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AN ACT to provide for the sustainable management natural resources and protection of the environment; the prevention of pollution and environmental degradation; the preparation of a National Environmental Plan and other plans for the management and protection of the environment; the establishment of an Environmental Management Agency and an Environment Fund; to amend references to intensive conservation areas and committees and associated matters in various Acts; to repeal the Natural Resources Act [Chapter 20:13], the Atmospheric Pollution Prevention Act [Chapter 20:03], the Hazardous Substances and Articles Act [Chapter 15:05] and the Noxious Weeds Act [Chapter 19:07]; and to provide for matters connected with or incidental to the foregoing.
Coded list of objectives
E: Protection of the environment
Description of the measure
75 Application for registration of pesticides and toxic substances
(1) Any person who intends to manufacture, import or process a new pesticide or toxic substance or who intends to reprocess an existing pesticide or toxic substance, must apply to the Board in the prescribed manner for the registration of the pesticide or toxic substance, before importing, manufacturing, processing, or reprocessing such pesticides or toxic substance.
(2) The application referred to in subsection (1) shall include the name, trade mark, and the molecular
structure, proposed categories of use, estimate quantity of the pesticides or toxic substances and any data related to health and other environmental effects that the Board may require.
(3) Any person who has been manufacturing, importing or processing a pesticide or toxic substance before this
Act, shall apply to the Board in the prescribed manner for registration of such pesticide or toxic substance within
one year after the commencement of this Act.
76 Registration of pesticides and toxic substances
(1) The Board may, upon application in terms of section seventy-five, register a pesticide or toxic substance
subject to such conditions as may be prescribed or as the Board may determine.
(2) Every pesticides or toxic substance shall be registered for a period of ten years unless some other period is
prescribed or specified by the Board.
(3) The registration may be renewed for a further period of ten years at a time or such other period as may be
prescribed or specified by the Board.
(4) Where the Board refuses to register any pesticide or toxic substance, the notice of refusal shall state the
reasons for such refusal.
77 Offences relating to pesticides and toxic substances(1) No person shall—
(a) use or dispose into the environment a pesticide or toxic substance in contravention of any standards or
measures prescribed in terms of section seventy-four;
(b) change the composition of a pesticide or toxic substance, contrary to any standards or measures referred
to in paragraph (a);
(c) detach, alter or destroy any labelling on a pesticide or toxic substance contrary to any standards or
measures referred to in paragraph (a).
(2) No person shall sell, offer for sale, hold for sale, import, deliver for importation to, or receive from, deliver
or offer to deliver to any other person any pesticide or toxic substance that he knows is not registered in terms of
section seventy-six or does not have reasonable cause for believing is so registered.
(3) Any person who contravenes any provision of this section shall be guilty of an offence and shall be liable
upon conviction to a fine of not exceeding ten million dollars or to imprisonment for a period of not exceeding ten
years or to both such fine and such imprisonment.
(4) Any person who is convicted on a second or subsequent conviction shall be liable to a fine not exceeding
ten million dollars or to imprisonment for a period not exceeding ten years or to both such fine and such
imprisonment.
Applied by Zimbabwe on the entire world for 8525.50.10: For use in connection with aircraft communication or nagivation, 8525.50.90: Other, 8525.60.10: For use in connection with aircraft communication or nagivation and 8525.50.90: Other
(4) No person shall import into Zimbabwe any radio transmitting station, as defined in the Postal &Telecommunications Act [Chapter 12:05] in terms of an OGL unless, at the time of importation of any such radio transmitting station—
(a) he is a registered dealer and holds a Certificate to import such equipment issued by the Posts and Telecommunications Corporation in terms of the Postal &Telecommunications Act [Chapter 12:05]; or
(b) he has obtained written instructions from a customs officer calling on him to obtain a licence issued in terms of the Postal &Telecommunications Act [Chapter 12:05] within such period as may be specified in such instructions:
Provided that the provisions of this sub-section shall not apply to any radio transmitting station which is imported by any military, air or police force of a country other than Zimbabwe where such force is to be stationed temporarily in Zimbabwe.
