intention to issue a licence

(1) The Authority may, where it deems necessary and at the cost of the applicant, publish its
intention to issue a licence to import, manufacture, export, store, formulate, re-package or use
a hazardous chemical in a newspaper of national circulation and any other media at least
fifteen days before the issuance of the licence.

(2) The notice under subregulation (1) shall contain—

(a) the name and address of the applicant;

(b) the proposed site or activity, where appropriate;

(c) where applicable, the invitation to the public to make comments within the period
specified in the notice; and

(d) any other information the Authority may deem necessary.

16. Processing of application for a licence

(1) The committee Authority shall process applications for the import, export, manufacture,
storage, formulation, re-packaging or use hazardous chemicals under these Regulations, and
make recommendations to the Authority within fourteen days from the date of receipt of the
complete application under regulation 13 (3) or 14 (3).

(2) The committee Authority shall, in processing applications under these Regulations,
where applicable, take into account comments and recommendations received under
regulation 14 and 15.

(3) The committee Authority may, in processing the application—

(a) conduct inspections that are necessary to enable it to make an informed decision
regarding—
 (i) the availability of adequate and appropriate facilities and equipment to
import, export, store, manufacture, formulate re-package or use the hazardous
chemical for which the application is made;

(ii) measures for the protection of human health and the environment;

(iii) any other specific measure that may be deemed necessary; and

(b) verify that the applicant has demonstrated technical capacity to manage the chemicals;

(c) consider the possible effects of the chemicals on the environment;

(d) verify that the applicant is aware of the toxicity and hazardous nature of the chemical and
the risk involved in its use and handling;

(e) confirm that the applicant has adequate and appropriate facilities and equipment to
import, manufacture, formulate or re-package the chemicals or chemical products;

(f) verify that the applicant has plans and appropriate means to dispose of chemical waste,
including expired hazardous chemicals and containers of chemicals in accordance with
the National Environment (Waste Management) Regulations 2020;

(g) verify that the applicant meets any other relevant requirements of the Act, these
Regulations, environmental standards and any other written law; and

(h) take into account any other measures as are necessary to ensure compliance with the
relevant requirements of the Act, these Regulations, environmental standards and any
other written law.; and

(i) make recommendations to the Authority in respect to the application.

17. Considerations before issuance of licence

(1) The Authority shall, before issuing a licence under this regulation consider the
recommendations made by the committee under regulation 16(3)(i);

(12) The Authority may before issuance of a license require an applicant to —

(a) provide samples or undertake analysis of the hazardous chemical that is subject of the
application;

(b) take out an insurance policy.

18. Financial security

(1) The Authority may, in accordance with section 141 of the Act, require an applicant for a
licence to provide a financial security.

(2) The financial security referred to in subregulation (1) may include –

(a) an on-demand bank guarantee in the format set out in Schedule 5 to these
Regulations;
(b) insurance;
(c) performance bonds;
(d) escrow agreements; or
(e) any other form of credit or similar security as the Authority may determine.

(4) The financial security shall guarantee—

(a) environmental remediation where there is need for immediate response action to
acute chemical pollution occasioned by the chemical management activity of the
person handling chemicals;
 (b) decommissioning, restoration and after-care procedures of the chemical management
facility where such procedures have not been carried out to the satisfaction of the
Authority;

(c) the cost of managing any environmental remediation, clean up, decommissioning,
restoration and after-care procedures where the person managing chemicals is
declared insolvent; or

(d) any other situation that the Authority may deem necessary.

(5) The Authority may, in determining the financial security to be provided by the applicant
under subregulation (1), take into consideration—

(a) the type and quantity of chemicals the applicant is authorised to handle;
(b) the possible costs related to decommissioning, restoration and after-care
procedures;

(c) the location of the activity;

(d) the potential cost of clean-up operations for the hazardous chemicals that may
not be handled by the applicant; and

(e) the risks associated with the chemical management activity.

19. Insurance
(1) An applicant for a licence under this Part shall take out an insurance policy prior to the
grant of a licence.

(2) The insurance policy required under this Part shall cover environmental risks likely to
arise out of the chemical management operations, including harm caused to human health or
the environment, and damage to a third party’s property caused by operations of the chemical
management activity.

20. Environmental risk assessment

(1) The Authority may require a person seeking to obtain a licence under these Regulations to
conduct an environmental risk assessment in accordance with section 114 of the Act and the
National Environment (Environmental and Social Assessment) Regulations, 2020.

(2) The environmental risk assessment conducted under subregulation (1) shall include—

(a) identification of hazards, in accordance with Schedule 4 to these Regulations;

(b) vulnerability analysis, including exposure assessment;

 (c) risk analysis, including a proposal of risk reduction measures; and

(d) risk response, to manage the identified risks.

21. Issuance of licence

(1) The Authority may, after being satisfied that the applicant meets the requirements of the
Act and these Regulations, issue a licence to import, export, manufacture, formulate, re-
package, store or use chemicals in the format set out in Schedule 5 to these Regulations
within sixty days from the date of receipt of a complete applications.

(2) A licence issued under this regulation shall not be transferable.

22. Conditions in a licence

The Authority may, in issuing a licence under regulation 21(1), impose conditions, including
as appropriate, requirements relating to—

(a) use of the chemical;

(b) compliance with conditions of a certificate of approval of environmental and social

impact assessment;

(c) qualifications and experience of the personnel;

(d) safety and health of the workforce, including provision of appropriate personal
protective equipment or facilities, appropriate training for the workforce and periodic
health checks in accordance with the Occupational Safety and Health Act, 2006;
(e) handling, transport, storage or disposal of chemicals, including requirements for
facilities and equipment;

(f) fitness for purpose of the facility;

(g) safety data sheet for the chemical;

(h) the type and total amount of chemicals permitted to be managed at any time;

(i) the need to obtain a financial security in accordance with regulation 18;

(j) the need to subscribe to an insurance policy in accordance with regulation 19;

(k) site specific measures;

 (l) pollution abatement, risk reduction and environmental standards, including control of
emissions, remediation or clean-up and disposal of chemical spillages, leakage,
obsolete chemicals and un-intentionally produced chemicals;

(m)suitable emergency plans and responses;

(n) decommissioning, remediation and after-care of the chemical management facility;

(o) additional measures for the protection of human health and the environment; and

(p) any other measure as the Authority may deem necessary.

23. Duration of licence

A licence issued under regulation 21(1) shall be valid for up to two years and may be
renewed in accordance with regulation 26.

24. Variation of licence

(1) The Authority may, after issuing a license under regulation 21, on its own initiative or on
the application of the licensee, vary the license on such terms and conditions as it considers
necessary.

(2) The reasons for variation of a license under subregulation (1) may be —
(a) to prevent deterioration or further deterioration of the environment;
 (b) to prevent harm or further harm to the human health;
(c) to comply with prescribed health, safety and environmental standards and
safeguards;
(d) to cater for previously unforeseen circumstances that impact on human health
or the environment;
(e) due to advance in technology; or
(f) for any other reasons the Authority may consider relevant.

(3) An application by the licensee for variation of a license shall be made in Form 5 set out in
Schedule 5 to these Regulations

(4) The application under subregulation (3) shall be accompanied by the fee prescribed in
Schedule 6 to these Regulations.

(5) Where the variation relates to substantive matters referred to under subregulation (2), the
Authority may require the licensee —

(a) to halt project activities until the variation has been made and an updated licence
has been issued;

(b) to conduct such investigations and assessments as the Authority may direct and to
submit to the Authority reports with any comments on those reports from interested
and affected parties; and

(c) to consult the relevant lead agency or other stakeholders in accordance with
regulation 14.

(6) Where the variation is at the initiative of the Authority, the Authority shall—

(a) notify the person managing the chemicals in writing of the proposed variation;

(b) give the person managing the chemicals an opportunity to comment on the proposed
variation in writing; and
 (c) if necessary, consult the relevant lead agency or other stakeholders in accordance with
regulation 12, and accord them the opportunity to submit to the Authority written
comments on the proposed variation.

(7) The Authority shall, within twenty-one days of completion of the process contemplated
for substantive variations in subregulation (2)—

(a) vary or decline to vary the licence; and

(b) notify the person importing, manufacturing, formulating, re-packaging or storing

chemicals and other interested or affected parties, if any, of the decision and its
reasons.

(8) Where the Authority varies the licence, the variation shall be without prejudice to any
liabilities or obligations which may have accrued on the person importing, manufacturing,
formulating or re-packaging chemicals before the variation was effected.

25. Suspension or revocation of licence

(1) The Authority may suspend or revoke a licence issued under regulation 21(1).

(2) The licence may be suspended or revoked where—

(a) information or data given by the applicant in the application or during consultations
was false, substantially incorrect or intended to mislead;

(b) information related to the conduct of the applicant which could have precluded the
approval of the application had it been available to the Authority, is brought to the
attention of the Authority;

(c) there is non-compliance with the Act, these Regulations or the conditions of a licence;

(d) it is necessary to protect human health or to prevent harm or further harm to the
environment, due to a situation that was not foreseen during the issuance of the
licence;

(e) the chemical in respect of which the licence was issued is either banned or prohibited;
or

(f) there is a substantial change or modification of the process or technology, the basis on
which the licence was issued, which may lead to adverse environmental impacts or
endanger human health or undermine safety.
(3) Where the Authority intends to suspend or revoke a licence, it shall—

(a) notify the licensee of the intention within fourteen days before the decision; and

(b) inform the licensee of their right to show cause why the licence should not be
suspended or revoked.

(4) A person given notice under subregulation (3) may give a written response to the
Authority within seven days from the date of receipt of the notice, stating the reasons why the
licence should not be suspended or revoked.

(5) The Authority may, after the expiration of the period specified in subregulation (4),
suspend or revoke the licence where—

(a) it is not satisfied with the reasons given by the applicant; or

(b) it has not received a response from the applicant.

(6) Notwithstanding subregulation (4), the Authority may, depending on the gravity of the
matter, suspend or revoke a licence issued under these Regulations, without notice and
immediately stop operations of the licensee.

(7) Where a licence is suspended or revoked under subregulation (5), the licensee shall stop
any further operations and undertake necessary remediation measures in a manner determined
by the Authority.

(8) Where a licence has been suspended and a licensee has undertaken remediation under
subregulation (7) to the satisfaction of the Authority, the person may apply to the Authority
for reconsideration.

26. Renewal of licence

(1) A person issued a licence under these Regulations may apply to the Authority for renewal
of the licence at least sixty days before the expiration of the licence.

(2) An application referred to under subregulation (1) shall be in the form set out in Schedule
5 to these Regulations.

(3) The application referred to under subregulation (1) shall be accompanied by—

(a) a copy of the current licence;

 (b) evidence of compliance with the conditions of the licence to be renewed, including
where applicable, the most recent environmental compliance audit report or
monitoring reports;

(c) evidence of submission of the annual report under section 177 of the Act;

(d)

(e) where applicable, a confirmation of the financial security, including insurance;

(f) proof of payment of the fee prescribed in Schedule 6 to these Regulations; and

(g) any other information that may be required by the Authority.

(4) The committee Authority shall process the application for renewal in accordance with this
Part.

(5) The Authority may, if satisfied renew a license in accordance with this part, and may, in
renewing the licence, impose any of the conditions specified in regulation 22.
27. Transfer of chemical management facility
(1) Where a licensee has made a decission to transfer a chemical management facility, the
licensee shall, at least sixty days to the date of the transfer notify the Authority in writing of
the intention to transfer the facility.

(2) The transferee shall, within the period stipulated under subregulation (1), apply to the
Authority for a licence in accordance with these Regulations using the form prescribed in
Schedule 5 to these Regulations.

(3) The application under subregulation (2) shall, in addition to the requirements of regulation
13 and the form in Schedule 5, state that the transferee shall be responsible for all the
liabilities of the chemical management facility and activities; and

(5) The Authority may, in accordance with regulations 21(1) and 22, approve the application
under this regulation.

(6) Where the Authority makes the decision to issue a new licence, it shall cancel or
withdraw the old licence before issuing the licence.

PART VII – STORAGE, LABELLING, PACKAGING AND TRANSPORTATION OF

HAZARDOUS CHEMICALS

28. Requirements for storage of hazardous chemicals

(1) A person who stores hazardous chemicals shall ensure that the chemicals are stored in a
manner that does not cause harm to human health or the environment.

