Toxic and hazardous wastes
- Document symbol
- G/LIC/N/3/MYS/16
- Original language
- English
- Published on
- 19/11/2024
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 Customs (Prohibition of Imports) Order 2023 regulates the importation of scheduled wastes into Malaysia. This Order is enforced by the Royal Malaysian Customs Department with the condition that prior written approval should be obtained from the Director General of Environmental Quality as stipulated under Section 34B(1)(b), Environmental Quality Act 1974.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The Order applies to scheduled wastes as defined in the Environmental Quality (Scheduled Wastes) Regulations 2005 and the Customs (Prohibition of Imports) Order 2023. Importation of scheduled wastes requires a prior written approval from Director General of Environmental Quality.
Q3. The system applies to goods originating in and coming from which countries?
The importation of hazardous wastes / scheduled wastes restriction applies to all countries and wastes defined as hazardous wastes / scheduled wastes under Malaysia Law. The importation of hazardous wastes/scheduled wastes is prohibited from countries listed in Annex VII to the Basel Convention to all other countries as specified under Ban Amendment (Parties and other States which are members of the OECD, EC and Liechtenstein) and importation is prohibited from a non Party to the Basel Convention.
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/import permit is intended to control the transboundary movements of hazardous wastes/ scheduled wastes to be managed in an environmentally sound manner (EMS) and to achieve the prevention of illegal traffic in Malaysia. The importation of hazardous wastes / scheduled wastes is destined for recovery/reuse only and the importation of hazardous wastes / scheduled wastes for final disposal is totally prohibited.
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?
Is the licensing statutorily required?
Import licences are issued under the Customs (Prohibition of Imports) Order 2023, which is made pursuant to the powers conferred by subsection 31(1) of the Customs Act 1967. Goods subjected to import licensing are scheduled in the said Order.
Is it possible for the government to abolish the system without legislative approval?
By virtue of subsection 31(1) of the Customs Act 1967, it is possible for the Executive to abolish the system without legislative approval since the said provision clearly confers powers to the Executive to prohibit the importation into Malaysia either absolutely or conditionally.
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:
See answers 7.a-7.d.
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)?
How far in advance of importation must application for a licence be made?
Approval/written consent must be obtained prior to shipment from the country of import.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The country of export shall not permit the export of the hazardous wastes / scheduled wastes without a written consent from the country of import (Malaysia). Any transboundary movement of hazardous wastes / scheduled wastes without a written consent from the country of import shall be deemed to be illegal traffic as the result of conduct on the part of the exporter or generator, the State of export shall ensure that the wastes are taken back into the State of export, by the exporter.
Q7.b. Can a licence be granted immediately on request?
No.
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.
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 Department of Environment will issue an import permit/ written approval and the import permit/ written approval need to be attached with the Import declaration form of the Royal Malaysian Customs Department as required under The Customs (Prohibition of Import) Order 2017.
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?
Other than failure to comply with the ordinary criteria, the application shall be rejected If the facility in the importing county (Malaysia) is not environmentally sound manner (ESM) to recovery/reuse the hazardous wastes / scheduled wastes in an in accordance with the Basel Convention.
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?
a) The importers must be a facility/premise that capable to recovery/reuse the hazardous wastes /scheduled wastes in ESM and the facility must be licenced by Department of Environment (DOE), Malaysia. No third party / traders shall be involved in the transboundary movement of the hazardous wastes /scheduled wastes.
b) Not applicable.
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?
Please see the Department of Environment’s website (http://www.doe.gov.my) for the checklist: AS14 (REV. 2006) – Application for the Importation of Scheduled Waste into Malaysia.
Q11. What documents are required upon actual importation?
Written Approval shall be granted by The Director General of Environmental Quality as required under Section 34B (1)(b), Environmental Quality Act 1974 and The Customs Import Declaration Form.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No.
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.
Is there any deposit or advance payment required associated with the issue of licences?
Yes.
Amount or rate?
A refundable Bank Guarantee for the amount of RM10,000.00 is required to be deposited with the Department of Environment for the scheduled wastes shipment process. The Bank Guarantee will be returned upon completion of the transboundary movement and provided the importer comply with all the conditions in the import permit.
Is it refundable?
Yes.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Depends on the request or circumstances. Maximum validity period is twelve (12) months.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
The next application may not be approved.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
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?
Yes, the Department of Environment will specify the conditions in the import permit.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Yes. Every application on import of scheduled wastes is subjected to a thorough evaluation of environmental impacts as well as country obligation to The Basel Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal. Any transboundary movements of hazardous wastes /scheduled wastes shall require the wastes generator or exporter to notify, in writing, through the channel of the competent authority to The Basel Convention of the State of export.