Reference of the measure
Art 3(4)(a)
Measure also domestic
No
Notes
Implementation date not stated in the document. The date above was arbitrarily entered to allow registration of NTM. It will be amended when the correct date is received from the NTM Manager.
Products affected by the measure.
Code
Product
Partial coverage
Partial coverage indication
Date in
Date out
8525.50.10
For use in connection with aircraft communication or nagivation
No
8525.50.90
Other
No
8525.60.10
For use in connection with aircraft communication or nagivation
No
8525.50.90
Other
No
Description
Radio transmitting station
Countries/Regions affected by the measure.
Inclusion/Exclusion
Country
Date in
Date out
Inclusion
Entire world
Description
All countries
B19: Import authorization/licensing related to technical barriers to trade not elsewhere specified
Applied by Botswana on the entire world for 9301.10.00: - Artillery weapons (for example, guns, howitzers and mortars), 9301.20.00: - Rocket launchers; flame-throwers; grenade launchers; torpedo tubes and similar projectors, 9301.90.00: - Other, 9302.00.23: -- Target shooting pistols of 5,6 mm calibre, 9302.00.23: -- Target shooting pistols of 5,6 mm calibre, 9302.00.25: -- Other, semi-automatic, 9302.00.29: -- Other, 9302.00.31: -- Target shooting pistols of 5,6 mm calibre, 9302.00.39: -- Other, 9303.20.11: --- Pump-action, 9303.20.12: --- Semi-automatic, 9303.20.13: --- Other, 9303.20.20: -- Shotguns, multiple barrel, including combination guns, 9303.30.10: -- Single-shot, 9303.30.20: -- Semi-automatic, 9303.30.90: -- Other, 9303.90.25: -- Captive-bolt humane killers or stunners and line-throwing guns; anti-hail devices, 9303.90.90: -- Other, 9304.00.10: - Spring, air or gas-powered guns or pistols, designed to project a missile suitable for the injection of animals, 9304.00.20: - Other spring, air or gas guns or pistols and 9304.00.90: - Other
3. Quota for importation of arms and ammunition
The Minister shall, at the beginning of each year, determine the quota of arms and ammunition which may be imported into Botswana.
Reference of the measure
Article 3
Measure also domestic
No
Products affected by the measure.
Code
Product
Partial coverage
Partial coverage indication
Date in
Date out
9301.10.00
- Artillery weapons (for example, guns, howitzers and mortars)
No
9301.20.00
- Rocket launchers; flame-throwers; grenade launchers; torpedo tubes and similar projectors
No
9301.90.00
- Other
No
9302.00.23
-- Target shooting pistols of 5,6 mm calibre
No
9302.00.23
-- Target shooting pistols of 5,6 mm calibre
No
9302.00.25
-- Other, semi-automatic
No
9302.00.29
-- Other
No
9302.00.31
-- Target shooting pistols of 5,6 mm calibre
No
9302.00.39
-- Other
No
9303.20.11
--- Pump-action
No
9303.20.12
--- Semi-automatic
No
9303.20.13
--- Other
No
9303.20.20
-- Shotguns, multiple barrel, including combination guns
No
9303.30.10
-- Single-shot
No
9303.30.20
-- Semi-automatic
No
9303.30.90
-- Other
No
9303.90.25
-- Captive-bolt humane killers or stunners and line-throwing guns; anti-hail devices
No
9303.90.90
-- Other
No
9304.00.10
- Spring, air or gas-powered guns or pistols, designed to project a missile suitable for the injection of animals
A: Protection of human life and health, E: Protection of the environment and G: Protection of national security
Description of the measure
35 (2) The Minister may, for health, environmental or public security reasons and by order published in the Gazette, prohibit any goods from being taken into an export processing zone
14. [15] Used pneumatic tyres of rubber- Shall be imported only by any firm operating in the export processing zone for re-export as remoulded, recapped or regrooved tyres.
Reference of the measure
First Schedule; Paragraph 15
Measure also domestic
No
Notes
Paragraph where the measure is given is wrongly referred as 14 whereas it should have been 15.
