Pesticides and fertilizers
- Document symbol
- G/LIC/N/3/KHM/5
- Original language
- English
- Published on
- 08/05/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The management of pesticides and fertilizers in Cambodia has been under the general jurisdiction of the Ministry of Agriculture, Forestry and Fisheries. The Ministry of Agriculture, Forestry and Fisheries has been designated the department of agricultural legislation to perform the missions such as ensuring the effective management of pesticides and fertilizers in accordance with the national policy on agricultural sector, examining and developing the legal framework on standard requirements and the procedures of pre and post-registration for all types of pesticides and fertilizers, examine and assess the fulfilment of standard requirement for the registration of pesticides and fertilizers, analysing and verifying the composition of pesticides and the guaranteed analysis of fertilizers at the laboratory and to undertake the bio-efficacy test at experimental field, for the assessment at pre and post-registration, conducting registration and issuance of a permit (license) for relevant activities related to all pesticides and fertilizers and to collect service fees of these activities as required by this law and fulfilling other duties in terms of management of pesticides and fertilizers under the scope of this law.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Related products are pesticides and fertilizers that are listed in Annex 2 of Sub-Decree No. 17, the list of goods subject to import and export permits (license) with the following number of HS codes as follows: 3102, 3103, 3104, 3105 and 3808. For the list of banned pesticides, even if there is none listed in Annex 1 of the Sub-Decree No. 17, but it is stated in the Law on the Management of Pesticides and Fertilizers, particularly in the Proclamation No. 484 on the List of Pesticides (in Annex 1 and 2 on the list of banned pesticides and restricted pesticides).
Q3. The system applies to goods originating in and coming from which countries?
The system is applied to goods originating in and coming from all countries without any discrimination.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The system does not intend to restrict the quantity or value of imports. The main purpose is to reduce risks caused by the use of pesticides and fertilizers, by ensuring food security, food safety, public health, and the sustainability of the environment. To enhance public awareness on the implementation of standard requirements of pesticides and fertilizers for all relevant activities related to these products and to ensure the safe and effective control of pesticides and fertilizers, in order to comply with the international standards including FAO, WHO or the Rotterdam Convention.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The import licensing is maintained and statutorily required by Law on the Management of Pesticides and Fertilizers dated 14 January 2012, Ankuret (Sub-Decree) No. 17 ANK/BK dated 26 February 2020 on the List of Prohibited and Regulated Goods of the Kingdom of Cambodia (Annex 2 of Sub-Decree No. 17), Ministry Proclamation No. 415 on Procedure and Standard Requirement for Fertilizer Registration dated 17 August 2012, Ministry Proclamation No. 456 on Procedure and Standard Requirement for Pesticide Registration dated 19 October 2012, Ministry Proclamation No. 119 on Procedure and Management of Fertilizer Trading dated 11 April 2013, and Ministry Proclamation No. 120 on Procedure and Management of Pesticide Trading dated 11 April 2013.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
It is depending on the virtual situation of the companies (importers), whether the companies have followed the law or not, such as registration and warehouse registration, if any, the companies have to request to obtain licenses immediately from the ministry.
The period of time for the submission of applications for licenses can be varied depending on the permit types as indicated in the table below.
1-Registration (fertilizers and pesticides) -3 months - 2 years (Pesticides) -1 - 3 months (Fertilizers) 2-Permit of import and export of agricultural materials -1 month only 3-Permit of distribution; -1 month only 4-Warehouse Registration (fertilizers and pesticides); -1-3 months 5-Permit of formulation and repackaging; -1-3 months 6-Permit of wholesale and retail of agricultural materials -1-2 months
Q7.b. Can a licence be granted immediately on request?
