Non-pesticide hazardous chemicals
- Document symbol
- G/LIC/N/3/HKG/27
- Original language
- English
- Published on
- 09/11/2023
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.
Both an import permit and a licence are required for the import of non-pesticide hazardous chemicals that have potentially harmful or adverse effects on human health or the environment, including such chemicals that are subject to regulation of the Stockholm Convention on Persistent Organic Pollutants (Stockholm Covention), or the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam Convention).
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The import permitting and import licensing requirements are stipulated in the Hazardous Chemicals Control Ordinance (HCCO) (Cap.595) and the Import and Export Ordinance (IEO) (Cap.60) respectively. Under the HCCO, anyone wishing to import any hazardous chemicals subject to control (scheduled chemicals) needs to apply for an import permit, which is normally valid for 1 year. In addition, for every shipment of scheduled chemicals entering HKSAR, an import licence is also required under the IEO. Both permits and licences are issued by the Environmental Protection Department.
The import permitting and licensing system, which forms part of the overall control of non-pesticide hazardous chemicals in HKSAR, covers two types of scheduled chemicals.
Type 1 Chemicals
- Hexabromobiphenyl (HBB)
- Hexabromodiphenyl ether (hexaBDE) and heptabromodiphenyl ether (heptaBDE):
(a) 2,2',4,4',5,5'- hexabromodiphenyl ether (BDE-153)
(b) 2,2',4,4',5,6'- hexabromodiphenyl ether (BDE-154)
(c) 2,2',3,3',4,5',6- heptabromodiphenyl ether (BDE-175)
(d) 2,2',3,4,4',5',6-heptabromodiphenyl ether (BDE-183)
(e) Other hexa- and heptabromodiphenyl ethers present in commercial octabromodiphenyl ether
- Hexachlorobenzene (HCB)
- Pentachlorobenzene (PeCB)
- Polychlorinated biphenyls (PCB)
- Tetrabromodiphenyl ether (tetraBDE) and pentabromodiphenyl ether (PentaBDE)
(a) 2,2',4,4'- tetrabromodiphenyl ether (BDE-47)
(b) 2,2',4,4',5- pentabromodiphenyl ether (BDE-99)
(c) Other tetra- and pentabromodiphenyl ether present in commercial pentabromodiphenyl ether
- Hexabromocyclododecane
(a) hexabromocyclododecane
(b) 1,2,5,6,9,10-hexabromocyclododecane and its main diastereoisomers
(i) alpha-hexabromocyclododecane
(ii) beta-hexabromocyclododecane
(iii) gammahexabromocyclododecane
Type 2 Chemicals
- Asbestos:
(a) Actinolite
(b) Anthophyllite
(c) Amosite
(d) Crocidolite
(e) Tremodlite
- Perfluorooctane sulfonic acid (PFOS), its salts and perfluorooctane sulfonyl fluoride (PFOSF)
(a) Perfluorooctane sulfonic acid (PFOS)
(b) Salts of perfluorooctane sulfonic acid, for example:
(i) potassium perfluorooctane sulfonate
(ii) lithium perfluorooctane sulfonate
(iii) ammonium perfluorooctane sulfonate
(iv) diethanolammonium perfluorooctane sulfonate
(v) tetraethylammonium perfluorooctane sulfonate
(vi) didecyldimethylammonium perfluorooctane sulfonate
(c) Perfluorooctane sulfonyl fluoride (PFOSF)
- Polybrominated biphenyls (PBB)
(a) Octabromobiphenyls
(b) Decabromobiphenyls
- Polychlorinated terphenyls (PCT)
- Short-chain chlorinated paraffins
- Tetraethyl Lead
- Tetramethyl Lead
- Tributyltin compounds:
(a) Tributyltin oxide
(b) Tributyltin fluoride
(c) Tributyltin methacrylate
(d) Tributyltin benzoate
(e) Tributyltin chloride
(f) Tributyltin linoleate
(g) Tributyltin naphthenate
- Tris(2,3-dibromopropyl) phosphate
The import permitting and licensing system does not apply to a scheduled chemical if the chemical is a constituent element of a manufactured product, except when the chemical is PCB and when its concentration as a constituent element of a manufactured product exceeds 0.005% (or 50 ppm) and its volume exceeds 0.05 litre. The import permitting and licensing requirement also does not apply to a Type 2 chemical if the chemical is, or is a part of, an article in transit.
Q3. The system applies to goods originating in and coming from which countries?