Applied by Malawi on the entire world for 8504.40.10: Electrical transformers, staticconverters (for example, rectifiers)and inductors: Static converters: Power supplies for the automaticdata processing machines of heading8471, excluding uninterruptiblepower supply units (ups) ., 8504.40.20: Electrical transformers, staticconverters (for example, rectifiers)and inductors: Static converters: Uninterruptible power supplysupply units(ups), 8504.40.30: Electrical transformers, staticconverters (for example, rectifiers)and inductors: Static converters: Inverters, 8504.40.91: Electrical transformers, staticconverters (for example, rectifiers)and inductors: Static converters: Other: Solar battery chargers ., 8504.40.99: Electrical transformers, staticconverters (for example, rectifiers)and inductors: Static converters: Other: Other, 8541.10.00: Diodes, transistors and similarsemiconductor devices; photosensitivesemiconductor devices, includingphotovoltaic cells whether or notassembled in modules or made upinto panels; light emitting diodes;mounted piezo-electric crystals: Diodes, othe, 8541.21.00: Diodes, transistors and similarsemiconductor devices; photosensitivesemiconductor devices, includingphotovoltaic cells whether or notassembled in modules or made upinto panels; light emitting diodes;mounted piezo-electric crystals: Transistors,, 8541.29.00: Diodes, transistors and similarsemiconductor devices; photosensitivesemiconductor devices, includingphotovoltaic cells whether or notassembled in modules or made upinto panels; light emitting diodes;mounted piezo-electric crystals: Transistors,, 8541.30.00: Diodes, transistors and similarsemiconductor devices; photosensitivesemiconductor devices, includingphotovoltaic cells whether or notassembled in modules or made upinto panels; light emitting diodes;mounted piezo-electric crystals: Thyristors,, 8541.40.00: Diodes, transistors and similarsemiconductor devices; photosensitivesemiconductor devices, includingphotovoltaic cells whether or notassembled in modules or made upinto panels; light emitting diodes;mounted piezo-electric crystals: Photosensiti, 8541.50.00: Diodes, transistors and similarsemiconductor devices; photosensitivesemiconductor devices, includingphotovoltaic cells whether or notassembled in modules or made upinto panels; light emitting diodes;mounted piezo-electric crystals: Other semico, 8541.60.00: Diodes, transistors and similarsemiconductor devices; photosensitivesemiconductor devices, includingphotovoltaic cells whether or notassembled in modules or made upinto panels; light emitting diodes;mounted piezo-electric crystals: Mounted piez and 8541.90.00: Diodes, transistors and similarsemiconductor devices; photosensitivesemiconductor devices, includingphotovoltaic cells whether or notassembled in modules or made upinto panels; light emitting diodes;mounted piezo-electric crystals: Parts
"58. The Authority to approve purchase agreements
Every licensee selling and installing renewable energy technologies equipment shall enter into a sale and purchase agreement with the purchaser and the terms of such agreement shall be subject to the approval of the Authority."
Reference of the measure
Article 58
Measure also domestic
No
Products affected by the measure.
Code
Product
Partial coverage
Partial coverage indication
Date in
Date out
8504.40.10
Electrical transformers, staticconverters (for example, rectifiers)and inductors: Static converters: Power supplies for the automaticdata processing machines of heading8471, excluding uninterruptiblepower supply units (ups) .
Yes
Renewable energy technologies equipment
8504.40.20
Electrical transformers, staticconverters (for example, rectifiers)and inductors: Static converters: Uninterruptible power supplysupply units(ups)
Yes
Renewable energy technologies equipment
8504.40.30
Electrical transformers, staticconverters (for example, rectifiers)and inductors: Static converters: Inverters
Yes
Renewable energy technologies equipment
8504.40.91
Electrical transformers, staticconverters (for example, rectifiers)and inductors: Static converters: Other: Solar battery chargers .