No, a license cannot be granted immediately on request.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No. There are no limitations as to the period of the year during which application for license and/or importation may be made.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The Ministry of Agriculture, Forestry and Fisheries is responsible for registration and licensing of agricultural materials like pesticides and fertilizers. Articles 29 and 64 of the Law on Management of Pesticides and Fertilizers stated that a natural person or legal entity who imports or exports pesticides shall obtain a permit issued by the Ministry of Agriculture, Forestry and Fisheries.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
If all the requirements for the application of a license have not been met, the ministry has authorization to refuse or require additional information or supporting documents. If applicants do not agree with this, they can submit a right of appeal to the Ministry, Council of Minister or courts.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
The Law on the Management of Pesticides and Fertilizers dated 14 January 2012, indicated in Article 7 that a natural person or legal entity who imports, exports or formulates pesticides and fertilizers for the purpose of trading in the Kingdom of Cambodia, shall apply before for registration of the pesticides and fertilizers at the Ministry of Agriculture, Forestry and Fisheries in accordance with the provisions of this law. All registrations and applications for import licenses have to be paid in accordance with the joint proclamation between the Ministry of Agriculture and the Ministry of Economy and Finance.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
(i) The standard requirements for pesticide registration shall ensure to include information and data as mentioned below:
Identity of the natural person or legal entity who applies for registration, identification of pesticide and formulating process; Data on pesticides specification, compositions, active ingredients, analytical method, physical and chemical properties of active ingredients and other data of pesticide composition; Data on bio-efficacy from country of origin and the report on the field bio-efficacy with specific crops and experimental regions; Data on pesticide toxicity; Data on pesticide residue; Safety to human and animal; Safety to the environment; Trade, usage and disposal; Package and labelling in Khmer. (ii) The standard requirements for fertilizers registration shall ensure to include information and data as mentioned below:
Identification of a company that applies for registration, characteristics of fertilizer and process of formulation; Specification of a fertilizer and the guaranteed analysis of nutrients, the certificate of origin indicating the analytical results of the nutrient elements and the analytical methodologies; Data of bio-efficacy issued by the country of origin and the report of bio-efficacy test in an experimental field; Package, labelling in Khmer and leaflet; Other data or information as required by the Ministry of Agriculture, Forestry and Fisheries. (iii) During importation, exportation of pesticides, importers/exporters shall comply with the conditions of standard requirements as mentioned below:
Pesticides shall have been approved for registration in accordance with the provision of this law; Importers or exporters of pesticides shall obtain a permit issued by the Ministry of Agriculture, Forestry and Fisheries; Shall comply with the standards for containers, labels or leaflets for the instruction in Khmer which have been approved during registration; List of pesticide items to be imported or exported, coded by the harmonized system of custom codes; Shall comply with the safety measures on import/export of pesticides as required by this law; Shall have records of information related to the import/export operation of pesticides; Shall inform the Ministry of Agriculture, Forestry and Fisheries to undertake the primary inspection during import/export operation or prior to distribution; Shall attach relevant documents which list the companies or branches in contract with, for the distribution of imported pesticides; Shall comply with other conditions as required by the Ministry of Agriculture, Forestry and Fisheries. (iv) During export/import operation of fertilizers, the importer/exporter shall comply with the conditions of standard requirements as mentioned below:
Fertilizers shall have been approved for registration according to the provisions and procedures of this law; Importers/exporters of fertilizers shall have a permit issued by the Ministry of Agriculture, Forestry and Fisheries; Shall comply with the standards of packages, labels or leaflets for instruction in Khmer which have been approved for registration; Shall have records related to import/export of fertilizers; Shall notify the Ministry of Agriculture, Forestry and Fisheries to undertake the primary inspection, prior to distribution; Shall obtain the certificate of analytical results on the guaranteed analysis of the nutrients issued by a competent authority of the exporting country of origin, prior to export; Shall attach the document indicating the companies or branches in contract with, for the distribution of imported fertilizers; Shall comply with other conditions as required by the Ministry of Agriculture, Forestry and Fisheries. The license issuing can be related and based on the activities of the company itself. All products to be imported must be registered in advance. The importers must provide the annual report on the utilization/or distribution of pesticides and fertilizers from the previous year.
Information concerning the formalities of filing applications for licenses can be available at the Ministry of Agriculture Forestry and Fisheries.
Q11. What documents are required upon actual importation?
The documents required upon actual importation:
Import license issued by Ministry of Agriculture Forestry and Fisheries;
Business license issued by Ministry of Commerce;
Certificate of registration of pesticides and fertilizers;
Invoice, packing list and bill of landing;
Certificate of origin confirming products.
Certificate of quality confirming products from manufacturer and others.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
All registrations and applications for import licenses have to be paid in accordance with the joint proclamation between the Ministry of Agriculture and the Ministry of Economy and Finance.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
All registrations and applications for import licenses have to be paid on requesting the proposal, in accordance with the joint proclamation between the Ministry of Agriculture and the Ministry of Economy and Finance.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The new certificate of registration of pesticides and fertilizers can be valid for three years. This validity can be extended three times by maintaining the same registry number. For an import permit (license) that has the period of time for one year, it cannot be extended. Import-export licenses are validated for one year from the date of signature, except the suspension or revocation by the minister of the ministry before the expiration date.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
In Article 105 it states that any person who commits any one of the following offenses such as transferring a right to hold a certificate of registration or relevant permits related to the trade of pesticides and fertilizers to a third person without prior approval from the Ministry of Agriculture, Forestry and Fisheries may be subject to obtaining a warning letter, suspension or revocation of the certificate of registration or relevant permits. In Article 106 it mentions that a person who commits any one of the following offences including: not complying with the conditions, rules and valid period as indicated in the permits or the certificate of registration of pesticides and fertilizers, shall be subject to pose a transactional fine of 1,000,000 Riels to 5,000,000 Riels.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licenses can be transferable between importers, however, permission from the ministry in advance is necessary.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
The license issuing can be related and based on the activities of the companies itself. The importers must provide the annual report on the utilization/or distribution of pesticides and fertilizers from the previous year. During importation, exportation of pesticides and fertilizers, importers/exporters shall comply with the conditions of standard requirements as required by the provision of this law. In case of failure to import the amount of goods by the time limits or validity expiration of licenses, importers must resubmit the new application or sometimes importers/exporters can challenge the administrative or legal measures as stated in the law.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The importer has to have an authorized letter of import permit of registered products in advance.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Foreign exchange is freely available to all importers.