Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B9: TBT Measures n.e.s. 

Date when the measure came into force

28 March 2008 

Publication where the measure is specified

STAATSKOERANT, 28 MAART 2008 No. 30904 3 GOVERNMENT NOTICE 

Regulation where the measure is specified

REGULATIONS FOR THE PROHIBITION OF THE USE, MANUFACTURING, IMPORT AND EXPORT OF ASBESTOS AND ASBESTOS CONTAINING MATERIALS 

Country/Region applying the measure

South Africa 

Coded list of objectives

A: Protection of human life and health and E: Protection of the environment 

Description of the measure

REGISTRATION AND REPORTING
4. (1) A person who undertakes or intends to undertake an activity as contemplated in regulation 2(4) or 2(5) must within 120 days of the commencement of these regulations register the activity with the Minister on the form contained in Annexure A to these regulations.
(2) After registration in terms of sub-regulation (1) the Minister will issue the applicant with a registration number.
(3) The registered person must be display the registration number on all trading documentation.
(4) If any of the information provided to the Minister in terms of this regulation changes, the Minister must be notified within 14 days after the date that the information provided changed.
(5) A person referred to in sub-regulation (1) of regulation 4 above must, before 31 March of each and every year, submit an annual report from an external auditor commissioned at own expense to audit at least the following:
(a) The correctness of the information supplied on the registration form;
(b) In the case of identified products, progress made in terms of the Asbestos Phase-out Plan provided in terms of these regulations;
(c) The person's compliance with the relevant legislation;
(d) In the case of the transport of asbestos, the amount of asbestos transported through the country; and
(e) In the case of a research project, how much asbestos or asbestos containing materials were used in the research project and the outcome of the research.
ASBESTOS PHASE-OUT PLAN
5. (1) A person contemplated in regulation 2 (5) must submit an Asbestos Phase-out Plan to the Minister for approval within one year of the commencement of these Regulations: Provided that a group of people importing, manufacturing or distributing the same or substantially similar identified products may submit a joint Asbestos Phase-out Plan for the purposes of complying with these Regulations.
(2) An Asbestos Phase-out Plan must at least contain information on -
(a) proposed alternatives to the use of asbestos or asbestos containing materials in the manufacture of the identified product;
(b) where such alternatives do not exist, reasons why such alternatives do not exist and the steps that will be taken to develop such alternatives; and
(c) the time periods within which the manufacturer intends replacing the use of asbestos with alternatives to asbestos or asbestos containing materials.
(3) The Minister may require a person who has submitted an Asbestos Phase-out Plan to provide additional information and to submit a revised Asbestos Phase-out Plan within a time period
indicated by the Minister or to furnish the Minister with a written review of the Asbestos Phase­ out Plan by an independent expert within a time period indicated by the Minister.
(4) The Minister may, on written application by a person who is required to submit an Asbestos Phase-out Plan, grant an extension in respect of the period within which the plan must be submitted, on good cause shown, with or without conditions attached to such an extension.
(5) After considering any Asbestos Phase-out Plan that has been submitted in terms of these regulations, the Minister may accept such a plan and may set conditions for the implementation of such a plan or reject such a plan with reasons provided: Provided that where the date for the submission of an Asbestos Phase-out Plan, revised Asbestos Phase-out Plan or an independent review of the Asbestos Phase-out Plan has passed and such a plan has not been submitted, the Minister may exercise this power on the basis of other information at his disposal. 

Reference of the measure

Section 4(5) & section 5 

Measure also domestic

Yes 

Products affected by the measure.

Description

asbestos, 

Countries/Regions affected by the measure.

Description

All countries