Yes
Renewable energy technologies equipment
8504.40.99
Electrical transformers, staticconverters (for example, rectifiers)and inductors: Static converters: Other: Other
Yes
Renewable energy technologies equipment
8541.10.00
Diodes, transistors and similarsemiconductor devices; photosensitivesemiconductor devices, includingphotovoltaic cells whether or notassembled in modules or made upinto panels; light emitting diodes;mounted piezo-electric crystals: Diodes, othe
Yes
Renewable energy technologies equipment
8541.21.00
Diodes, transistors and similarsemiconductor devices; photosensitivesemiconductor devices, includingphotovoltaic cells whether or notassembled in modules or made upinto panels; light emitting diodes;mounted piezo-electric crystals: Transistors,
Yes
Renewable energy technologies equipment
8541.29.00
Diodes, transistors and similarsemiconductor devices; photosensitivesemiconductor devices, includingphotovoltaic cells whether or notassembled in modules or made upinto panels; light emitting diodes;mounted piezo-electric crystals: Transistors,
Yes
Renewable energy technologies equipment
8541.30.00
Diodes, transistors and similarsemiconductor devices; photosensitivesemiconductor devices, includingphotovoltaic cells whether or notassembled in modules or made upinto panels; light emitting diodes;mounted piezo-electric crystals: Thyristors,
Yes
Renewable energy technologies equipment
8541.40.00
Diodes, transistors and similarsemiconductor devices; photosensitivesemiconductor devices, includingphotovoltaic cells whether or notassembled in modules or made upinto panels; light emitting diodes;mounted piezo-electric crystals: Photosensiti
Yes
Renewable energy technologies equipment
8541.50.00
Diodes, transistors and similarsemiconductor devices; photosensitivesemiconductor devices, includingphotovoltaic cells whether or notassembled in modules or made upinto panels; light emitting diodes;mounted piezo-electric crystals: Other semico
Yes
Renewable energy technologies equipment
8541.60.00
Diodes, transistors and similarsemiconductor devices; photosensitivesemiconductor devices, includingphotovoltaic cells whether or notassembled in modules or made upinto panels; light emitting diodes;mounted piezo-electric crystals: Mounted piez
Yes
Renewable energy technologies equipment
8541.90.00
Diodes, transistors and similarsemiconductor devices; photosensitivesemiconductor devices, includingphotovoltaic cells whether or notassembled in modules or made upinto panels; light emitting diodes;mounted piezo-electric crystals: Parts
A: Protection of human life and health and D: Control drug abuse
Description of the measure
It is forbidden:
a) The manufacture, prepare, import, export, distribution, sale, prescription and dispensing of products or prepared to be regarded as medicinal products which are not legally recognized
b) The manufacture, prepare, import, export, distribution, sale, prescription and dispensing of psychotropic drugs, narcotics and narcotic drugs or other products containing them for use, which are not legitimate according to medical, pharmaceutical or scientific point of view
76.-41) No person shall manufacture, import, supply, possess or
(2) Any person who deals in or manufactures counterfeit drugs, herbal drugs, medical devices, commits an offence and upon conviction is liable to fine of not less than five million shillings or to imprisonment for term of not less than two years or to both such fine and imprisonment.
(3) For the Purposes of this Act, a drug, medical device or herbal drug shall be deemed to be counterfeit if -
(a) it is manufactured under a name which belongs to another drug;
or
(b) it is an imitation of, or is a substitute for, another drug, medical device or herbal drug resembles another drug or medical device likely to deceive or bears upon its label or container the name of another drug, medical device or herbal drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug, medical device or herbal drug; or
(c) the label or container bears the name Of an individual or company Purporting to be a manufacturer of the drug, medical device or herbal drug; which individual or company is fictitious or does not exist; or
(d) it has been substituted wholly or in Part by another drug sub-stances; or
(e) it Purports to be it is a Product of manufacturer of whom it is not truly product.
(5) It shall be a defence in any Prosecution for an offence under subsection (1), if it is Proved to the satisfaction of the court that the accused, not being a person selling the drug, medical devise or herbal drug to Which the false or misleading advertisement which is the subject of the prosecution relates, did not know and could not reason-
ably be expected to have known, the advertisement was in any respect'''false'' or ''Misleading'' unless it is Proved that, the accused failed on demand by the Director General, an inspector or a Police officer, to furnish the name and address of the person at whose instance the advertisement was published or distributed or was brought to the notice of the public.
