Middle East Reach Regulation For Various Sectors

Chemical Inventory

Currently Saudi Arabia does not have a chemical inventory, but they have a list of chemicals which are banned from entering the country. However, the Gulf Standardization Organization (GSO) of which Saudi Arabia is a member is investigating to create an overall inventory for the region. The GSO comprises Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, Yemen, and the United Arab Emirates. Local chemical regulations exist within different regions of Saudi Arabia, for example in the cities of Jubail and Yanbu which have their own chemical management systems. The Royal Commission for Jubail and Yanbu have issued the Royal Commission Environmental Regulations (RCER). It should be noted that based on the RCER all importers and manufacturers are required to comply with this regulation if they intend to sell, distribute, and import chemicals within these regions. The RCER has established its own inventory, Safety Data Sheet (SDS) and labelling requirements.

National Chemical Regulation 

Currently there is no established chemical regulation within Saudi Arabia. However, there are guidelines which explain to international importers or manufacturers how to import and manufacture chemical substances in Saudi Arabia. These guidelines, which are published by the Saudi Food and Drug Authority (SFDA), also categorize the chemical substances and set ground for the needed legal and scientific information.

Authority

The Saudi Arabian Standard Organization (SASO) is the main agency responsible for the chemical regulations and standards. The Saudi Ministry of Commerce and Industry is responsible for providing import licenses to companies intending to import or manufacture chemical substances in Saudi Arabia. However, for substances which are categorized as explosive or dangerous to humans and the environment a special request should be submitted to the Ministry of Interior or the Ministry of Health. It should be noted that based on the purpose or the industry that uses the substance, different ministries could be appropriate for the use and regulation. In the table below a summary of different substance categories and responsible ministries is listed (based on the Article 3 of the Law of Chemical Import and Management 2006) 

Responsible Ministries for different substance categories

Substance Categories

Article 1-1 of the Law on ChemicalsManagement, also known as Decree No. M/38, which entered into force on 12 June 2006, lists the banned and restricted substances regulated by that law. These are chemicals in the gaseous, liquid, or solid state that are mentioned in scientific references recognized locally or internationally. The nine lists are summarised in the following table.

Summary of the nine lists of banned and restricted substances

Based on the Saudi Arabia legislation and costumes the following substance type are exempted from the categorisation:

• Drugs

• Chemicals for household such as detergents, air fresheners, pesticides, and surface and device polishers.

• Chemicals imported directly by the armed forces for military purposes

Who should comply

Based on the Law of Chemical Import and Management any individual or company that deals with chemicals including their production, manufacture, circulation, transportation, and storage are subjected to the environmental and import law. Furthermore, there is no Only Representative (OR) role in Saudi Arabia.

Annual Report

Under the Royal Commission Environmental Regulations (RECR) importers and manufacturers of highly toxic chemicals must create and keep an inventory if the volume of the substance exceeds 50 kg. Furthermore, for all chemical substances an inventory should be created and kept if the volume of the substance exceeds 5000 kg. It should be noted that the RECR only applies in the cities of Jubail and Yanbu and on the national scale the importer only is required to provide information regarding the quantities which are consumed, produced, and damaged at the end of each calendar year to the Ministry of Interior.

Penalties for Non-Compliance

Based on Article 13 of the Law on Chemicals Management the government of Saudi Arabia has set several penalties for any individual or company not complying with the Law of Chemical Import and Management. The following penalties could be given based on the level of non-compliance:

•  A fine of no more than 500,000 riyals (approximately US$ 130,000).

• Imprisonment up to five years

•  A five-year ban on the importation and handling of chemicals

Furthermore, in addition to the mentioned penalties, a ruling ordering the return of imported chemicals may also be made.

Compliance

The importer is required to obtain an import license which is granted by the Ministry of Commerce. However, the chemicals which are imported by companies which are located in Saudi Arabia need to obtain an approval and an import license both from the Ministry of Industry and the Ministry of Electricity. Furthermore, due to the reason that Saudi Arabia does not have any chemical inventory nor a chemical registration system, manufacturers are allowed to import chemicals as long as the substance is not in the forbidden list of Saudi Arabia and all information and documents have been presented.

List no.

Types of substances

Number of Substances

1 

Dangerous chemicals that are used in the composition of explosives

131

2 

 Chemical precursors that are used in the manufacture of narcotic drugs and psychotropic substances

19

3 

Chemicals that are used in the synthesis of explosives and chemical precursors that are used in the manufacture of drugs and psychotropic substances

5

4 

Chemicals banned under the Rotterdam Convention of 1998 regarding prior informed consent procedures for certain dangerous chemicals and pesticides in international trade

43

5 

Chemicals banned under the Stockholm Convention of 2001 related to Persistent Organic Pollutants (POPs)

10

6 

Chemicals banned under the Montreal Convention of 1987 to ban 

chemicals that deplete the ozone layer

96

7 

Banned and restricted chemicals listed in the schedules of the 

Convention on the Prohibition of the development, production, storage and use of chemical weapons and the destruction of those weapons of 1993 AD, and the Implementation Law of the Chemical Weapons Convention issued by Royal Decree No. (M/75) on 26/10/1426 AH.

and its Implementation Regulation. 

-

8 

Explosive substances for civilian use to which the Explosives and

Explosives System promulgated by Royal Decree No. (M/38) on 1

8/4/1428 AH. and its Implementation Regulation 

 -

9 

Chemicals that are not restricted in the above lists. 

 -