STATUTORY INSTRUMENTS

SUPPLEMENT No. 13 26th April, 2024

STATUTORY INSTRUMENTS SUPPLEMENT

to The Uganda Gazette No. 29 Volume CXVII, dated 26th April, 2024
Printed by UPPC, Entebbe, by Order of the Government.

S T A T U T O R Y I N S T R U M E N T S

2024 No. 21.

THE NATIONAL ENVIRONMENT (MANAGEMENT OF HAZARDOUS

CHEMICALS AND PRODUCTS CONTAINING HAZARDOUS
CHEMICALS) REGULATIONS, 2024

ARRANGEMENT OF REGULATIONS

Part I—Preliminary
Regulation
1. Title
2. Application
3. Interpretation

Part II—General Requirements

4. Compliance with principles of environment management
5. Responsibility for hazardous chemical management
6. Management of hazardous chemical waste

Part III—Prohibitions And Restrictions

7. Prohibited chemicals
8. Restricted chemicals

Part IV—Technical Committee on Management

of Chemicals

9. Technical committee on management of chemicals

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 Part V—Classification and Registration of Chemicals

10. Classification of chemicals

11. Registration of hazardous chemicals
12. Application for registration of hazardous chemicals
13. Publication of notice of intention to register hazardous chemicals
14. Processing of application for registration of hazardous chemicals

Part VI—Licence to Deal in Hazardous Chemicals

15. Licence to import, export, store, manufacture, formulate, repackage

or use hazardous chemicals
16. Application for licence
17. Consultations
18. Publication of notice of intention to issue licence
19. Processing of application for licence
20. Considerations before issuance of licence
21. Financial security
22. Insurance
23. Environmental risk assessment
24. Issuance of licence
25. Conditions of licence
26. Duration of licence
27. Variation of licence
28. Suspension or revocation of licence
29. Renewal of licence
30. Transfer of chemicals management facility

Part VII—Storage, Labelling, Packaging and

Transportation of Hazardous Chemicals

31. Requirements for storage of hazardous chemicals

32. Labelling of hazardous chemicals
33. Packaging of hazardous chemicals

Transportation and Distribution of Hazardous Chemicals

34. Transportation or distribution of hazardous chemicals

35. Movement of hazardous chemicals on water
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 Part VIII—Precautions, Emergency Preparedness
and Response

36. Precautionary measures

37. Emergency preparedness and response
38. Operational shutdowns and emergencies

Part IV—Chemical Contaminated Sites

39. Chemical contaminated sites

Part X—Transboundary Movement of

Hazardous Chemicals

40. Transboundary movement of hazardous chemicals

41. Hazardous chemicals in transit through Uganda
42. Notification procedures and prior informed consent

Part XI—Articles Containing Hazardous Chemicals

43. Articles containing hazardous chemicals

Management of Mercury and Products Containing Mercury

44. Prohibition and restrictions on use of mercury or mercury
compounds
45. Exemptions for use of mercury in manufacturing process
46. Dental amalgam and vaccines containing thiomersal as preservatives

Part XII—Public Information, Awareness,

Education and Research
47. Database of hazardous chemicals
48. Exchange of information
49. Research, development and monitoring
50. Public information, awareness and education
Part XIII—Compliance and Enforcement
51. Chemicals records
52. Annual reports of chemicals handled
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 53. Provision of samples and analysis
54. Monitoring and inspection

Part XIV—Offences, Penalties and Administrative

Measures

55. Offences and penalties

56. Administrative measures and fines

Part XV—Transitional
57. Transitional

SCHEDULES
SCHEDULE 1 — CURRENCY POINT
SCHEDULE 2 — PROHIBITED CHEMICALS
SCHEDULE 3 — RESTRICTED CHEMICALS
SCHEDULE 4 — CLASSIFICATION OF HAZARDOUS CHEMICALS
SCHEDULE 5 — FORMS
SCHEDULE 6 — FEES
SCHEDULE 7 — FORMAT FOR FINANCIAL SECURITY
SCHEDULE 8 — PICTOGRAMS AND SYMBOLS FOR LABELLING
OF HAZARDOUS CHEMICALS
SCHEDULE 9 — DESIGNATED PORTS OF ENTRY AND EXIT
SCHEDULE 10 — FORMAT FOR REPORTING ON HAZARDOUS
CHEMICALS AND CHEMICALS PRODUCTS
ACTIVITIES.