78.-(I) Without derogating the provisions of the Drugs and Prevention Of Illicit Traffic in Drugs Act, 1995, no person shall manufacture, import, sell or use any controlled drug for medicinal or scientific purpose unless he complies with the provisions of this Act.
(2) The provisions of the Drugs and Prevention of Illicit Traffic in Drugs Act, 1995 in relation to offences and penalties shall apply mutatis matundis to offences committed under this Act.
(3) The provisions of this Act, shall be in addition to and not in derogation of the Drugs and Prevention of Illicit Traffic in Drugs Act,1995, or any other written laws having functions similar to those specified under this Act.
(4) Notwithstanding the provision of subsection
(6), any person who contravenes or fails to comply with any provisions or regulation under this Act relating to the keeping of books or the issuing, or dispensing of Prescriptions containing controlled drugs to which this Act applies,
commits an offence and shall upon conviction be liable to a fine of not less than fifty thousand shillings, or to imprisonment for a tecin not exceeding six months or to both such fine and imprisonment
17.(1) A person shall not use or attempt to use beach seine, fishing weir or spear gun or any electrical or diving device for fishing or using such device in carrying out any fishing.
(2) Where any beach seine, fishing weir or spear gun or any gaseous or electrical device found on board any fishing vessel or found in possession or control of any person in the vicinity of internal waters, territorial waters or Exclusive Economic Zone of Zanzibar shall be presumed, unless the contrary is proved, to be used for the purpose referred to in subsection (1) of this section.
(3) A person shall not import, sell, offer for sell, possess, control or make any beach seine, fishing weir or spear gun
17 (2) The restrictions for handling and importation of controlled drugs shall not apply to psychotropic drugs, with moderate or high therapeutic values.
This specification covers the safety requirements for
1.1 Plugs, socket-outlets (fixed or portable, single or multiple), and socket outlet adaptors with or without earth contacts intended for household and similar purposes, either indoors or outdoors with a rated voltage not exceeding 250 V ac and a rated current not exceeding 16 A;
1.2 Surface type mounting boxes that are necessary for the tests on the socket-outlet, excluding flush mounting boxes;
1.3 Plugs incorporated in cord sets, and plugs and portable socket-outlets incorporated in cord extension sets;
1.4 Plugs and socket-outlets that are components of an appliance.
Exclusions: This specification does not cover plugs and socket-outlets for industrial purposes, appliance couplers or fixed socket-outlets combined with fuses or automatic switches.
Description of the measure
3.2 Plugs and sockets with a pin and earth contact configuration of type R1 or type R2 of DIN 49441 are excluded from the scope of SANS 164 - 6 and shall not be sold in South Africa.
Reference of the measure
Regulation 3.2
Measure also domestic
Yes
Products affected by the measure.
Code
Product
Partial coverage
Partial coverage indication
Date in
Date out
8535.90.90
-- Other
Yes
Plugs, socket-outlets, Surface type mounting boxes
8536.69
-- Other
Yes
Plugs, socket-outlets
8536.90
- Other apparatus
Yes
Surface type mounting boxes
Description
Plugs and sockets with a pin and earth contact configuration of type R1 or type R2 of DIN 49441
61. (1) A person shall not label, package, treat, process, sell or advertise any medicine or allied substance in a manner that is false, misleading or deceptive in respect of its character, constitution, value, potency, quality, composition, merit or safety or in contravention of any provision of this Act.
62 (2) A person shall not manufacture, import, export, sell or supply any cosmetic that does not meet the prescribed standards of quality.
65(2) A person shall not manufacture, import, sell or supply any medical device that does not meet the prescribed standards of quality.
Reference of the measure
PART IX: Sections 61(1) ; 62(2) & 65(2)
Measure also domestic
Yes
Products affected by the measure.
Description
Medicine or allied substance
Cosmetics
Medical devices
47(3) The Director of Mines shall consider the following in evaluating an application under this section
(c) for an application for a mineral export or mineral import permit for radioactive minerals, the applicant’s compliance with the requirements of the Ionising Radiation Protection Act, 2005; and
(d) such other information as may be prescribed.
(4) A holder of a mineral export or mineral import permit shall submit monthly export or import returns in the prescribed form.