(2) A storage facility for hazardous chemicals for which a licence is required under these
Regulations shall—

(a) be established based on an environmental risk assessment or an environmental and

social impact assessment, as applicable, undertaken in accordance with the Act, the
 National Environment (Environmental and Social Assessment) Regulations, 2020 and
any other written law;

(b) be located in an area that does not inconvenience or pose a risk to the neighboring
communities or pose a risk of pollution to fragile ecosystems;

(c) be constructed with sufficient interior space and be well-ventilated,; where applicable;

(d) have separate storage based on compatibility of the different categories of hazardous
chemicals ;

(e) have an impermeable surface surrounded by appropriate bunding to prevent leakage

to the ground, water and surrounding environment;

(f) contain appropriate storage containers that can be easily moved, where applicable;

(g) be secured to prevent unauthorized access;

(h) have appropriate labels and well -marked safety and warning signs;
(i) have a facility layout plan, including the storage capacity, chemical types to be stored;

(j) allow for ease of access to enable operations, monitoring and inspections;

(k) have utilities needed in emergencies and adequate fire-fighting equipment in

accordance with the approved national standards and industry best practice;

(l) have a separate office work area to protect the worker from exposure to the chemical;

(m)have provisions for handling of waste and potentially contaminated stormwater; and

(n) comply with any other requirements the Authority may deem necessary.
(3) Access to chemical storage areas shall be controlled and documented —

(a) to allow for an inventory of the chemicals to be undertaken as required;

(b) to avoid uncontrolled accumulation of chemicals and chemical waste; and

(c) to avoid tampering with the chemicals and risk of impacts on human health or the
environment.

(4) A storage or containment area set up under this regulation shall be appropriately marked
with hazard and safety signage in accordance with the Globally Harmonized System, and
contain adequate tactile warning devices and security information..

(5) A person who stores hazardous chemicals referred to in subregulation (1) shall establish
adequate procedures so that immediate corrective measures can be taken in the event of
accidents or incidents.

(6) A person who stores hazardous chemicals referred to in subregulation (1) shall ensure that
the stores are supervised by a competent person.

29. Labelling of hazardous chemicals

(1) A container or package containing hazardous chemicals shall be labelled in accordance
with the Globally Harmonised System, written in English in easily legible characters as deter-
mined by the Authority.

(2) The label referred to in subregulation (1) shall be permanently fixed to the container or
package and may have a translation in a relevant local language, where necessary, which
translation shall not cover or erase the original label.

(3) The label referred to under subregulation (1) shall include the following information as
appropriate—

(a) the identity of the chemical, including chemical name, classification and category of
the chemical which should match the identifier indicated in the safety data sheet;
(b) the net contents;

(c) flash point;

(d) information communicating the nature of hazard of the chemical aligned to the GHS
label elements as detailed below and in accordance with Schedule 7 to these
Regulations:

(i) a symbol or hazard pictogram to convey health, physical and/or environmental

hazard information assigned to a GHS hazard class and category;
(ii) signal words: “Danger” or “Warning” used to emphasize hazards and indicate
the relative severity of the hazard assigned to a GHS hazard class and
category. Danger for more severe hazards and warning for less severe hazards;
(iii) hazard statements which are standard phrases assigned to a
hazard class and category that describe the nature of hazard;
(iv)precautionary statements and pictograms indicating measures to minimize or
prevent adverse effects;
(v) product identifier (ingredient disclosure) indicating name or number used for a
hazardous product on the label or in the Safety Date Sheets;
(vi)supplier identification indicating the name, address and telephone number on
the label; and
(vii) supplementary information – including any other information as
may be required by the Authority;

(e) shelf life of the chemical where applicable;

 (f) instructions on safe handling and use;

(g) a statement directing the user to read the label before handling of the chemical; and

(h) emergency contact information.

(4) The Authority may determine the size and font of the pictogram, symbols and words re-
ferred to in subregulation (3)(f).

(4) The Authority may determine the size and font of the pictogram, symbols and words
referred to in subregulation (3)(f).

30. Packaging of hazardous chemicals

(1) A licencee is responsible for proper packaging of the chemicals.

(2) The container or packaging material referred to in subregulation (1) shall be suitable for
the purpose and shall—
(a) be compatible to the chemical to be packaged in it;

(b) not be reactive to the chemical or change the nature of the chemical;

(c) be closed at all times during storage and transportation;

(d) be clearly labelled on the outside in accordance with these Regulations;

(e) for hazardous chemicals available for consumers, have a childproof mechanism;
(f) be durable so as to contain the chemical safely;

(g) contain fastenings that are strong and secure throughout, to ensure that they will not
loosen and will meet the normal stresses and strains of handling;

(h) in the case of replaceable fastening, contain well fitted fastenings that can be
repeatedly refastened without the contents of the container or packaging escaping;

(i) not cause harm to persons involved in handling the chemicals, the neighbouring
community and the environment in general.
(3) Without prejudice to the general effect of subregulation (2), the Authority may develop
additional guidelines for packaging of specific chemicals covered by these Regulations.

(4) All primary containers for hazardous chemicals shall be provided with up-to-date safety
data sheets with instructions for handling of the hazardous chemicals, including safety
precautions in accordance with environmental standards, the Globally Harmonized System.

(5) A person shall not—

(a) place hazardous chemicals in an unclean container that previously held a material
which is incompatible with the chemical; or

(b) use a container which has been used for hazardous chemicals to store, hold or
transport water, food, animal feed or a product which may directly or indirectly
become part of food for human consumption or animal feed.

(6) For the avoidance of doubt, containers used to carry hazardous chemicals which cannot be
reused for similar purposes, are considered hazardous waste to be managed in accordance
with the National Environment (Waste Management) Regulations 2020.

Transportation or Distribution of Hazardous Chemicals

31. Transportation or distribution of hazardous chemicals

(1) A person who transports or distributes hazardous chemicals shall, in accordance with the
Roads Act, 2019 and national standards, ensure that—

(a) the transportation or distribution of the chemicals is conducted in a manner that does
not cause leakage or spillage of the chemicals or the release of harmful gases,
particles or noxious smells;

(b) the vessel used for transportation of the hazardous chemicals or other means of
conveyance of the chemicals uses designated routes, if any; and,

(c) the chemicals are accompanied with safety data sheets for the identification of
chemicals.; and
(2) The person who transports or distributes hazardous chemicals shall not permit
unauthorised access to the vessel used for the transportation or distribution of the chemicals.

(3) A vessel carrying hazardous chemicals shall be labelled or have a placard securely affixed
to the exterior surface of bulk containers.

(4) The label [or placard] in regulation (3) shall—

(a) have a pictogram consistent with the globally harmonized system for classification
and labelling of chemicals relating to transportation;

(b) include a signal word and hazard statement codes consistent with the globally
harmonized system for classification and labelling of chemicals relating to
transportation;

(c) be affixed to both sides and at the rear of the vehicle or bulk container;

(d) have the appropriate labels [or placards] displayed on each side at the position of the
relevant compartments and at the rear of the vessel or bulk container, where the vessel
or bulk container has multiple compartments and carries two or more hazardous
chemicals;

(e) have both labels [placards] displayed adjacent to each other where the more than one
label [or placard] is required;

(f) be readily visible and legible;

(g) be able to withstand open weather exposure without a substantial reduction in

effectiveness;

(h) be so placed on the package that it is not covered or obscured by any part or
attachment to the packaging or any other label or marks;

(i) be displayed next to each other when more than one label is required;

(j) be attached to the package by a securely affixed tag or other suitable means where a
package is of such irregular shape or small size that the label cannot be satisfactorily
affixed; and,

(k) be affixed on two opposite sides for intermediate bulk containers and large packaging.
 (l) be displayed in fluorescent and legible characters, in a colour contrasting with the
background;

(m) conform in terms of color, symbol and general format, with the requirements for
labelling under transportation of dangerous goods in accordance with the globally
harmonized system for classification and labelling of chemicals; and,

(n) not contain any warranties, guarantees or liability exclusion clauses inconsistent with
the Act or these Regulations; and

(4) The person who transports or distributes hazardous chemicals shall ensure that the vessel
used for transportation or distribution of the chemicals is not used for any other purpose not
compatible with the chemicals.

(5) The person who transports or distributes hazardous chemicals shall install electronic
tracking systems for vessels used in the transportation of hazardous chemicals.

(6) The person who transports or distributes hazardous chemicals shall provide access to real
time vessel tracking information to the Authority and relevant lead agency upon request.

32. Movement of hazardous chemicals on waters

(1) Transportation of hazardous chemicals on water bodies in Uganda shall be in accordance
with the Inland Water Transport Act, 2021.

(2) A person transporting hazardous chemicals on water shall ensure that the transportation
complies with the Act and does not cause harm to the environment or human health.

PART VIII EMERGENCY PREPARDNESS AND RESPONSE

33. Precautionary measures

A licensee shall, in accordance with the Act, the Occupational Safety and Health Act, 2006,
and where applicable, an environmental risk assessment undertaken under regulation 20, put
in place and maintain at a chemical management facility—

(a) warning, hazard and safety systems appropriate to the nature of operations at the
facility; and
 (b) measures to prevent fire or explosions, accidental reactions of the chemicals with
other substances, uncontrolled releases of hazardous substances or damage to the
structural integrity of the chemical management facility.

34. Emergency preparedness and response

(1) A licensee shall establish an emergency preparedness and response system based on an
environmental risk assessment undertaken in accordance with the Act, the National
Environment (Environmental and Social Assessment) Regulations, 2020 and any other
written law.

(2) The emergency preparedness and response system established under subregulation (1)
shall be documented in an emergency preparedness and response plan.

(3) The emergency preparedness and response plan made under subregulation (2) shall, as
applicable, contain—

(a) the location of the chemical management facility in sufficient detail;

(b) the site lay out;

(c) a description of the available emergency response equipment, actions and vessels;

(d) a description of the hazardous chemicals managed by the facility;

(e) the maximum number of persons likely to be present at the facility on a normal
working day, the emergency planning assumptions, including emergency measures
planned for identified incidents and areas likely to be affected;

(f) the response resources available or that can be called for, to control an incident,
hazard or accident;
 (g) the emergency response procedures and command structures; and

(h) notification procedures.

(4) The notification procedures referred to under subregulation (4)(h) shall include the mode
of immediate notification of the Authority and relevant lead agency where there is a chemical
incident or accident leading to acute pollution or harm to human health or the environment.

(5) A licensee shall ensure that employees are equipped with skills and are regularly trained
and instructed on how to handle emergency situations.

(6) The emergency preparedness and response plan prepared in accordance with
subregulation (2) shall be reviewed annually or such other shorter period as may be deemed
necessary, to ensure that the measures put in place are effective during an emergency.

(7) A licencee shall keep a record of each review carried out under subregulation (6),
including—

(a) the measures, systems, procedures, equipment or other factors reviewed;

(b) a description of the review methods;

(c) the date of the review of each component;

(d) the results of the review; and

(e) description and date of any corrective action.

(8) The record referred to in subregulation (7) shall be available for inspection by the
Authority or other authorised officer.

35. Operational shutdowns and emergencies

(1) A licensee shall prepare a plan for proper handling of the chemicals in the event of
operational shutdowns and emergencies.

(2) The plan developed under subregulation (1) shall indicate—

 (a) the period of operational shutdown;

(b) emergency procedures;

(c) how the chemicals will be handled during operational shutdown or emergency;

(d) the availability of fire-fighting and other emergency equipment and personnel; and

(e) any other information for the proper shutdown and handling of emergencies.

(3) The personnel working within the chemical management facility shall be trained in
emergency prevention, preparedness and response.

(4) The plan prepared under subregulation (1) shall be made available to the Authority or an
authorised officer upon request.

PART VIII – CHEMICAL CONTAMINATED SITES

36. Chemical contaminated sites

(1) The Authority shall, in accordance with the National Environment (Waste Management)
Regulations, 2020 and in consultation with the relevant lead agency, identify and assess sites
contaminated by hazardous chemicals, including persistent organic pollutants, mercury or
mercury compounds, lead, cyanide, arsenic and polonium.

(2) The person whose activities cause contamination of any aspects of the environment by
chemicals shall clean up and restore the chemical contaminated site and put in place measures
to reduce the risks to human health and the environment.