The import permitting and licensing system applies to the scheduled chemicals coming from any places. Transshipment and transit of the scheduled chemicals, except for transit of Type 2 chemicals, through HKSAR are also subject to control. Exemptions of import licensing under certain conditions are available for air transshipment cargoes and transit of Type 1 chemicals.
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 import permitting and licensing system is not intended to restrict the quantity or value of imports, but to implement effective control on non-pesticide hazardous chemicals to protect human health and the environment in accordance with, inter alia, the principles of the Stockholm Convention and the Rotterdam Convention. The import quantities are subject to scrutiny to avoid improper use/release of the hazardous chemicals.
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 permitting and licensing system is statutorily required in the HCCO and the IEO. The legislation does not leave designation of waste to be subject to control to administrative discretion. Any changes to the import permitting and licensing system require legislative approval.
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)?
Processing time for permit/licence applications varies from case to case, depending on the complexity of the application, the response time of overseas government agencies and the availability of supporting information from the importers.
For a permit application, the target processing time is within 15 working days upon receipt of all necessary information, payment of application fee, and completion of site visit, if required, to verify the information provided by the applicant.
For an IEO import licence application, the target processing time is within two clear working days upon receipt of all relevant information. In line with the prior informed consent procedure of the Rotterdam Convention, an IEO licence application will only be considered if the applicant can produce evidence of explicit consent of the exporting and importing countries agreeing to the export and import, unless otherwise exempted by the Environmental Protection Department.
A HCCO import permit and an IEO import licence must be obtained prior to the arrival of the shipment.
Q7.b. Can a licence be granted immediately on request?
Since detailed assessment is required for processing the HCCO permit or IEO licence applications, these permits/licences cannot be granted immediately upon 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.
There are no limitations as to the period of the year during which permit application 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 Environmental Protection Department is the sole administrative organ to issue the HCCO permit and IEO licence applications.
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?
Under normal circumstances, application for a HCCO import permit or an IEO import licence is granted if the application meets the legal requirements stipulated in the laws as well as the requirements of the Stockholm Convention and the Rotterdam Convention. In the event of refusal to issue a HCCO import permit, the reasons will be given. The applicant may appeal to the Administrative Appeals Board against the refusal. In case of an IEO import licence application, the applicant has a right to appeal to the Chief Executive of the HKSAR. The right to appeal to the Chief Executive is statutorily provided.
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?
All persons, firms and institutions are eligible to apply for the HCCO import permits. All HCCO import permit holders are eligible to apply for the IEO import licences. There is no published list of authorized importers.
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?
The information required for a HCCO import permit and an IEO Import Licence Form 3 application is outlined in the sample application forms at the following websites:
Permit to Import
https://www.epd.gov.hk/epd/sites/default/files/epd/english/application_for_licences/applic_froms/files/hcc1.pdf. Online application is also available through the Trade Single Window at https://www.tradesinglewindow.hk/portal/en/index.html.
Permit to Transship and Transit
IEO Import Licence Form 3
https://www.tid.gov.hk/english/aboutus/form/sampleform/files/tra187.pdf
Q11. What documents are required upon actual importation?
A HCCO import permit and an IEO import licence are required at the time of actual importation.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
A non-refundable application fee of HK$1,280 or HK$1,710 is required at the time of submission of an application for a HCCO import permit for local use or for transshipment/transit respectively. Renewal application fee is HK$710 for local use and HK$920 for transshipment/transit. No licensing fee or administrative charge is required for an IEO Import Licence Form 3 application. For import licence application made in paper mode, application forms (Form No. TRA187) have to be purchased at HK$20 per pad (containing 20 sets). Online application of Licence for Scheduled Chemicals through the Trade Single Window is free of charge.
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.
No deposit or advance payment is required.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
A HCCO import permit is valid for not more than 12 months. The validity of a permit cannot be extended but the permit can be renewed on yearly basis. An IEO import licence is valid for six months from the date of issue. Extension of validity may be granted on application.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licence and permit are not transferable.
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?
Standard conditions, covering environmental requirements, safety, packaging, labelling, storage, transportation, disposal, emergency arrangements, return shipments and reporting, are included in the HCCO import permits. No other conditions are attached to the issue of the IEO licences.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Requirements under the Stockholm Convention and the Rotterdam Convention need to be observed.
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?
The banking authorities automatically provide foreign exchange for goods to be imported. No licence is required as a condition to obtaining foreign exchange.