(7) Imported pre-packaged commodities that do not comply with the legal metrology requirements of this Act shall not be allowed to enter Zambia and shall be pre-packed in a manner that complies with the requirements of this Act or be ordered to be returned to the country of origin by the importer.
26. The Agency may, upon application by a person, approve the importation of hazardous waste into Zambia if —
(b) the hazardous waste will be imported into Zambia for the purpose of reuse, recycling, recovery, pre-treatment and treatment;
(c) the facility to which the hazardous waste is destined has the capacity to re-use, recycle, recover, pre-treat and treat the hazardous waste;
(d) the hazardous waste is not or does not contain radioactive waste or material
31. (1) A person who intends to manufacture, import, export, store, distribute, transport, blend, process, re-process or change the composition of a pesticide or toxic substance or re-process an existing pesticide or toxic substance for a new use shall apply to the Agency for a pesticide and toxic substance licence in Form VIII set out in the First Schedule.
(2) The Agency shall, within thirty days of receipt of an application under sub-regulation (1), approve the application if the applicant—
(a) demonstrates technical capacity to manufacture, import, export, store, distribute, transport, blend, process, re- process or change the composition of a pesticide or toxic substance or re-process an existing pesticide or toxic substance; and
(b) has measures and facilities to ensure the safe manufacture, importation, exportation, storage, distribution, transportation, blending, processing, re-processing or changing of the composition of a pesticide or toxic substance or re-processing an existing pesticide or toxic substance.
44. (1) Subject to sub-regulation (2), a person shall not use, sell, offer for sale, distribute, import, export or in any manner deal with a controlled substance or a product containing a substance within a group set out in the Fifteenth Schedule on or after the date of prohibition set out in the last column of the Fifteenth Schedule in respect of that substance.
(2) A person shall not import a vehicle fitted with an air conditioner or refrigeration unit unless the vehicle’s cooling unit is fitted with chlorofluorocarbon (CFC) free coolant
Reference of the measure
PART IV: Section 26b-d
PART V: Section 31(1,2)
PART VI: Section 44(1) ; Fifteenth Schedule
PART VI: Section 45(2)
Measure also domestic
No
Products affected by the measure.
Description
Hazardous waste
Pesticide or toxic substance
Controlled substance or a product containing a substance
Vehicle fitted with an air conditioner or refrigeration unit
Countries/Regions affected by the measure.
Inclusion/Exclusion
Country
Date in
Date out
Inclusion
Entire world
B2: Tolerance limits for residues and restricted use of substances
This Standard specifies Quality factors, maximum residue limits, labelling and packaging
for the whole, shelled or split pulses defined below which are intended for human consumption. The following pulses are covered by this standard: beans of the Phaseolus spp; lentils; peas; chickpeas; field beans; cowpeas; jugo bean; mung bean; groundnut/ peanut; soybean.
Reference of the measure
Clause 4 in the regulation
Measure also domestic
Yes
Products affected by the measure.
Code
Product
Partial coverage
Partial coverage indication
Date in
Date out
0713.90.10
-- Whole (excluding seeds for sowing)
No
Description
Beans of the Phaseolus spp; lentils; peas; chickpeas; field beans; cowpeas; jugo bean; mung bean; groundnut/ peanut; soybean.
Applied by Botswana on the entire world for 0401.20.09: -- Other milk, whether or not containing added minerals, vitamins, enzymes and similar additives solely for the purpose of increasing the nutritional value and provided these additives do not exceed 1 per cent by volume of the final product
Protection of human life by controlling the quality of the products covered by the scope of BOS 64
Coded list of objectives
A: Protection of human life and health
Description of the measure
The standard describes quality requirements, compliance with pesticide residues restrictions, and production, packaging & storage of raw cows milk under hygienic conditions
Reference of the measure
Clause 4 in the standard
Measure also domestic
Yes
Products affected by the measure.
Code
Product
Partial coverage
Partial coverage indication
Date in
Date out
0401.20.09
-- Other milk, whether or not containing added minerals, vitamins, enzymes and similar additives solely for the purpose of increasing the nutritional value and provided these additives do not exceed 1 per cent by volume of the final product
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