(3) The measures referred to under subregulation (2) shall be environmentally sound and
shall incorporate—
(a) site identification and characterisation;

(b) public engagement and consultation;

(c) human health and environmental risk assessments;

(d) options for managing the risks posed by contaminated sites;

(e) evaluation of benefits and costs;

 (f) validation of outcomes; and

(g) remediation of contaminated sites, including those contaminated by persistent organic

pollutants, mercury and mercury compounds, lead, cyanide, arsenic and polonium.

(4) Where the source of contamination cannot be traced, the Authority may undertake
remediation in collaboration with a relevant lead agency and in accordance with the National
Environment (Waste Management) Regulations, 2020.

PART IX – TRANSBOUNDARY MOVEMENTS ON HAZARDOUS CHEMICAL

37. Transboundary movement of hazardous chemicals

(1) Where a person intends to import a hazardous chemical that is severely restricted or
banned under the Rotterdam Convention on Prior Informed Consent on International Trade in
Hazardous Chemicals, a prior informed consent shall be obtained from the Designated
National Authority.

(2) A person who imports, exports or re-exports hazardous chemicals into or from Uganda
shall only use the ports of entry and exit designated under Schedule 5 to these Regulations.

(3) A person who imports, exports or re-exports hazardous chemicals into or from Uganda
shall submit to the customs officer—

(a) a copy of safety data sheets;

(b) a copy of the certificate of origin of the chemical, where applicable;

 (c) packaging lists;

(d) a copy of a certificate of analysis;

(e) certificate of conformity, as applicable;

(f) a copy of the licence issued under these Regulations, when applicable;

(g) a copy of an import or export licence for specific chemicals issued by the lead
agencyresponsible for trade, where applicable;

(h) evidence of prior informed consent, where applicable; and

(i) any other information as the Authority or the Uganda Revenue Authority may deem
necessary.

(3) A person who imports, exports or re-exports hazardous chemicals into or from Uganda
shall ensure conformity to applicable national standards.

38. Hazardous chemicals in transit through Uganda

(1) A person transporting hazardous chemicals through Uganda shall ensure that—

(a) the chemicals transported conform to the accompanying documents;

(b) the chemicals are packaged in containers meeting the specifications in regulations 29
and 30, and bear a seal of the relevant lead agency or authority for the transit period;

(c) there is evidence of consent from the Designated National Authority of the state of
final destination of the chemicals, for chemicals under the Rotterdam Convention on
Prior Informed Consent on International Trade in Hazardous Chemicals ;

(d) the Designated National Authority has been notified about the transportation and has
consented to it;
 (e) the transportation within Uganda is carried out in compliance with the laws of
Uganda; and

(f) the chemicals are not disposed of or abandoned in Uganda.

(2) A person transporting hazardous chemicals through Uganda shall ensure that the
chemicals are accompanied by a notification document in Form II set out in Schedule 5 to
these Regulations.

(3) A person who transits any hazardous chemical through Uganda is liable for any damage
to the environment or harm to human health caused by the chemical.

(4) An authorised officer may take samples for verification of any hazardous chemical and
product transiting through Uganda and may request the police to escort the transit chemicals
and products up to the exit border.

39. Notification procedures and prior informed consent.

(1) The Designated National Authority shall, in the event of transboundary movement of
hazardous chemicals under regulation 37, obtain the consent of the Competent National
Authority of the other state referred to under regulation 37(2)(h) and 38(1)(c) by sending—

(a) a copy of the movement document in Form I set out in Schedule 7 to these
Regulations;

(b) the notification document for the transboundary movement of chemicals in Form II
set out in Schedule 7 to these Regulations; and
 (c) the comments that the Designated National Authority may have made on the
documents.

(2) The Designated National Authority may transmit the documents referred to in
subregulation (1) to the other state or international body designated under any agreement or
arrangement to which Uganda is a Party for comments from the body.

PART X –ARTICLES CONTAINING HAZARDOUS CHEMICALS

40. Articles containing hazardous chemicals

The Authority shall, in consultation with the relevant lead agencies, ensure that measures and
standards are put in place for the regulation of articles containing hazardous chemicals.

Management of Mercury, Mercury Compounds and Mercury added Products

41. Prohibition and restrictions on use of mercury or mercury compounds

(1) A person shall not –
 (a) use mercury and mercury compounds or release emissions of mercury from gold and
other mining and processing activities;
(b) use mercury or mercury compounds in chlor-alkali production after the phase out date
of 2025; or

(c) undertake a manufacturing process in which mercury or mercury compounds are used
as a catalyst.

(2) The manufacturing process referred to under subregulation (1)(c) shall include where
mercury or mercury compounds are used in the production of acetaldehyde, vinyl chloride
monomer, sodium or potassium methylate, ethylate or polyurethane

(3) A person shall not –

(a) carry out Acetaldehyde production in which mercury or mercury compounds

Acetaldehyde production in which mercury or mercury compounds are used as a
catalyst.
(b) import, manufacture, use or recycle batteries if their mercury content is above two per
cent.

(c) import, manufacture, use or recycle switches and relays with a mercury content of
more than twenty milligrams per bridge, switch or relay.

(d) import, manufacture, use or recycle compact fluorescent lamps for general lighting
purposes that are less or equal to thirty watts with a mercury content exceeding five
milligrams per lamp burner.

(e) import, manufacture, use or recycle triband phosphor linear fluorescent lamps for
general lighting purposes of less than sixty watts with a mercury content exceeding
five milligrams per lamp.
(f) import, manufacture, use or recycle halophosphate phosphor linear fluorescent lamps
for general lighting purposes of less than forty watts with a mercury content
exceeding ten milligrams per lamp.

(g) import, manufacture, use or recycle high pressure mercury vapour lamps for general
lighting purposes.

(h) import, manufacture, use or recycle mercury in cold cathode fluorescent lamps and
external electrode fluorescent lamps for electronic displays of—

(i) short length being less than or equal to five hundred millimetres, with mercury
content exceeding three and a half milligrams per lamp;

(ii)medium length being greater than five hundred millimetres and less than or equal to
one thousand five hundred millimetres, with mercury content exceeding five
milligrams per lamp; or
 (iii) long length being greater than one thousand five hundred millimetres with
mercury content exceeding thirteen milligrams per lamp.

(i) import, manufacture, use, repackage cosmetics with mercury content above 1ppm,
including skin lightening soaps and creams.

(j) import, manufacture, use, repackage pesticides, biocides and topical antiseptics
containing mercury.

(k) import, manufacture, use or recycle non-electronic measuring devices including

barometers, hygrometers, manometers, thermometers and sphygmomanometers
except non-electronic measuring devices installed in large-scale equipment or those
 used for high precision measurement, where no suitable mercury-free alternative is
available.

(4) A person shall not manufacture, import and export the following products after 2025:

(i) Compact fluorescent lamps with an integrated ballast (CFL.i) for general lighting
purposes that are ≤ 30 watts with a mercury content not exceeding 5 mg per lamp
burner
(ii) Cold cathode fluorescent lamps (CCFL) and external electrode fluorescent lamps
(EEFL) of all lengths for electronic displays, not included in the current listing
(iii) Strain gauges to be used in plethysmographs;
(iv) Melt pressure transducers, melt pressure transmitters and melt pressure sensors ex-
cept those installed in large-scale equipment or those used for high precision meas-
urement, where no suitable mercury-free alternative is available
(v) Mercury vacuum pumps
(vi) Tire balancers and wheel weights
(vii) Photographic film and paper
(viii) Propellant for satellites and spacecraft.

42. Exemptions for use of mercury in manufacturing processes

(1) The Authority may, subject to Part II of Schedule 3 to these Regulations, exempt specific
manufacturing processes, in accordance with these Regulations, where a person demonstrates
that—
 (a) the manufacturing process provides significant environmental and health benefits; and

(b) there are no technically and economically feasible mercury-free alternatives available
to provide the benefits in paragraph (a).

(2) Where the exemption is granted under subregulation (1), the responsible person shall in
addition to the measures in Part II of Schedule 3 to these Regulations—

(a) keep an inventory of the amount of mercury or mercury compounds used in the
facility annually;

(b) take measures to reduce emissions and releases of mercury or mercury compounds
from the facility;
 (c) use best available techniques and best environmental practices to control emissions
from the facility;

(d) include in an annual report information on the measures taken under these
Regulations; and

(e) take any other measures as may be deemed necessary by the Authority.

(3) The information in subregulation (2) shall be made publicly available.

43 Dental amalgam and vaccines containing thiomersal as preservatives

(1) A health care giver with dental facilities shall—
 (a) ensure installation of an amalgam separator;

(b) stop the use of dental amalgam;

(c) Stop the use of dental amalgam in women of child bearing age, except when
considered necessary by the dental practitioner based on the needs of the patient and
obtaining patient’s informed consent;

(d) Stop the use of mercury in bulk form for dental restoration;

(e) Use dental amalgam to its encapsulated form before the phase out date;

(f) stop the use of dental amalgam in dental restorations after the phase out date under
the Minamata Convention of Mercury; and

(g)take measures to transition to mercury-free dental restoration techniques.

(2) The Authority shall, in collaboration with the lead agency responsible for dental health,
put in place measures to minimisze and phase down the use of dental amalgam.

(3) The measures referred to in subregulation (2), shall include—

 (a) promotion of research and development of quality mercury-free materials for dental
restoration;

(b) requirement for representative professional organizations and dental schools to

educate and train dental professionals and students on the use of mercury-free dental
restoration alternatives and on promoting best management practices;

(c) promotion of the use of best environmental practices in dental facilities to reduce
releases of mercury and mercury compounds to water and land when used before
phase-down;

(d) restriction of the use of dental amalgam to its encapsulated form before the phase out
date;

(e) promotion of the use of cost-effective and clinically effective mercury-free

alternatives for dental restoration;

(f) facilitatation of transition to mercury-free dental restoration techniques beyond the

phase down date; and

(g) ensure that health insurance schemes do not favour dental amalgam use over
mercury-free dental restoration.

(4) The Authority shall, in collaboration with the lead agency responsible for vaccines,
put in place measures to minimize and phase down the use of vaccines containing
thiomersal as preservatives.

PART XI – PUBLIC INFORMATION, AWARENESS, EDUCATION AND

RESEARCH

44. Register of hazardous chemicals

(1) The Authority shall maintain a register of chemicals regulated under these Regulations.

(2) The register referred to under subregulation (1) shall-

(a) contain the information submitted under regulation 11 and 12; including;

(i) IUPAUC name of chemical;

(ii) structural formula;

(iii) properties of the chemical, including associated hazards and general control
measures;

(iv)an assessment of the risks that the use of the chemical may pose and how these
risks should be controlled;

(v) classification;

(vi)supply and use restrictions;

 (vii) end use or application of the chemical and

(viii) any other information from safety data sheet.

(b) establish a record of hazardous chemicals that are imported, manufactured, formulated,
re-packaged or stored in the country;

(c) document the risks and hazards associated with the hazardous chemicals; and

(d) facilitate traceability of hazardous chemicals throughout their lifecycle.

(3) Without prejudice to subregulation (2)(a), the Authority shall keep a record of chemicals
listed under schedule…, particularly those restricted in accordance with regulation 8, which
shall include-

(a) the volume of the chemical polychlorinated biphenyls in kilogrammes for local
destruction, import and export;

(b) the volume of the chemical in kilogrammes of persistent organic pollutants imported,
manufactured and exported per year;

(c) the volumes of the chemical dichloro-diphenyl-trichloroethane (DDT) manufactured

and used per year;

(d) volume in kilogrammes of pentachlorobenzene per year;

(e) volume in kilogrammes of hexachlorobenzene per year;

(f)
(g) the volume in kilogrammes, location and condition of stockpiles of persistent organic
pollutantsthe chemical;

(4) The Authority shall keep the register established under this regulation updated regularly.

(5) The Authority shall make available to the public, information on the status of registration
of a chemical, available health and safety information and restrictions where applicable.

(65) Subject to the Constitution and the Access to information Act, 2005, other information in
the register maintained under subregulation (1) may be made accessible to the public upon
request and payment of the fee prescribed in Schedule 6 to these Regulations.

