Philippines Reach Regulation for Various Sectors
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Republic Act 6969, “Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990”, is the key law on chemical management in Philippine. The mandate was published by Chemical Management Section (CMS), Department of Environment and Natural Resources (DENR).
A list of Administrative Orders and Memorandum Circulars among relevant enforcement units have entered into force to implement the Rules and Regulation of Republic Act 6969 (RA 6969). It is first and foremast DAO 1992-29 to take shape the legal framework of chemical management. The framework comprises four national approaches and one international approach: Philippine Inventory of Chemical and Chemical Substances (PICCS), Pre-Manufacture Pre-Importation Notification (PMPIN), Priority Chemical List (PCL), Chemical Control Order (CCO), and Globally Harmonized System of Classification and Labelling of Chemicals (GHS).
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National Regulation |
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Implementation officer(s) |
Chemical Management Section (CMS), Department of Environment and Natural Resources (DENR) CMS-DENR-EMB |
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Law |
Republic Act 6969 (RA 6969) approved on October 26, 1990 “Toxic Substances and Hazardous and Nuclear Wastes Control Act” DAO 1992-29 Implementing Rules and Regulations of Republic Act 6969 |
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Objectives |
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Scope |
(Non) hazardous chemical substances and mixtures in the Philippines |
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Target |
Importer-distributors/importer-user-manufacturers/user-manufacturers or any combination of thereby chemicals |
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Compliance obligations
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External Links |
Authority’s Application Forms for chemical management applications: https://chemical.emb.gov.ph/?page_id=132 The application and issuance of certificate/permit: https://opms.emb.gov.ph/accounts/login/ |
Chemical Inventory in Philippine
Philippine Inventory of Chemical and Chemical Substances (PICCS) is an industry-reported list of all existing chemicals and chemical substances used, imported, distributed, processed, manufactured, stored, exported, treated or transported in the Philippines. The updated version (May, 2021) of inventory has so far included 22, 277 chemical substances.
Exemption:
- Non-chemical substances
- Naturally occurring substances
- Small-quantity chemicals manufactured or distributed (not imported) for market test and research and development in quantities less than 1,000 kg per year
- Mixtures
- Radioactive substances, pesticides, drugs, foodstuffs, and consumer products that are regulated by other laws in the Philippines
- By-products (Wastes)
New chemical substances that are not included in PICCS and mixtures have to be notified in Pre-Manufacture and Pre-Importation Requirements (PMPIN) before manufacturing, processing, and importation. Upon approval by the authority, new substances and mixtures will be added into the inventory while manufacturers, processors, and importers are allowed to proceed with operations.
Exemption:
- Articles
- Naturally occurred substances
- Radioactive substances and finished products regulated by other laws
- Polymer listed in PICCS or not in the list but with small quantities (2%)
Based on toxicity level, quantity of importation, and use of industry, chemical substances identified as hazardous and can pose threat to public health, workplace, and the environment are shortlisted in the Priority Chemical List (PCL). In total, 48 toxic substances are on the updated list (December 2005). Importers, distributors, manufacturers are required to secure a PCL compliance certificate for their businesses.
Exemption:
- Chemicals are components of products less than or equals to 1 percent concentration
- Chemicals covered by the Chemical Control Orders (CCOs)
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After assessment, DENR-EMB will gradually move the chemicals on the PCL to Chemical Control Order (CCO). In this case, DENR-EMB plans more precisely to control, prohibit, and phase out these chemicals from the Philippines. Importers, users, distributors, manufacturers, and different waste service providers of these controlled chemicals are required to follow general requirements of application.
To comply with various regulations regarding certificate of conformity, a national harmonized Online Permitting and Monitoring System (OPMS) is available. The service covers the compliance certificates for PMPIN and PCL and the certificate/permit required by PICCS (also known as PICCS Tool).
