Recyclable materials containing hazardous substances
- 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.
Importation clearance is required for the importation of recyclable materials containing hazardous substances to prevent the entry, and/or transit, as well as keeping for storage and disposal of hazardous waste into the country to protect the environment. This is also to support the recycling industry in the Philippines. The importation clearance is issued to registered importer in the DENR through its Environmental Management Bureau-Central Office (EMB-CO).
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Importation Clearance is required for the importation of:
A. Scrap metals
a) Scrap and waste containing precious metals and their alloys of:
- Gold
- Platinum (which include Iridium, Osmium, Palladium, Rhodium, and Ruthenium)
- Silver
b) Metal sludges containing precious metals and all associated metals
c) Ferrous waste and scrap for remelting
- Cast iron
- Stainless steel
- Other alloy steel
- Tinned iron or steel
- Turnings, shavings, chips, milling waste, fillings, trimmings and stampings
- Scraping
- Used iron and steel nails
d) Non-ferrous scraps and alloys
e) Other metal bearing waste arising from melting, smelting and refining of metals of:
- Hard zinc smelter
- Zinc containing drosses such as galvanizing slab zinc top dross (>90% Zn); slab zinc bottom dross (>92% Zn); zinc die cast dross (>85% Zn); hot tip galvanizers zinc dross (>92% Zn)
- Zinc skimmings
- Slags from processing for further refining
f) Used lead-acid batteries
B. Solid plastic materials
a) Waste parings and scrap of plastics
b) Polymerized or co-polymerized
c) Resins of condensation products
C. Electronic assemblies and scrap
a) All electronic assemblies containing printed circuit boards
b) Electronic components containing hazardous substances such as televisions, videocassette recorders, stereos, etc.
D. Used oil
- Spent oil such as waste oil or oil residues
E. Fly ash
- Coal-fired power plant fly-ash.
Q3. The system applies to goods originating in and coming from which countries?
The importation clearance system applies to recyclable materials containing hazardous substances. For importation of used lead acid batteries, electronic assemblies and scrap, and used oil, however, only countries that are Parties to the Basel Convention are allowed to import.
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 licensing only intends to prevent the entry, and/or transit, as well as keeping for storage and disposal of hazardous waste into the country to protect the environment. There were no alternative methods considered of accomplishing the purpose.
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 permitting system for all said recyclable materials is a statutory requirements of Chapter 10 of DENR Administrative Order (DAO) No. 2013-22: Revised Procedures and Standards for the Management of Hazardous Wastes. This system also implements the provision of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.
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 registered Importer must apply for an importation clearance at least 30 working days prior to the actual importation. Each shipment recyclable material shall be covered by an importation clearance.
Q7.b. Can a licence be granted immediately on request?
The importation clearance 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.
The Importer Registry is a one-time application unless otherwise amended by the importer, which must be secured before applying for an Importation Clearance.
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 Importer Registry and Importation Clearance of “recyclable materials containing hazardous substances” listed in Table 10.1 of DAO 2013-22 are processed and issued only by the EMB-CO.
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 what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
There are no circumstances other than failure to meet the standard criteria under which an import clearance may be refused.
Are the reasons for any refusal given to applicants?
Reasons for refusal are given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
No appeal procedures are specified in the legislation.
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?
Is there a system of registration of persons or firms permitted to engage in importation?
The importer should be capable of recycling the recyclable materials intended to be imported.
What persons or firms are eligible to apply for a licence?
Any being, natural or juridical, susceptible of rights and obligations or of being the subject of legal relations.
Is there a registration fee?
The registration fee is PhP7,000.00.
Is there a published list of authorized importers?
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?
What information is required in applications?
The checklist of requirements for importer's registration and importation clearance application can be downloaded from https://emb.gov.ph/wp-content/uploads/2018/11/Checklist_IC.pdf. Applications are conducted online. The applicant should only fill-out the information in the Application Details.
What documents is the importer required to supply with the application?
Applications are thru the Online Permitting and Monitoring System (OPMS). Registration manual can be accessed from https://opms.emb.gov.ph/manual/REGISTRATION.
Q11. What documents are required upon actual importation?
A valid importation clearance.
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?
An importation clearance is PhP3,000.00, with documentary stamp tax is PhP30.00 and legal research fee PhP 15.00.
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.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
An importation clearance shall have the validity of six months, unless otherwise specified by the approval of the importing country.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
None.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The clearance is not transferrable.
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 importation shall only be allowed for the purpose of recycling and recovery as well as trading/reselling of second-hand Electrical and Electronic Equipment for direct reuse. Importation for final disposal is prohibited.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The importation of used lead-acid batteries, used oil and electronic assemblies and scrap are covered by the notification procedure of the Basel Convention on the Transboundary Movement of Hazardous Wastes and their Disposal. The Importation Clearance shall be issued after the consent from the Basel Competent Authority (BCA) of the importing country has been given to the BCA of the exporting country.