(76) The Authority may every two years publish information on the status of hazardous
chemicals regulated under these Regulations.
(86) The Authority, relevant lead agency or stakeholder may use the information registered
under this regulation—

(a) to ascertain the type of chemicals or chemical products in the country;

(b) to ascertain the substances present in chemical mixtures;

(c) to determine the final uses of a chemical or chemical product;

(d) to manage chemicals according to their properties and quantity;

(e) to prepare and plan for risk control measures regarding chemicals and chemical
products;

(f) to raise awareness about chemicals and chemical products;

(g) to facilitate access to data on chemicals and chemical products;

(h) to facilitate regular updating of the national chemicals management profile; or

(i) to prepare reports for decision and policy making.

45. Exchange of information

The Authority shall collaborate with relevant lead agencies in the exchange of scientific,
technical, economic and legal information on hazardous chemicals, including—

(a) toxicological, ecotoxicological and safety information;

(b) information on the reduction or elimination of import, manufacture, export, re-export,
use, emissions and releases of persistent organic pollutants, mercury and mercury
compounds and other hazardous chemicals;

(c) information on technically and economically viable alternatives to—

(i) persistent organic pollutants, mercury and mercury compounds and other
hazardous chemicals;

(ii) manufacturing processes in which hazardous chemicals are used; and

(iii) activities and processes that emit or release persistent organic pollutants,
mercury and mercury compounds and other hazardous chemicals, including
information on the health and environmental risks, economic and social costs and
benefits of such alternatives; and
 (d) information on the health impacts associated with exposure to persistent organic
pollutants, mercury and mercury compounds and other hazardous chemicals.

46. Research, development and monitoring

The Authority shall, in collaboration with the relevant lead agency, academic and research
institutions and industry, encourage and undertake appropriate research, development,
monitoring and cooperation pertaining to persistent organic pollutants, mercury and mercury
compounds, artisanal gold mining and other processes that use hazardous chemicals,
including—

(a) inventories of sources, use, consumption, and anthropogenic emissions to air and
releases to water, land and the wider environment;

(b) modelling and geographically representative monitoring of presence, levels and trends
of persistent organic pollutants, mercury and mercury compounds and other
hazardous chemicals in humans, particularly vulnerable populations, and in the
environment, including biotic media as well as collaboration in the collection and
exchange of relevant and appropriate samples;

(c) release reduction or elimination;

(d) harmonised methodologies for making inventories of generating sources and

analytical techniques for the measurement of releases;
 (e) technical and economic availability of persistent organic pollutant-free products and
processes, mercury-free products and processes; and

(f) best available techniques and best environmental practices to reduce and monitor
emissions and releases of persistent organic pollutants, mercury, mercury compounds,
mercury-added products, lead, cyanide, arsenic, polonium and other hazardous
chemicals.

47. Public information, awareness and education

(1) The Authority shall, in collaboration with a relevant lead agency, promote and facilitate
public information on—

(a) persistent organic pollutants, mercury and mercury compounds, lead, cyanide, arsenic,
polonium and other hazardous chemicals and chemical products regulated under these
Regulations;
 (b) the health and environmental effects of persistent organic pollutants, mercury and
mercury compounds, lead, cyanide, arsenic, polonium and other hazardous chemicals
and chemical products;

(c) alternatives to persistent organic pollutants, mercury and mercury compounds and
other hazardous chemicals and chemical products; and

(d) results of research, development and monitoring activities for persistent organic
pollutants, mercury and mercury compounds, lead, cyanide, arsenic, polonium and
other hazardous chemicals and chemical products.

(2) The Authority in consultation with a lead agency shall—

(a) promote and facilitate awareness among policy and decision makers with regard to
persistent organic pollutants, mercury and mercury compounds, lead, cyanide, arsenic,
polonium and other hazardous chemicals and chemical products;

(b) develop and implement, especially for women, children and other vulnerable groups,
educational and public awareness programmes on persistent organic pollutants,
mercury and mercury compounds, lead, cyanide, arsenic, polonium and other
hazardous chemicals and chemical products, as well as on their effect on health and
environment and available alternatives;

(c) encourage public participation in addressing persistent organic pollutants, mercury

and mercury compounds, lead, cyanide, arsenic, polonium and other hazardous
chemicals and chemical products and their health and environmental effects and in
developing adequate responses; and

(d) train workers, scientists, educators, technical and managerial personnel on persistent
organic pollutants, mercury and mercury compounds, lead, cyanide, arsenic, polonium
and other hazardous chemicals and chemical products.
 PART XII – COMPLIANCE AND ENFORCEMENT

48. Chemical records by a person

(1) A licensee shall—

(a) keep records of the quantities and characteristics of the chemicals managed,
including a chain-of-custody transfer of the chemicals indicating—

(i) the type and quantities of the chemicals;

(ii) the classification of the chemicals;

(iii) copy of the safety data sheets;

(iv) the method of handling and storage; and

(v) in the case of hazardous chemical waste, the disposal method.

(b) an operating record, including measurements and monitoring records of chemical

discharges and emissions in respect of the manufacturing and formulating;

(c) incident reports, including actions taken where applicable; and

 (d) medical records of employees and contractors.

(2) A person who imports, manufactures, formulates, re-packages or stores lead, polonium,
arsenic, cyanide and mercury shall in addition to the records under subregulation (1),
maintain record of quantities supplied to end-users.

(3) The records referred to in subregulation (1) shall include electronic records and shall be
continuously updated and kept for a minimum period of ten years.

(4) The records maintained under subregulation (1) shall be made available to the Authority,
a lead agency or an authorisedauthorized officer upon request.

49. Chemical annual reports

(1) A person licensed under these Regulations shall, by the 31 st of January of each year, in
addition to the requirements of section 177 of the Act, submit to the Authority an annual
report on chemicals handled in the preceding year in the format set out in Schedule 9 to these
Regulations, including, where applicable information on—

(a) the type, name, amount and properties of chemicals and chemical product imported,
manufactured, formulated or re-packaged;

(b) health and safety measures against the hazards associated with exposure to chemicals
and chemical products; and

(c) any other information the Authority may deem necessary.

(2) Where special reporting requirements are included in the conditions of a licence under
these Regulations, such requirements shall be additional to the requirements of subregulation
(1).

50. Provision of samples and anlaysis

(1) The Authority may require the licencee, at their expense—

(a) to install metering devices and monitoring devices, where applicable; and

(b) to take samples for analysis as the Authority may direct.

(2) The licensee shall, when requested by the Authority, provide—

(a) a sample of the hazardous chemical;

 (b) a sample of the technical grade of the active ingredients of the chemicals;

(c) a sample of the analytical standard of the active ingredients of the chemicals; and

(d) any other sample as may be required by the Authority.

(3) The Authority or authorised officer may take samples of any chemicals and article
containing hazardous chemicals in accordance with section 128 of the Act.

(4) The Authority may request the licensee to submit a chemical to a designated laboratory
for analysis.

(5) The Authority or an authorised officer may, in writing request the designated laboratory
to analyse a sample taken in accordance with section 123 of the Act.

51. Monitoring and inspection

(1) The Authority or relevant lead agencies may conduct regular inspections and monitoring
of the chemical management facilities and activities to—
 (a) assess or monitor compliance with the requirements of the Act, these Regulations,
the Occupational Safety and Health Act, 2006, any other written law, environmental
standards and conditions in licences and permits;

(b) ascertain that appropriate measures are in place, including safety measures, for
avoiding and minimising the consequences of incidents or accidents arising from the
chemical management activity on human health and the environment; or

(c) verify any information submittedinformation submitted to the Authority.

(2) The Authority or relevant lead agency may, by use of electronic cargo tracking system or
other tracking mode, monitor hazardous chemicals whether transiting or destined for Uganda.

PART XIII– OFFENCES, PENALTIES AND ADMINISTRATIVE MEASURES

52. Offences and penalties

(1) A person required to register a hazardous chemical in accordance with regulation 11, who
does not do so, commits an offence and is liable, on conviction—

(a) in the case of an individual, to a fine not exceeding ten thousand currency points or
imprisonment not exceeding seven years or both;
 (b) in the case of a body corporate, to a fine not exceeding fifty thousand currency points;

(c) in the case of a continuing offence, to a fine not exceeding two thousand currency
points in respect of each day or part of day on which the offence continues; or

(d) in respect of a second or subsequent contravention, to a higher penalty not exceeding

ten thousand currency points or imprisonment not exceeding 10years or both.

(2) A person who neglects to keep records or to comply with the administrative measures
under these Regulations commits an offence and is liable, on conviction—

(a) in the case of an individual, to a fine not exceeding five thousand currency points or
imprisonment not exceeding two years or both;

(b) in the case of a body corporate, to a fine not exceeding fifty thousand currency points;
or

(c) in the case of a continuing offence, to a fine not exceeding two thousand currency
points in respect of each day or part of day on which the offence continues.

53. Administrative measures and fines

(1) Without prejudice to penalties imposed by a competent court, the Authority may—

(a) give a written warning to a person issued a licence under these Regulations;

(b) stop and inspect a vessel used for the transportation of hazardous chemicals;

(c) enter upon any premises or facility used for chemical management;
(d) order the person issued a licence under these Regulations to immediately suspend or
terminate an activity where there is acute risk of harm to human health or the
environment;

(e) stop operations or close a chemical management facility that does not comply with the
requirements of a licence issued under these Regulations;

(f) impose an administrative penalty prescribed by law on the person issued a licence
under these Regulations;

(g) impose a surcharge of five percent of the amount required to be paid which is in
default for each day of default;

(h) confiscate property, equipment, substance or other thing believed to have been used in
committing an offence under these Regulations;

(i) take samples for analysis at the expense of the facility owner or operator;

(j) order payment of costs and expenses incurred by the Authority or authorised person in
administering the measures under this regulation;

(k) order the person issued a licence under these Regulations to take samples and analyse
them as the Authority may direct;

(l) order the immediate removal of hazardous chemicals in case of spillage, seepage or
any other form of entry into the environment; or
 (m)make such other order in respect of chemicals regulated under these Regulations as
the Authority may deem necessary.

PART XIV– MISCELLANEOUS

545.Transition
(1) Any person dealing in hazardous chemicals before the commencement of these
regulations shall within 12 months from the date of commencement –

(a) Classify, label and provide Safety Data Sheet of hazardous chemicals in
accordance with regulations …, …, and …
(b) apply for registration of the hazardous chemical where the chemical is not in
the register in accordance with regulation …; and
(c) apply for a license in accordance with Part

(2) A person who contravenes subregulation (1) commits an offence, and is liable on
conviction to a fine not exceeding … or imprisonment not exceeding … or both.
 SCHEDULE 1

Regulation 3

CURRENCY POINT

A currency point is equivalent to twenty thousand Uganda shillings.

 SCHEDULE 2

Regulation 4

PROHIBITED CHEMICALS

Part I: Chemicals Prohibited Under the Stockholm Convention on Persistent Organic

Pollutants

No. Chemical CAS Number

1. Aldrin CAS No: 309-00-2

2. Alpha hexachlorocyclohexane CAS No: 319-84-6

3. Beta hexachlorocyclohexane CAS No: 319-85-7

4. Chlordane CAS No: 57-74-9

5. Chlordecone CAS No: 143-50-0

6. Dieldrin CAS No: 60-57-1

7. Technical eEndosulfan and its CAS No: 115-29-7

related isomers CAS No: 959-98-8 and CAS No: 33213-65-
9

8. Endrin CAS No: 72-20-8

9. Heptachlor CAS No: 76-44-8

10. Hexabromobiphenyl CAS No: 36355-01-8

11. Hexabromocyclododecane hexabromocyclododecane

(CAS No: 25637-99-4),
 1,2,5,6,9,10-hexabromocyclododecane (CAS
No: 3194-55-6) and its main
diastereoisomers:
alpha- hexabromocyclododecane
(HBCD) (CAS No: 134237-50-6);
beta-hexabromocyclododecane (CAS No:
134237-51-7); and
gamma-hexabromocyclododecane (CAS No:
134237-52-8).

12. Hexabromodiphenyl ether 2,2',4,4',5,5'-hexabromodiphenyl ether

and (BDE-153, CAS No: 68631-49-2),
heptabromodiphenyl ether 2,2',4,4',5,6'-hexabromodiphenyl ether
(BDE-154, CAS No: 207122-15-4),
2,2',3,3',4,5',6-heptabromodiphenyl ether
(BDE-175, CAS No: 446255-22-7),
2,2',3,4,4',5',6-heptabromodiphenyl ether
(BDE-183, CAS No: 207122-16-5) and
other hexa- and heptabromodiphenyl ethers
present in commercial octabromodiphenyl
ether.

