Chemicals listed under the Priority Chemical List (PCL)
- Document symbol
- G/LIC/N/3/PHL/15/Rev.1
- Original language
- English
- Published on
- 21/02/2023
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.
Chemicals and chemical substances listed under Priority Chemical List (PCL) that will be imported, distributed, manufactured or used must secure a Priority Chemical List (PCL) Compliance Certificate to allow its release by the Bureau of Customs (BOC). The applicant must apply PCL Compliance Certificate under the Online Permitting and Monitoring System (OPMS) or the link found at https://opms.emb.gov.ph/.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Chemicals listed under DENR Administrative Order No. 2005-27, "Revised Priority Chemical List" except those chemicals classified under the CCO are regulated and need to secure the PCL Compliance Certificate. Chemicals that needs to secure a PCL Compliance Certificate are the following: Please see Products
Q3. The system applies to goods originating in and coming from which countries?
The permit system applies to chemicals and mixtures coming from all countries.
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?
Importation of chemical and chemical substances listed under the PCL does not restrict the quantity or value of imports. However, volume given depends on the production capacity or allowable volume an applicant can handle. The PCL Compliance Certificate serves as a special reporting requirements which enable the EMB to obtain information concerning the chemicals and its uses which then help or become a basis on which chemicals needs to be controlled.
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?
The DENR Administrative Order No. 2005-27, "Revised PCL" and DENR Administrative Order No. 2007 23, "Prescribing Additional Requirements for the Issuance of the PCL Compliance Certificate" require importer-distributor and importer user-manufacturer/user-manufacturer to secure the PCL Compliance Certificate.
Licensing Procedures on the PCL were cited on the following Laws:
(a) DAO 2005-27: Revised Priority Chemical List;
(b) DAO 2007-23: Prescribing Additional Requirements for the Issuance of the Priority Chemical List ((PCL) Compliance Certificate;
(c) EMB MC 2014-003: Supplemental Guidelines for the DENR AO 2007-23 (Prescribing Additional Requirements for the Issuance of the Priority Chemical List (PCL) Compliance Certificate;
(d) EMB MC 2016-003: Implementation of Online Processing of Priority Chemical List (PCL) and Premanufacture Preimportation Notification (PMPIN) Under the Title II of DENR AO 29, Series of 1992, of RA 6969;
(e) EMB MC 2017-007: Clarification on the Coverage of Laboratory Facilities under DAO 2007-23 (PCL); and
(f) EMB MC 2020-010: Clarification to DENR Administrative Order 2007-23 on the Scope of Requirements under the Priority Chemicals List (PCL) Compliance Certificate.
Is it possible for the government to abolish the system without legislative approval?
The system cannot be abolished without 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)?
The time allowed for submitting applications for PCL Compliance Certificate is one month prior to the importation or expiration of the permit.
Q7.b. Can a licence be granted immediately on request?
Submission of complete documentary requirements of an applicant may result for immediate approval of the PCL Compliance Certificate.
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.
Application is done online thus the applicant can apply any time of the day. However, processing days of application are counted based on working days of the EMB.
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?
Yes, only a single administrative organ.
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?
Application for a PCL Compliance Certificate may be refused if the applicant does not submit the complete documentary requirements.
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 following industrial companies that use chemicals listed under the PCL must secure a PCL Compliance Certificate:
(a) Importer and/or Distributor
(b) User and/or Manufacturers
(c) End-User
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?
Company name, company address, contact person, contact number, chemical name, trade name, CAS number, volume and chemical use. Requirements are the following:
(a) Notarized Annual Report Form
(b) Safety Data Sheet (ISO or GHS format)
(c) Hazardous Waste Generators ID
(d) Environmental Compliance Certificate
(e) Discharge Permit
(f) Permit to Operate
(g) Summary of Importation (for importers)
(h) Chemical Management Plan
(i) Contingency/Emergency Plan
(j) List of users/customers (for importer/distributor)
(k) SMR
(l) Photo of storage facility
(m) Basic knowledge pose by the use and release of chemical
(n) Copy of Previous PCL (if applicable)
(o) Processing fee
Q11. What documents are required upon actual importation?
The approved PCL Compliance Certificate is required for the actual importation of chemical or chemical substances.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
Payment of PHP 1000,00 per chemical, documentary stamp of PHP 30.00 and legal research fee of PHP 10.00.
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 accepted for applications.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The PCL Compliance Certificate is valid for one year from the date of issuance.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
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 PCL Compliance Certificate has terms and conditions that an applicant must comply with.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Applicants can apply for PCL exemption if the chemicals are used solely as standard solutions or as reagents for laboratory analysis or if the chemicals are simply component ingredient(s) of other substances/products with threshold limit cut off of less than or equal to 1% concentration in (mixtures).