Non-Tariff Barriers

Non-Tariff Measure

NTM classification

P14: Product quality, safety, or performance requirements 

Date when the measure came into force

10 July 2014 

Publication where the measure is specified

Government Gazette No. 37818, 10 July 2014 

Regulation where the measure is specified

Regulations To Phase-Out The Use Of Polychlorinated Biphenyls (PCBs) Materials And Polychlorinated Biphenyl (PCBs) Contaminated Materials 

Country/Region applying the measure

South Africa 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

3. (1) Subject to the provisions of these Regulations and unless a person complies with regulation 5
and 6 of these Regulations, no person may -
(a) use, process, or produce PCB materials or PCB contaminated materials;
(b) import PCB materials or PCB contaminated materials into the Republic of South Africa, or export PCB materials or PCB contaminated materials from South Africa; or
(c) sell PCB materials or PCB contaminated materials in South Africa.
(2) The provisions of sub-regulation (1) do not apply to persons who import PCB waste from a State which is a member of South African Development Community, for the purpose of treatment or safe disposal at a facility authorised in terms of section 20 of Environmental Conservation Act, 1989 (Act No. 73 of 1989) or section 49 of National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008).
Registration
5. (1) Any person who possesses articles must register with the Director-General within 90 days of promulgation of these Regulations.
(2) A person contemplated in sub regulation (1) must register in a form obtainable from the Department.
(3) The Director-General must acknowledge receipt and issue the registration number within 30 days of receipt.
(4) The Director-General may on receipt of the registration form, request incomplete information to be furnished in writing or amendments to be effected on the registration form and the amended registration form to be resubmitted within a specified time frame.
(5) A person who is registered in accordance with sub-regulation (1) must notify the Director-General of any changes in any material detail which has been provided as part of the registration within 30 days of such change taking place. 

Reference of the measure

Regulations 3 and 5 

Measure also domestic

Yes 

Products affected by the measure.

Description

Polychlorinated Biphenyls (PCBs) materials and Polychlorinated Biphenyl (PCBs) contaminated materials 

Countries/Regions affected by the measure.

Description

All countries