13. Hexachlorobenzene CAS No: 118-74-1

14. Lindane CAS No: 58-89-9

15. Mirex CAS No: 2385-85-5

16. Pentachlorobenzene CAS No: 608-93-5

17. Polychlorinated biphenyls (PCB) -

to be eliminated by 2025

18. Tetrabromodiphenyl ether 2,2',4,4'-tetrabromodiphenyl ether (BDE-47,

and CAS No: 5436-43-1) and
pentabromodiphenyl ether 2,2',4,4',5-pentabromodiphenyl ether (BDE-
99, CAS No: 60348-60-9)
and other tetra- and pentabromodiphenyl
ethers present in commercial
pentabromodiphenyl ether

19. Toxaphene CAS No: 8001-35-2

20 Dicofol CAS No. 115-32-2

CAS No. 10606-46-9
21 Hexachlorobutadiene CAS No: 87-68-3

22 Alpha hexachlorocyclohexane CAS No: 319-84-6

23 Polychlorinated naphthalenes, CAS No: 70776-03-3

including dichlorinated
naphthalenes, trichlorinated
naphthalenes, tetrachlorinated
naphthalenes, pentachlorinated
naphthalenes, hexachlorinated
naphthalenes, heptachlorinated
naphthalenes, octachlorinated
naphthalene
24 Decabromodiphenyl ether (BDE- CAS No: 1163-19-5
209) present in commercial
decabromodiphenyl ether

25 Perfluorooctanoic acid (PFOA), Perfluorooctanoic acid (PFOA; CAS No.

its salts and PFOA-related 335-67-1), including any of its branched
isomers;
compounds
(ii) Its salts;
(iii) PFOA-related compounds which, for the
purposes of these regulations, are any
substances that degrade to PFOA, including
any substances (including salts and
polymers) having a linear or branched
perfluoroheptyl group with the moiety
(C7F15)C as one of the structural elements

26 Short-chain chlorinated paraffins For example, the substances with the

(Alkanes, C10-13, chloro)+: straight- following CAS numbers may contain short-
chain chlorinated hydrocarbons chain chlorinated paraffins:
with chain lengths ranging from CAS No. 85535-84-8;
C10 to C13 and a content of
chlorine greater than 48 per cent CAS No. 68920-70-7;
by weight CAS No. 71011-12-6;
CAS No. 85536-22-7;
 CAS No. 85681-73-8;
CAS No. 108171-26-2.

27 Perfluorooctane sulfonic acid, its CAS No: 1763-23-1

salts and perfluorooctane sulfonyl CAS No: 307-35-7
fluoride;
For example: potassium
perfluorooctane sulfonate
(CAS No: 2795-39-3);
lithium perfluorooctane
sulfonate
(CAS No: 29457-72-5);
ammonium perfluorooctane
sulfonate
(CAS No: 29081-56-9);
diethanolammonium
perfluorooctane sulfonate
(CAS No: 70225-14-8);
tetraethylammonium
perfluorooctane sulfonate
(CAS No: 56773-42-3);
didecyldimethylammonium
perfluorooctane sulfonate
(CAS No: 251099-16-8)

28 Pentachlorophenol and its salts CAS No. 87-86-5

and esters
Part II: Mercury-added products prohibited under the Minamata Convention On
Mercury

Item Mercury-added products Phase out

date
1. Batteries, except for button zinc silver oxide 2020
batteries with a mercury content < 2% and button
zinc air batteries with a mercury content < 2%
2. Switches and relays, except very high accuracy 2020
capacitance and loss measurement bridges and
high frequency radio frequency switches and
relays in monitoring and control instruments with
a maximum mercury content of 20 mg per bridge,
switch or relay
3. Compact fluorescent lamps (CFLs) for general 2020
lighting purposes that are ≤ 30 watts with a
mercury content exceeding 5 mg per lamp burner
4. Linear fluorescent lamps (LFLs) for general lighting 2020
purposes:
(a) Triband phosphor < 60 watts with a mercury
content exceeding 5 mg per lamp;
(b) Halophosphate phosphor ≤ 40 watts with a
mercury content exceeding 10 mg per lamp
5. High pressure mercury vapour lamps (HPMV) for 2020
general lighting purposes
6. Mercury in cold cathode fluorescent lamps and 2020
external electrode fluorescent lamps (CCFL and
EEFL) for electronic displays:
(a) short length (≤ 500 mm) with mercury content
exceeding 3.5 mg per lamp
(b) medium length (> 500 mm and ≤ 1 500 mm)
with mercury content exceeding 5 mg per lamp
(c) long length (> 1 500 mm) with mercury content
exceeding 13 mg per lamp
7. Cosmetics (with mercury content above 1ppm), 2020
including skin lightening soaps and creams, and
not including eye area cosmetics where mercury
 is used as a preservative and no effective and safe
substitute preservatives are available.
Note: The intention is not to cover cosmetics, soaps or
creams with trace contaminants of mercury.
8. Pesticides, biocides and topical antiseptics 2020
9. The following non-electronic measuring devices 2020
except non-electronic measuring devices installed
in large-scale equipment or those used for high
precision measurement, where no suitable
mercury-free alternative is available:
(a) barometers;
(b) hygrometers;
(c) manometers;
(d) thermometers;
(e) sphygmomanometers.
10. Acetaldehyde production in which mercury or mercury 2018
compounds Acetaldehyde production in which mercury or
mercury compounds are used as a catalyst
Mercury-added products excluded from phase out
1. Products essential for civil protection and military uses.

2. Products for research, calibration of instrumentation, for use

as reference standard.
3. Where no feasible mercury-free alternative for replacement is
available, switches and relays, cold cathode fluorescent lamps
and external electrode fluorescent lamps (CCFL and EEFL) for
electronic displays, and measuring devices.
4. Products used in traditional or religious practices
5. Vaccines containing thiomersal as preservatives.
 SCHEDULE 3

Regulation 5, 10(2)

RESTRICTED CHEMICALS

Part I: Industrial Chemicals Subject to the Prior Informed Consent Procedure

Chemical Relevant CAS number(s)

1. Asbestos:
 Actinolite  77536-66-4
 Anthophyllite  77536-67-5
 Amosite  12172-73-5
 Crocidolite  12001-28-4
 Tremolite  77536-68-6
2. Commercial octabromodiphenyl
ether including:
 Hexabromodiphenyl ether  36483-60-0
 Heptabromodiphenyl ether  68928-80-3
3. Commercial pentabromodiphenyl
ether including:
 Tetrabromodiphenyl ether  40088-47-9
 Pentabromodiphenyl ether  32534-81-9
4. Hexabromocyclododecane  25637-99-4
 3194-55-6
 134237-50-6
 134237-51-7
 134237-52-8
5. Perfluorooctane sulfonic acid,
perfluorooctane sulfonates,
perfluorooctane sulfonamides and
perfluorooctane sulfonyls including:

 Perfluorooctane sulfonic acid  1763-23-1

 Potassium perfluorooctane  2795-39-3
sulfonate
 Lithium perfluorooctane  29457-72-5
sulfonate
 Ammonium perfluorooctane  29081-56-9
sulfonate
 Diethanolammonium  70225-14-8
perfluorooctane sulfonate
 Tetraethylammonium  56773-42-3
perfluorooctane sulfonate
  Didecyldimethylammonium  251099-16-8
perfluorooctane sulfonate
 N-Ethylperfluorooctane  4151-50-2
sulfonamide
 N-Methylperfluorooctane  31506-32-8
sulfonamide
 N-Ethyl-N-(2-hydroxyethyl)  1691-99-2
perfluorooctane sulfonamide
 N-(2-hydroxyethyl)- N-  24448-09-7
methylperfluorooctane
sulfonamide
 Perfluorooctane sulfonyl fluoride  307-35-7
6. Polybrominated biphenyls (PBB)  36355-01-8 (hexa-)
 27858-07-7 (octa-)
 13654-09-6 (deca-)
7. Polychlorinated biphenyls (PCB) 1336-36-3
8. Polychlorinated terphenyls (PCT) 61788-33-8
9. Short-chain chlorinated paraffins 85535-84-8
10. Tetraethyl lead 78-00-2
11. Tetramethyl lead 75-74-1
12. Tris (2,3-dibromopropyl) phosphate 126-72-7
13. All tributyltin compounds**
including:  56-35-9
 Tributyltin oxide  1983-10-4
 Tributyltin fluoride  2155-70-6
 Tributyltin methacrylate  4342-36-3
 Tributyltin benzoate  1461-22-9
 Tributyltin chloride  24124-25-2
 Tributyltin linoleate  85409-17-2
 Tributyltin naphthenate
* Only the CAS numbers of parent compounds are listed.
**Pesticide and/or Industrial.

Regulations 36(13) and 38(1).

Part II: Restricted mercury-using processes

Item Mercury using process Measures required
1. Vinyl chloride monomer i) Reduce the use of mercury in terms of per
production unit production by 50 per cent from year
2020 against 2010 use;
ii) Reduce the reliance on mercury from
primary mining;
iii) Reduce emissions and releases of mercury
to the environment;
iv) Support research and development in
respect of mercury-free catalysts and
processes;
v) Do not use mercury 5 years after it has
been established that mercury-free
catalysts based on existing processes have
become technically and economically
feasible.
2. Sodium or Potassium i) Reduce the use of mercury aiming at the
Methylate or Ethylate phase out of this use as fast as possible by
2023;
ii) Reduce emissions and releases in terms of
per unit production by 50 per cent from
the year 2020 compared to 2010;
iii) Do not use fresh mercury from primary
mining;
iv) Support research and development in
respect of mercury-free processes;
v) Do not use mercury 5 years after it has
been established that mercury-free
processes have become technically and
economically feasible.
3. Production of polyurethane i) Reduce the use of mercury, aiming at the
using mercury containing phase out of this use as fast as possible, by
catalysts 2023;
ii) Reduce the reliance on mercury from
primary mercury mining;
iii) Reduce emissions and releases of mercury
to the environment;
iv) Support Research and development in
respect of mercury-free catalysts and
processes.
 SCHEDULE 4

Regulation 7(1), 19(2)(a).