Complementary regulations
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About fines and fee |
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Prescribing graduated administrative fines |
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Schedule of Fees |
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Providing for New Fees and Charges for Various Services of the Environmental Management Bureau |
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About PICCS |
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Additional Chemicals in PICCS |
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Updated Philippine Inventory of PICCS |
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Delegation Of Authority to The EMB Regional Offices to Issue -“Permit to Transport” for Hazardous Wastes -“Certification” and “Importation Clearance” for Chemicals and Chemical Substances |
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About PMPIN |
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Polymers and Polymer of Low Concern Exemption from the PMPIN Process |
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Data Requirements for PMPIN Procedures |
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About PCL |
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Priority Chemicals List |
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Revised Priority Chemical List |
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Prescribing Additional Requirements for the Issuance of PCL Compliance Certificate |
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Supplemental Guidelines for the DAO 2007-23 |
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Implementation of Online Processing of PCL and PMPIN |
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Clarification on the Coverage of Laboratory Facilities under DAO 2007-23 |
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Clarification to DAO 2007-23 |
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About CCO -general rules |
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Toxic Chemical Substances for Issuance of Chemical Control Orders |
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Harmonization of Registration Forms, Issued Certificates and Procedures for Chemical Control Orders (CCOs), and Small Quantity Importation (SQI) |
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About CCO -specifics chemical categories |
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Mercury and Mercury Compounds, Cyanide and Cyanide Compounds, Asbestos, Polychlorianted Biphenyls, Ozone Depleting Substances, Lead and Lead Compounds, Arsenic and Arsenic Compounds Other related CCO policies, Chromium (VI), Cadmium https://chemical.emb.gov.ph/?page_id=44
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Adoption of GHS
Philippines adopts UN GHS 4th revision and sets up a four-phase implementation timeline in DAO 2015-09. Currently, Philippines is moving to the fourth phase. Phase one covers the chemical substances listed in PIC and CCO. High volume (500 metric tons or more per year) toxic chemicals are included in phase two. According to the MC2017-010, 232 substances are subject to the system. Phase three expands the inclusion to toxic chemicals described under the International Air Transport Association (IATA) and International Maritime Dangerous Goods (IMDG). The final phase is expected to cover mixtures which a draft policy (Guidelines on the implementation of GHS Classification and Labelling Requirements for mixtures) is now in the process of public consultation. Philippines is expected to adopt the 8th revision in 2022.1
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Status |
Adopt UN GHS Rev.4 |
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Regulation(s) |
DAO 2015-09: Rules and Procedures for the Implementation of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) in Preparation of Safety Data Sheet (SDS) and Labelling Requirements of Toxic Chemical Substances EMB MC 2015-011: Guidance Manual for Department Administrative Order 2015-09, “Rules and Procedures for the Implementation of the Globally Harmonized System (GHS) of Classification and Labelling of Chemicals in Preparation of Safety Data Sheets (SDS) and Labelling Requirements of Toxic Chemical Substances MC2017-010: Guidelines in the implementation of GHS classification and labelling requirement for HVCs EMB2020-09: Guidelines In the Implementation of Globally Harmonized System (GHS) Classification and Labelling Requirements for Chemicals Under International Air Transport Association (IATA) And International Maritime Dangerous Goods (IMDG) |
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Scope |
Chemical substances, (high volume) toxic chemicals, dangerous chemicals (identified by IATA and IMDG) |
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Exemption |
Chemicals used in the preparation/production of cosmetics, pharmaceuticals, foods, and pesticides |
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Language |
English used as the primary language in preparing the SDS |
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Comments |
Next step: compulsory GHS compliance for toxic mixtures. |
Chemical regulations from other ministries
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Food and Drug Administration |
The Rules and Regulations for Implementing RA. 9711 for Household/Urban Hazardous Substances (FDA Act of 2009) |
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Philippine National Police |
Rules and Regulations for the Control and Supervision of the Importation, Sale and Possession of Chemicals Used as Ingredients in the Manufacture of Explosives and for other purposes (RA 8294, EO No. 552) |
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Occupational Safety and Health Center |
Rules and Regulations in the Implementation of the Occupational Health and Safety Standards when Handling Chemicals in the Workplace (PD 442) |
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Philippine Drug Enforcement Agency |
Implementing Rules and Regulations for the Registration and Management of Dangerous Drugs and Controlled Precursors and Essential Chemicals (RA 9165) |
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Bureau of Customs |
Customs Memorandum Order No. 9-2015: A regulated imports list includes all regulated chemicals except for those in PICCS and the procedures for acquiring permits. |
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