Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B9: TBT Measures n.e.s. 

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).
PCB phase-out plans and inventories
6. (1) A PCB Holder who is registered in accordance with regulation 5 of these Regulations; must develop a phase-out plan and submit it to the Director-General within one year of the coming into effect of these Regulations.
(2) The phase-out plan contemplated in sub regulation (1) must, as a minimum include-
(a) name and contact details of the person submitting the pan;
(b) registration number issued by the Director-General in terms of regulation 5(3) of these Regulations;
(c) a comprehensive inventory of non PCB materials, PCB materials and PCB contaminated materials in use or stored; specifying-
(i) the type of equipment;
(ii) serial number;
(iii) specific location;
(iv) name of the manufacturer;
(v) date of manufacture;
(vi) type of dielectric fluid contained;
(vii) KVA rating;
(viii) fluid weight in (kg) or fluid volume in (L); and
(ix) PCB concentration in (mg/kg).
(d) the time period within which the person plans to have completely phased-out all PCB materials or PCB contaminated materials which must not exceed the time frames set in regulation 4 of these Regulations; and
(e) the strategy outlining the annual reduction targets.
(3) The Director-General must acknowledge receipt of the phase-out plan within 14 days of receipt, and may, after consideration of the plan, in writing-
(a) approve the phase out plan for implementation and notify the applicant of the approval and outline any applicable conditions or requirements; or
(b) require incomplete information to be furnished or amendments to be effected and a revised phase out plan to be resubmitted within a specified time frame; or
(4) A person whose phase-out plan has been approved by the Director-General must implement such a plan and may only deviate from such a plan upon written approval to do so by the Director-General. 

Reference of the measure

Regulations 3 and 6 

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 .

Provisions of 3(1) do not apply to SADC countries ie Angola, Botswana, Congo (DR), Lesotho, Malawi, Mauritius, Mozambique, Namibia, Seychelles, Swaziland,Seychelles, Tanzania, Zambia and Zimbabwe.