CLASSIFICATION OF HAZARDOUS CHEMICALS

Hazard Description
Classification
A Physical Hazards
1. Explosives Are assigned to one of six subcategories depending on the
type of hazard they present, as used in the UN Dangerous
Goods System.
2. Flammable gases Gases are category 1 flammable if they start to flame in a
range in air at 20 °C (68 °F) and a standard pressure of
101.3 kPa. Category 2 is Non-flammable and non-toxic
gases, and category 3 is toxic gases. Substances and
mixtures of this hazard class are assigned to one of two
hazard categories on the basis of the outcome of the test or
calculation method.
3. Flammable liquid Liquid with a flash point of not more than 93 °C (199.4 °F).
Substances and mixtures of this hazard class are assigned to
one of four hazard categories on the basis of the flash point
and boiling point. A pyrophoric liquid is a liquid that, even
in small quantities, is liable to ignite within five minutes
after coming into contact with air. Substances and mixtures
of this hazard class are assigned to a single hazard category
on the basis of the outcome of the UN Test N.3.
4. Flammable solid One that is readily combustible or may cause or contribute
to fire through friction. Readily combustible solids are
powdered, granular, or pasty substances which are
dangerous if they can be easily ignited by brief contact with
an ignition source, such as a burning match, and if the flame
spreads rapidly. it is further divided into; 1) flammable
solids and 2) polymerizing substances.
5. Self-reactive Thermally unstable solids liable to undergo a strongly
substances exothermic thermal decomposition even without
participation of oxygen (air), other than materials classified
as explosive, organic peroxides or as oxidizing.
6. Pyrophoric Colloquially described as spontaneously combusting
substance substances are those solids or liquids that even in small
 quantities are liable to ignite within five minutes after
coming into contact with air. Substances and mixtures of
this hazard class are assigned to a single hazard category on
the basis of the outcome of the UN Test N.2.
7. Self-heating Self-heating solids or liquids, other than a pyrophoric
substances substance, is one which, by reaction with air and without
energy supply, are liable to self-heat. Substances and
mixtures of this hazard class are assigned to one of two
hazard categories on the basis of the outcome of the UN
Test N.4. Substances which on contact with water emit
flammable gases are liable to become spontaneously
flammable or to give off flammable gases in dangerous
quantities. Substances and mixtures of this hazard class are
assigned to one of three hazard categories on the basis of
the outcome of UN Test N.5, which measures gas evolution
and speed of evolution. Flammable aerosols can be
classified as Class 1 or Class 2 if they contain any
component, which is classified as flammable.
8. Oxidizing Contain; 1) category 1: oxidizing substances and 2)
substances and category 2: organic peroxides, organic liquids or solids that
organic peroxides contain the bivalent -O-O- structure and may be considered
a derivative of hydrogen peroxide, where one or both of the
hydrogen atoms have been replaced by organic radicals.
The term also includes organic peroxide formulations
(mixtures).
Substances and mixtures of this hazard class are assigned to
one of seven 'Types', A to G, on the basis of the outcome of
the UN Test Series A to H.
9. Substances Substances or mixtures that by chemical action will
corrosive to metal materially damage or even destroy metals. These substances
or mixtures are classified in a single hazard category on the
basis of tests (Steel: ISO 9328 (II): 1991 - Steel type P235;
Aluminum: ASTM G31-72 (1990) - non-clad types 7075-
T6 or AZ5GU-T66). The GHS criteria are a corrosion rate
on steel or aluminum surfaces exceeding 6.25 mm
(0.246063in) per year at a test temperature of 55 °C
(131°F).
10.
B Health hazards
1. Acute toxicity Includes five GHS categories from which the appropriate
elements relevant to transport, consumer, worker and
environment protection can be selected. Substances are
assigned to one of the five toxicity categories on the basis of
LD50 (oral, dermal) or LC50 (inhalation).
2. Skin corrosion Means the production of irreversible damage to the skin
following the application of a test substance for up to 4
hours. Substances and mixtures in this hazard class are
assigned to a single harmonized corrosion category.
3. Skin irritation Means the production of reversible damage to the skin
following the application of a test substance for up to 4
 hours. Substances and mixtures in this hazard class are
assigned to a single irritant category.
4. Serious eye damage Means the production of tissue damage in the eye, or
serious physical decay of vision, following application of a
test substance to the front surface of the eye, which is not
fully reversible within 21 days of application. Substances
and mixtures in this hazard class are assigned to a single
harmonized category.
5. Eye irritation Means changes in the eye following the application of a test
substance to the front surface of the eye, which are fully
reversible within 21 days of application. Substances and
mixtures in this hazard class are assigned to a single
harmonized hazard category.
6. Respiratory Means a substance that induces hypersensitivity of the
sensitizer airways following inhalation of the substance. Substances
and mixtures in this hazard class are assigned to one hazard
category.
7. Skin sensitizer Means a substance that will induce an allergic response
following skin contact. The definition for "skin sensitizer"
is equivalent to "contact sensitizer". Substances and
mixtures in this hazard class are assigned to one hazard
category.
8. Germ cell Means an agent giving rise to an increased occurrence of
mutagenicity mutations in populations of cells and/or organisms.
Substances and mixtures in this hazard class are assigned to
one of two hazard categories. Category 1 has two
subcategories.
9. Carcinogenicity Means a chemical substance or a mixture of chemical
substances that induce cancer or increase its incidence.
Substances and mixtures in this hazard class are assigned to
one of two hazard categories. Category 1 has two
subcategories.
10. Reproductive Includes adverse effects on sexual function and fertility in
toxicity adult males and females, as well as developmental toxicity
in offspring. Substances and mixtures with reproductive
and/or developmental effects are assigned to one of two
hazard categories, 'known or presumed' and 'suspected'.
Category 1 has two subcategories for reproductive and
developmental effects. Materials which cause concern for
the health of breastfed children have a separate category:
effects on or via Lactation.
11. Specific target Category distinguishes between single and repeated
organ toxicity exposure for Target Organ Effects. All significant health
(STOT) effects, not otherwise specifically included in the GHS,that
can impair function, both reversible and irreversible,
immediate and/or delayed are included in the non-lethal
target organ/systemic toxicity class (TOST). Narcotic
effects and respiratory tract irritation are considered to be
target organ systemic effects following a single exposure.
Substances and mixtures of the single exposure target organ
 toxicity hazard class are assigned to one of three hazard
categories. Substances and mixtures of the repeated
exposure target organ toxicity hazard class are assigned to
one of two hazard categories.
12. Aspiration hazard Includes severe acute effects such as chemical pneumonia,
varying degrees of pulmonary injury or death following
aspiration. Aspiration is the entry of a liquid or solid
directly through the oral or nasal cavity, or indirectly from
vomiting, into the trachea and lower respiratory system.
Substances and mixtures of this hazard class are assigned to
one of two hazard categories this hazard class on the basis
of viscosity.
C Substitute Sometimes it is possible to replace hazardous substances
substances with substances featuring a reduced health risk. As an
assistance to assess possible substitute substances, the
Institute for Occupational Safety and Health of the German
Social Accident Insurance (IFA) has developed the Column
Model. On the basis of just a small amount of information
on a product, substitute substances can be evaluated with
the support of this table. The current version from 2020
already includes the amendments of the 12th CLP
Adaptation Regulation 2019/521.[7]
D Environmental
hazards
1. Hazardous to Acute aquatic toxicity means the intrinsic property of a
aquatic environment material of causing injury to an aquatic organism in a short-
term exposure. Substances and mixtures of this hazard class
are assigned to one of three toxicity categories on the basis
of acute toxicity data: LC50 (fish) or EC50 (crustacean) or
ErC50 (for algae or other aquatic plants). In some
regulatory systems these acute toxicity categories may be
subdivided or extended for certain sectors.
2. Hazardous to Chronic aquatic toxicity means the potential or actual
aquatic environment properties of a material to cause adverse effects to aquatic
organisms during exposures that are determined in relation
to the lifecycle of the organism. Substances and mixtures in
this hazard class are assigned to one of four toxicity
categories on the basis of acute data and environmental fate
data: LC50 (fish) or EC50 (crustacea) or ErC50 (for algae
or other aquatic plants) and degradation or bioaccumulation.
3. Hazardous to the Any of the controlled substances listed in Annexes to the
Ozone layer Montreal Protocol; or Any mixture containing at least one
ingredient listed in the Annexes to the Montreal Protocol, at
a concentration of ≥0.1%
E Classification of mixtures
Classification of mixtures is based on the following steps:
1. Where toxicological or ecotoxicological test data are
available for the mixture itself, the classification of the
mixture will be based on that data;
2. Where test data are not available for the mixture itself,
 then the appropriate bridging principles should be applied,
which uses test data for components and/or similar
mixtures;
3. If (1) test data are not available for the mixture itself, and
(2) the bridging principles cannot be applied, then use the
calculation or cutoff values described in the specific
endpoint to classify the mixture.

SCHEDULE 5

Form I

Regulation 10(1) and (2), 25(2), 26(1)(b), 34(3).

APPLICATION FOR A LICENCE/RENEWAL OF A LICENCE TO DEAL IN

HAZARDOUS CHEMICALS
(To be completed in Triplicate)
(Delete what is not applicable)

Application Reference No_________________

Licence No and date of issue___________________________ (in case of renewal)
Application for license to (tick as appropriate):
• import;
• export;
• store;
• manufacture;
• formulate;
• re-package;
• use

Part A: General
1. Name or trade name of applicant
___________________________________________________________________
___________________________________________________________________

2. Legal status of the applicant (whether individual, partnership or company; and attach
certified copy of certificate of incorporation/registration)
___________________________________________________________________
___________________________________________________________________

Tax Identification Number (TIN)_________________________

4.. Contact details of applicant
(a) Postal address: __________________________________________________
(b) Physical address: ________________________________________________
 (b) Telephone No ___________________________________________________
(d) E-mail address:__________________________________________________

4. Location of Facility (where applicable) (district/county/subcounty/parish/village)

___________________________________________________________________
___________________________________________________________________

5. Valid trading licence, import or export licence and date obtained (attach a copy)

___________________________________________________________________
___________________________________________________________________

6. qualifications and experience of the applicant or their agent in chemical management

(Describe and attach supporting documents)
___________________________________________________________________
___________________________________________________________________

9. The hazardous chemicals to be traded or dealt in

___________________________________________________________________
___________________________________________________________________

10. CAS number, trade name, common name of the chemical and structural formula of the
active ingredient

11. Composition of mixtures where

appropriate___________________________________________________-
________________
___________________________________________________________________

12. Registration number (where applicable)

 Harmonised customs code for the hazardous chemicals in accordance with the World
Customs Harmonized System code of nomenclature;

13. Port of entry

__________________________________________________________________
___________________________________________________________________

12. The quantity of the chemical to be manufactured, imported, exported, formulated,

repackaged, stored or used
___________________________________________________________________
___________________________________________________________________

13. The purpose and intended use of the chemical, including safety precautions and safety
data sheets
___________________________________________________________________
___________________________________________________________________

14. The proposed mode of transport, handling and storage for the chemical
___________________________________________________________________
___________________________________________________________________

15. Nature of packaging material that will be used for the chemical
16. Expected shelf-life

17. Measures for the containment of leakage;

18. A take back mechanism for the packaging and expired chemicals
___________________________________________________________________
___________________________________________________________________

17. Proposed disposal methods of expired and unused chemicals

___________________________________________________________________
___________________________________________________________________

Part B: Where the application is for import of hazardous chemicals, the following shall be
additional;

1. The country of origin of the chemical or product or country from which the chemical or
product is consigned

___________________________________________________________________
___________________________________________________________________

2. The name and full address of the supplier or manufacturer

___________________________________________________________________
___________________________________________________________________

3. The final destination for the chemical

___________________________________________________________________
___________________________________________________________________
4. Measures for the containment of leakage.

___________________________________________________________________
___________________________________________________________________

Part C: Where the application is for export;

1. The nature of chemical or product to be exported or re-exported
___________________________________________________________________
___________________________________________________________________

2. The country to which the chemical is to be exported or re-exported

___________________________________________________________________
___________________________________________________________________

3. The name and address of the intended recipient

___________________________________________________________________
___________________________________________________________________

4. A request for issuance of a certificate of export, accompanied with a movement document

in the format set out in Schedule 7 to these Regulations.
___________________________________________________________________
___________________________________________________________________

5. Evidence that the consent of the designated national authority of the state to which the
restricted chemical or product is to be exported and, where applicable, the country
through which the applicant intends to move the restricted chemical or product, has been
obtained.
___________________________________________________________________
___________________________________________________________________

Part D: Where the application is for manufacture of hazardous chemicals the following
shall be additional.
1. Where applicable, a description of the technical competence and experience of the
applicant, and proof of availability of a qualified and experienced chemist or other
competent person to supervise the manufacturing process
__________________________________________________________________
___________________________________________________________________
2. Location of the Facility

___________________________________________________________________

3. Proof of the financial capacity of the applicant Delete??

___________________________________________________________________
___________________________________________________________________

4. Description of manufacturing facilities, equipment and processes

___________________________________________________________________
___________________________________________________________________

5. Intended use, method, rate [of use] and frequency of application

___________________________________________________________________
___________________________________________________________________

6. Hazard properties of the chemicals to be manufactured.

7. a copy of a certificate of approval of environmental and social assessment for

the facility granted in accordance with the Act and the National Environment
(Environment and Social Assessment) Regulations, 2020.
___________________________________________________________________
___________________________________________________________________

Part E: Where the application is for.

1. A description of the nature and type of vessels and equipment to be used for
transportation of the chemicals (include registration number and model as appropriate)
___________________________________________________________________
___________________________________________________________________

2. Proof of safety checks of the transportation vehicles for road worthiness and suitability to
transport the chemicals from a competent Government ministry, department or agency
(attach copy of certificate of road worthiness)
___________________________________________________________________
___________________________________________________________________

3. Carriage capacity of the vessel to be used in transportation of chemicals

___________________________________________________________________
___________________________________________________________________

4. Quantity of chemicals per vessel to be transported (tonnes/kg per annum) and source of
chemicals
___________________________________________________________________
 ___________________________________________________________________

5. Collection schedule for the transportation of the category of chemicals for which the
licence is sought
___________________________________________________________________
___________________________________________________________________

6. Licensed sites or plant to which the chemicals are to be transported (attach additional
information if necessary)
___________________________________________________________________
___________________________________________________________________

Part F: Where the application is for storage of chemicals;

1. Proposed location of the storage facility (Plot No. village, parish, sub-county, county,
district/municipality)
___________________________________________________________________
___________________________________________________________________

2. Description of the layout and design of the facility, including ventilation or other measures,
and suitability for storage of the specified chemicals (describe and attach proposed
structural plans, including site layout and decommissioning plans)
___________________________________________________________________
___________________________________________________________________

3. Source of the chemicals (i.e. where the chemicals were collected from to the point of
storage).
___________________________________________________________________
___________________________________________________________________

4. Type of chemicals to be stored and describe whether liquid, solid or gaseous and their
possible impacts.
___________________________________________________________________
___________________________________________________________________

5. Quantity of chemicals to be stored in kg or tonnes for solids; or in cm3 if liquids or gases

and capacity of disposal site
___________________________________________________________________

6. Type of containers in which the chemicals are to be packaged

___________________________________________________________________
___________________________________________________________________

7. Labels on the container (describe and attach sample)

___________________________________________________________________
___________________________________________________________________

8. Are there any other materials stored or to be stored in the facility? (describe)
___________________________________________________________________
___________________________________________________________________
9. Description of the surroundings of the facility (whether industrial, residential, commercial
and whether it is near schools or recreational areas)
___________________________________________________________________
___________________________________________________________________

10. Duration of storage applied for

___________________________________________________________________
___________________________________________________________________

11. Final destination of the chemicals

___________________________________________________________________
___________________________________________________________________

12. Description of safety measures at the facility

___________________________________________________________________
___________________________________________________________________

13. Measures for containment and treatment of leakage or leachate, if applicable

___________________________________________________________________
___________________________________________________________________

G. RESTRICTED CHEMICALS

F. Facility Compliance Record in the case of renewal of licence.

1. Is the chemical management facility in operation? Yes _____ No ______ Partially
_______ (Tick as appropriate)
(a). If Yes, please provide date when the chemical management facility started operation.
___________________________________________________________________
___________________________________________________________________

(b). If partially, provide details

___________________________________________________________________
___________________________________________________________________

(c). If No, please provide reasons for non-operation.

___________________________________________________________________
___________________________________________________________________

2. Is an Environment Management System (EMS) including a risk management plan

established and implemented for the facility?
Yes_____ No_____

(a) If yes, provide summary of the Environmental Policy, and level of implementation of
the EMS.
___________________________________________________________________
___________________________________________________________________

3. Is the environmental management and monitoring plan unto date?

Yes _____ No ______ (Tick as appropriate)
 If No, indicate how it will be updated if the chemical management facility is renewed.
___________________________________________________________________
___________________________________________________________________

4. Will the renewal of the licence come with new developments or modification of the
chemical management facility?
Yes _____ No ______ Partially _______ (Tick as appropriate)

If Yes, attach a report of the developments or modifications

___________________________________________________________________
___________________________________________________________________

Part H: Final provisions and attachments

1. Any other information/approvals
___________________________________________________________________
___________________________________________________________________

2. Attach a copy of the current licence (if application is for renewal)

_______________________________________________________
_______________________________________________________

3. Attach evidence of compliance with the conditions of a licence to be renewed including

where applicable, a summary of the most recent environmental compliance audit report
and where available, the response of the Authority to the audit report (if application is for
renewal)
4. Attach a copy of the most recent annual report (if application is for renewal)
5. Where applicable, attach a confirmation of the financial security (if application is for
renewal)
6. Attach a record of safety equipment and measures applied before, including the best
available technology and best environment management practices (if the application is
for renewal).
___________________________________________________________________
___________________________________________________________________

I declare that the information stated in this application is correct true and correct to the best
of my knowledge.
Signature: ____________________________________________________
Name of applicant______________________________________________
Designation and title of applicant___________________________________
Contact information (phone number, e-mail and other)
_______________________________________________________
_______________________________________________________

Date: _______________________________________________________
Note:
1. The applicant shall lodge an application for renewal of a licence within sixty days prior to
the expiry of the current licence.
2. The applicant shall be notified in writing in case the Authority rejects the application for
renewal of the licence, with reasons for the rejection.
3. If the renewal of the licence is approved, a new licence shall be issued.
4. If the information given above is false, misleading, wrong or incomplete it may lead to a
rejection of the application or the suspension, withdrawal, amendment or cancellation of a
licence, if granted.
5. This form must be submitted in triplicate on payment of the prescribed fees to the
Authority

____________________________________________________________
(For Official Use Only)

Comments of the lead agency, and/or technical committee (attach additional comment as
necessary)
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
Where applicable, comments from the public (attach additional comments as necessary)
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________

Application received on ____________________20__________________

Fee paid Shs ___________ (in words) ____________________________

Inspections of the Authority

____________________________________________________________
____________________________________________________________
In respect of an application for storage of chemicals–

1. Type of facility
___________________________________________________________________
___________________________________________________________________

2. Adequacy of the facility

The availability of adequate and appropriate facilities and equipment to transport, store, of
chemicals for which the application is made.
___________________________________________________________________
___________________________________________________________________

In respect of an application for transportation of chemicals—

1. Registration number and model of vessels to transport chemicals

___________________________________________________________________
___________________________________________________________________

2. Proof of safety checks of the transportation vessels for road worthiness and suitability to
transport the chemicals from a competent authority (attach additional information if
necessary)
 ___________________________________________________________________
___________________________________________________________________

Comments of the Authority (attach additional comment as necessary)

___________________________________________________________________
___________________________________________________________________

Decision of the technical committeeAuthority on chemical management

___________________________________________________________________
___________________________________________________________________

Date _________________ ___________________

Executive Director.
 FORM II

APPLICATION FOR VARIATION OF LICENCE.

Details of applicant

Name of applicant _____________________________________________

Legal status of the applicant _____________________________________

TIN No______________________________________________________

Physical / postal address_________________________________________

____________________________________________________________

Telephone No.____________________ Fax No.______________________

E-mail ______________________________________________________

Details of current Licence

Reference No. of the current Licence. ___________

Date of issue of the current Licence.

____________

Previous applications (where applicable)

___________________________________________________________

____________________________________________________________
____________________________________________________________

Was the Licence previously varied?

____________________________________________________________
____________________________________________________________
____________________________________________________________ (Indicate dates
and details of variation)

Proposed variations to the conditions in current Licence

Requested variation(s) (specify)

____________________________________________________________
____________________________________________________________
___________________________________________________________
Justification for variation(s)
____________________________________________________________
____________________________________________________________
____________________________________________________________

(Attach other information, if necessary)

Implication of the variation(s) on the surrounding community and the environment

____________________________________________________________
____________________________________________________________
___________________________________________________________

(Attach other information, if necessary)

Describe any additional measures proposed to eliminate, reduce or control any adverse envi-
ronmental and social impact arising from the proposed variation(s)

____________________________________________________________
____________________________________________________________
______________________________________________________ (Attach other informa-
tion, if necessary) Declaration by applicant

I hereby certify that the particulars given above are correct and true to the best of my knowl-
edge and belief.

Dated this..........................day of...........................20...... .....................................

Name

_________________________ ___________________

Designation Signature

Note:

This Form must be submitted in duplicate on payment of the prescribed fees the Authority.
 SCHEDULE 6

Regulations 11(1), 25(3)(f), 34(3), 46(5).

FEES
Shs.
1. Application for licence 100,000.

2. Licence fee
(a) Import of chemicals 800,000.
(b) Manufacture, formulation, 800,000

(c) Re-packaging, store, use of chemicals 500,000.

(d) Export of chemicals 500,000.

3. Transboundary movement of chemicals:

Movement document for transboundary movement s500,000.

4. Information on the chemicals register cost of

reproduction where applicable

Rationale of fees: to cover administrative costs for processing the application, including
inspections, sittings of the technical committee on pollution control.
 SCHEDULE 7

Regulations 11(2)(b)(iv) and 33(1)(a)(b).

FORM I

FORM NEMA/HC/I
(To be completed in duplicate)
MOVEMENT DOCUMENT FOR HAZARDOUS CHEMICALS

1. Corresponding to notification No: 2. Serial/total number of shipments:

3. Exporter - notifier 4. Importer - consignee
Registration No:
Registration No: Name:
Name: Address:
Address: Contact person:
Contact person: Tel:
Tel: Fax:
Fax: E-mail:
E-mail:
5. Packaging Type(s): Number of packages:
Weight (kgs):
Special handling requirements: Yes : /No:
6. To be completed by transporter’s representative

6. (a) 1st Transporter): 7. (b) 2nd Trans- 8. (c) Last

porter: Transporter:
Registration No:
Registration No: Registration No:
Name: Name: Name:
Address: Address: Address:
Tel: Tel: Tel:
Fax: Fax: Fax:
E-mail: E-mail: E-mail:
Means of transport (1): Means of transport Means of transport
Date of transfer: ……… (1): (1):
Signature: …………… Date of transfer: Date of transfer:
Signature: ………. …….
Signature:
……………….
8. Source of chemical: 9. Physical characteristics of chemical:
Registration No:
Name:
Address:
Contact person:
Tel: Fax:
E-mail:
Site of generation (2):
10. Designation and composition of the 11. Chemical identification (fill in relevant
chemical: codes)
(i) UN class:
(ii) UN Number:
(iii) UN Shipping name:
(iv) Customs code(s) (HS): National code in
country of export:
National code in country of import:
(v) Other (specify):
12. Exporter’s - notifier’s declaration:
I certify that the above information is complete and correct to my best knowledge. I also
certify that legally enforceable written contractual obligations have been entered into,
that any applicable insurance or other financial guarantee is in force covering the
transboundary movement and that all necessary consents have been received from the
competent authorities of the countries concerned.
Signature:
Name:
Date:
For use by any person involved in the transboundary movement in case additional
information is required
13. Shipment received by importer - consignee (if not facility):
Name:
Date:
Signature:
FOR USE BY CUSTOMS OFFICES

14. Country of export - dispatch or customs 15. Country of import - destination

office of exit or customs office of entry
The chemical described in this movement The chemical described in this
document left the country on: movement document entered the
Date: country on:
Signature: Date:
Stamp Signature:
Stamp
Stamps of Customs Offices of transit countries

Name of country: Exit: Name of country: Exit:

Entry: Entry:
 Regulations 32(2), 33(1)(b).
Form II

FORM NEMA/HC/II
(To be filled in Quadruplicate)
FORM FOR NOTIFICATION FOR TRANSBOUNDARY MOVEMENT OF
HAZARDOUS CHEMICALS.

(for transit purposes only)

1. NOTIFIER1
Name: ____________________________________

Telephone: ________________________________

Postal and Physical Address: _________________

E-mail: __________________________________

Contact Person (name, address, telefax, e-mail):

Name: ____________________________________

Telephone: ________________________________

Postal and Physical Address: _________________

E-mail: ___________________________________

2. MANUFACTURER/FORMULATOR(S) OF CHEMICAL
Name: _____________________________________

Telephone:__________________________________

Postal and Physical Address: ___________________

E-mail: ____________________________________

Contact Person:
Name: _____________________________________

Telephone: _________________________________

Postal and Physical Address: ____________________________________

E-mail: _____________________________________________________

(Physical location of the premises)

____________________________________________________________

3. HAZARDOUS CHEMICALS
Description of the chemical:
___________________________________________________________________
___________________________________________________________________

Chemical Name and structural formulae of the active ingredients:

___________________________________________________________________
___________________________________________________________________

Trade and approved common name:

___________________________________________________________________
___________________________________________________________________

Classification of the chemical:

a) Use:
___________________________________________________________________
___________________________________________________________________

b) Natural hazard:
___________________________________________________________________
___________________________________________________________________

c) Source:
___________________________________________________________________
___________________________________________________________________

d) CAS no.:
___________________________________________________________________
___________________________________________________________________

Registration No. and references of the chemical in the country of origin:

___________________________________________________________________
___________________________________________________________________

Estimated quantity (kg or L) of the shipment:

___________________________________________________________________
___________________________________________________________________

Description of Packaging
a) size: ___________________________________________________________
b) material: ________________________________________________________
c) lining Number of packages: _________________________________________
Precaution and safety measures for handling chemicals and products including emergency
provisions in case of accidents:
___________________________________________________________________
___________________________________________________________________

4. CONSENT OF THE DESIGNATED NATIONAL AUTHORITY

National Authority and details of approval:
___________________________________________________________________
___________________________________________________________________

5. TRANSIT
Projected length of time the chemical shipment shall be on transit on Uganda territory:
___________________________________________________________________
___________________________________________________________________

Expected date of Entry:________________________________________________

Expected date of exit: _________________________________________________
Means of Transport envisaged:
___________________________________________________________________
___________________________________________________________________

Information relating to insurance (Guarantee that the person responsible shall fully
compensate any damage caused to human health, property or to the chemical in question
during transit)

6. DECLARATION
I/We ................................. being the notifier hereby guarantee/declare that the above
information is correct and true.

Signed: (Notifier): ____________________________________

 SCHEDULE 8

Regulation 17(1).
FORM FOR FINANCIAL SECURITY

[The Guarantee Bank’s headed paper]

Representing the Republic of Uganda
The National Environment Management Authority (NEMA)
[Date]
ON DEMAND BANK GUARANTEE
BANK GUARANTEE NO.: [XX-XX] IN THE AMOUNT OF [USD/UGX] [ ● insert
amount] (THE “GUARANTEED AMOUNT”)
BENEFICIARY: THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY
(NEMA)
(REPRESENTING THE REPUBLIC OF UGANDA) (THE “BENEFICIARY”)
[ ● Name of Guarantee Bank], [business/company/etc.] registration no. , as applicable [●] a
[commercial bank] incorporated under the laws of [●] with its registered address at [●] (the
“Guarantor”) hereby guarantees to the Beneficiary the obligations of [ ● Name of company]
([ ● nationality] [business/company/etc.] no. [●]) (the “Company”) with respect to certain
responsibilities of the Company as a holder of a licence to manage waste under the National
Environment (Waste Management) Regulations, 2020 (Regulation No. [●] of 2020) as
amended (the “Regulations”) and in accordance with the terms of licence no. [ ● Insert
reference to the waste management licence (or references)] (the “Licence”) granted by the
Beneficiary under the terms of the Regulations and in accordance with the [National
Environment, Act 2019].
This Guarantee is given for the purpose of fulfilling the requirements set out in: [(1)]
regulation 15(1) of the Regulations and (2) the terms of the Licence.

Other terms of this Guarantee:

1. The Guarantor’s maximum liability hereunder is limited to the Guaranteed Amount. The
Guaranteed Amount may only be reduced with the prior written consent of the
Beneficiary. Any payments by the Guarantor under this Guarantee will reduce the
Guaranteed Amount with a corresponding amount.
2. This guarantee is an irrevocable and unconditional on-demand guarantee. Set-off, counter-
claim and other deductions are not permitted and the Guaranteed Amount shall be paid to
the Beneficiary in accordance with the provisions of Clause 4 below without any
deductions whatsoever.
3. A claim for payment under this Guarantee by the Beneficiary shall be in writing, setting
out the amounts to be paid together with a statement from the Beneficiary that the amount
is due for payment.
4. The claim for payment must be presented by the close of regular business hours on the
expiry date set out in Clause 5 below.
5. The Guaranteed Amount, or such lower amount as may be claimed by the Beneficiary,
shall be paid within three business days of demand for payment.
6. The Beneficiary may make multiple demands hereunder, limited upwards to the
Guaranteed Amount.
7. This Guarantee will expire on [ ● Date] and will automatically be renewed, on an annual
basis, until [20●●] or [ ● state event] when the Guarantee will lapse without further notice.
8. The Guarantor may terminate the Guarantee by giving six months’ notice to the
Beneficiary prior to the date of its annual renewal. [The notice period may be less than 6
months depending on the activity guaranteed]
9. If the Guarantee is terminated by the Guarantor, the Guarantee shall nevertheless remain in
full force and effect until the ensuing annual renewal date.
10. All notices, requests, demands and other communication required or permitted under this
Guarantee shall be in writing and shall be deemed to have been received when (i)
delivered by hand or courier to the recipient; (ii) when received via electronic mail
(provided that such electronic mail is actually delivered and receipt thereof is
acknowledged); or (iii) [● insert number of days] after the date when posted by
[registered / air] mail, with postage prepaid, to all addresses as ascribed below:
In case of the Beneficiary:
[● insert address]
In case of the Guarantor:
[● insert address]
11. If the Guarantee has been terminated in accordance with Clause 8 above, the Beneficiary
may present a demand under the Guarantee for the full Guaranteed Amount, irrespective
of whether the Company fulfils its obligations. The Beneficiary may retain the
Guaranteed Amount paid by the Guarantor as security for future obligations for as long as
the Company shall provide security to the Beneficiary under the terms of the Licence.
12. This Guarantee and any non-contractual obligations arising out of or in connection with it
shall be governed by, and construed in accordance with the laws of [●].
13. The Guarantor hereby submits to the jurisdiction of [●].
[Date/Place]
[BANK]
___________________________________________________________
____________________________________________________________
Signature

Name with block letters:

 SCHEDULE

Regulation 20(1).

FORM FOR LICENCE TO IMPORT/MANUFACTURE/FORMULATE/RE-

PACKAGE HAZARDOUS CHEMICALS

Licence No: NEMA/HC/________________________________________

Name _______________________________________________________

Physical address________________________________________________

Postal address _________________________________________________

(Plot No., ……..village, parish, sub-county, county, district/municipality)

Contact phone number _________________________________________

Tax Identification Number ___________________________________

You are hereby licensed to

import/manufacture/formulate/re-package/store/sell/distribute/export/re-export/use
hazardous chemicals the following restricted substances/products;
1. _____________________________________________________
2. _____________________________________________________
3. _____________________________________________________

If import/export/re-export:
From or to __________________________________ (country and user, as appropriate)

1. Particulars of Transporter:
Name of Transporter ______________________________________
Physical address _________________________________________
Postal address __________________________________________
Contact phone number _____________________________________
Tax identification number___________________________________

2. Mode of transport ______________________________________

3. Port of shipment ____________________________________________

4. Designated port of entry/exit __________________________________

5. Marks and Numbers:

Number and kind of packages
______________________________________________________________________

Description of substance/product:
______________________________________________________________________

6. Customs Tariff Code: _________________________________________________

7. Origin criterion: ___________________________________________________

8. Gross weight/other quantity: _________________________________________

9. Value (USD): _____________________________________________________

10. Invoice No: ____________________and Date: _________________________

11. Declaration by Exporter:

I, the undersigned, hereby declare that the above details and statements are correct; and
that all the substances/products are produced/assembled/obtained from (name of
place/origin of substance/product) ___________________________________________

Date: ______________________________________

___________________________________________
Declarant’s Signature and Stamp:

Name of the Exporter: ___________________________________________

Stamp/Seal

TR/ST/CM*
If transportation or distribution of chemicals:
From or to________________________(location/ village, parish, sub-county, county,
district/municipality) from _____________(location village, parish, sub-county, county,
district/municipality).

Type and registration number of vehicles licensed (describe details)

________________________________________________________________________
(Attach details of journey management plan, if any)

If storage of chemicals:
You are hereby licensed to operate a storage facility at ________________ (location/
village, parish, sub-county, county, district/municipality).

Other details:
Approved common name and CAS No. of chemical:
___________________________________________________________________
___________________________________________________________________

Trade name under which marketed in Uganda:

___________________________________________________________________
___________________________________________________________________

Active ingredient(s):
___________________________________________________________________
___________________________________________________________________

Formulation:
___________________________________________________________________
___________________________________________________________________

This licence is valid from __________20______ to __________20______

This licence is granted subject to the following conditions:

_______________________________________________________________________
_______________________________________________________________________

Date: _______________________ Signature: _______________________

Executive Director,
National Environment Management Authority.
*TR/ST/CM
TR – transport
ST – storage
WT – chemical manufacture

Note:
(1) This licence is not transferable to any other person without the approval of the
Authority.
(2) This licence is given on the basis of the information given in the application for
import/manufacture/formulate/re-package/store/sell/distribute/export/re-export/use
hazardous chemicals dated ……
(3) This licence will be revoked if the applicant is found in violation of the conditions in the
licence.
 SCHEDULE 7

Regulation 28(f).

PICTOGRAMS AND SYMBOLS FOR LABELLING OF HAZARDOUS

CHEMICALS

Pictogram Symbol Hazard class

Exploding Bomb • Explosives
• Self-Reactive
substances and
mixtures
• Organic Peroxides

Flame • Flammables
• Pyrophorics
• Self-Heating
substances or
mixtures
• Substances which in
contact with water,
emit flammable gases
• Self-Reactive
substances or
mixtures
• Organic Peroxides
• Chemicals under
pressure
• Aerosols
Flame Over Circle • Oxidizers

Gas Cylinder • Gases Under Pressure

Corrosion • Skin Corrosion or
irrritation
• Eye damage or
irritation
• Corrosive to Metals

Skull and • Acute Toxicity (fatal

Crossbones or toxic)

Exclamation Mark • Irritant (skin and eye)

• Skin Sensitization or
irritatoin
• Acute Toxicity
(harmful)
• Narcotic Effects
• Respiratory Tract
Irritant
• Hazardous to Ozone
Layer
Health Hazard • Carcinogenicity
• Mutagenicity
• Reproductive
Toxicity
• Respiratory
Sensitization
• Specific Target
Organ Toxicity
• Aspiration hazard
Environment • Aquatic Toxicity
(acute and chronic)
 SCHEDULE 8
Regulation 31(1).

DESIGNATED PORTS OF ENTRY AND EXIT

1. Malaba
2. Busia
3. Mpondwe
4. Katuna
5. Entebbe International Airport
6. Kabaale International Airport
7. Mutukula
8. Port Bell
9. Mirama Hills
10. Elegu
11. Goli
12. Vurra
13. Kampala
14. Jinja
15. Mbarara
16. Mombasa
17. Dar es Salaam
 SCHEDULE 9

Regulation 51(1).

FORM FOR REPORTING ON HAZARDOUS CHEMICALS AND

CHEMICAL PRODUCTS ACTIVITIES.

Part I: General information

Name of company/firm or individual:

……………………………………………………………………………..
…………………………………………………………………………….
Type of licence held by the company/firm/individual:
……………………………………………………………………………..
Number of operational days in the reporting year:
……………………………………………………………………………..

Type of Category of Source Intende Mode of Safety Labellin Possible Mitigation

chemica Classificatio of d Use Transportati Precautio g Market/Us Measures to
l n Export on ns er protect human
or health/environme
Import nt
(specify
)
 Part II – Specific information

Storage of chemicals

Amount of
Amount chemicals Amount
of and of
chemical maximum amount products chemicals
s and amount stored stored on amount stored transported and
Name of chemical or products during the 1st on 31st for products
product/CAS number produced year January December distribution exported
Areas of improvement:
_________________________________________________________________
_________________________________________________________________

Incidents/near misses including response measures:

_________________________________________________________________
_________________________________________________________________

Discharges per annum

Average Maximum
Chemical concentration concentration Total amount

Specific Chemical being

Manufactured and
Formulated

Any other chemical

(specify)…
Emissions

Average Maximum
Compound concentration concentration Total amount

Dust/ particles
Any other relevant information:
……………………………………………………………………………..
……………………………………………………………………………..
 Cross References

Access to Information Act, 2005, Act 6 of 2005

External Trade Act, Cap. 88 of 1953.
National Environment Act, 2019, Act 5 of 2019.
National Environment (Waste Management) Regulations, S.I. No. 49 of 2020.
National Environment (Environmental and Social Assessment) Regulations, S.I.
No. 143 of 2020.
National Environment (Management of Ozone Depleting Substances and
Products) Regulations, 2020, S.I No…of 2020
National Standards for Transportation of Dangerous Goods-operational
requirements for road vehicles US EAS 950:2020
Uganda National Bureau of Standards Act, Cap 327.
Uganda Revenue Authority Act, Cap. 196.
Occupational Safety and Health Act 2006, Act No. 9 of 2006

HON. SAM CHEPTORIS,

Minister responsible for Water and Environment.