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 S T A T U T O R Y I N S T R U M E N T S

2024 No. 21.

The National Environment (Management of Hazardous

Chemicals and Products Containing Hazardous Chemicals)
Regulations, 2024

(Under Part VI and section 179 of the National Environment Act, 2019,
Act No. 5 of 2019)

IN EXERCISE of the powers conferred upon the Minister by section

179 of the National Environment Act, 2019 and in consulatation with
the National Environment Management Authority, these Regulations
are made this 15th day of March, 2024.

Part I—Preliminary

1. Title
These Regulations may be cited as the National Environment
(Management of Hazardous Chemicals and Products Containing
Hazardous Chemicals) Regulations, 2024.

2. Application
(1) These Regulations apply—
(a) to the life cycle management of hazardous chemicals,
including unintentionally produced persistent organic
pollutants;
(b) in accordance with paragraph (a), to the management of
mercury or mercury compounds, lead, cyanide, arsenic
and polonium; and
(c) to the management of transboundary movement of
hazardous chemicals.

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 (2) For the avoidance of doubt, subregulation (1) shall not
apply to chemicals or chemical products, substances or mixtures
regulated under the Agricultural Chemicals Control Act, 2006, the
Atomic Energy Act, 2008, the National Drug Policy and Authority
Act, the Toxic Chemicals Prohibition Control Act, 2016 and the
National Environment (Management of Ozone Depleting Substances
and Products) Regulations, 2020.

3. Interpretation
In these Regulations unless the context otherwise requires—

“Act” means the National Environment Act, 2019;

“article” means an object or product which during production is

given a special shape, surface or design which determines
its function to a greater degree than does its chemical
composition;
“Authority” means the National Environment Management
Authority established by the Act;
“authorised officer” means an officer of the Authority or any
other person authorised to act on behalf of the Authority
under the Act;
“Board” means the Board of the National Environment
Management Authority established by section 12 of the
Act;
“chemical’ means any chemical element or compound on its own
or as a mixture composed of two or more substances, as it
occurs in the natural state or as produced, used or released
into the environment, by any work activity, whether or not
produced intentionally and whether or not placed on the
market;
“chemical abstract service number (CAS)” means a unique nu-
merical identifier assigned by the Chemical Abstracts Ser-
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 vice (CAS) to every chemical substance described in the
open scientific literature, including organic and inorgan-
ic compounds, minerals, isotopes, alloys, mixtures and
non-structural materials;

“chemical management facility” means a facility for the import,

manufacture, formulation or re-packaging of chemicals,
including during decommissioning operations;

“chemical waste” means any chemical which is dumped,

abandoned, discarded or disposed of or intended or
required by law to be disposed of;

“committee” means the technical committee on management of

chemicals management established by regulation 9;

“currency point” has the value assigned to it in Schedule 1 to

these Regulations;

“designated laboratory” means a laboratory formally recognized

as having the appropriate competence to undertake analysis
and having valid accreditation by an internationally
recognized accreditation body for the analysis of hazardous
chemicals and articles containing hazardous chemicals
based on ISO 17025;

“Designated National Authority” means the Ministry responsible

for water and environment;

“environmental inspector” means a person designated as an

environmental inspector under section 127 of the Act;

“Globally Harmonized System (GHS)” means the United Nations

system of classification and labelling of chemicals by types
of hazards set out in Schedule 4 to these Regulations;

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“hazardous chemical” means any chemical which meets the
criteria for classification as hazardous within any physical,
health hazard or environmental classes in accordance with
these Regulations;

“IUPAC” means the International Union of Pure and Applied

Chemistry;
“lead agency” means a ministry, department, agency, local
government or public officer in which or in whom the
functions of control or management of any segment of the
environment are vested;
“licensee” means a person licensed to import, manufacture,
formulate, re-package, store, export, or use chemicals
under these Regulations;

“mixture” means a mixture or solution composed of two or more

substances;

“prior informed consent” means the consent that must be given

for any transboundary movement of hazardous chemicals
and chemical products prescribed under these Regulations
in conformity with the Rotterdam Convention on the
Prior Informed Consent Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade, 1998;
“restricted chemical” means a chemical regulated under these
Regulations, whether existing alone or in a mixture, for
which most uses have been restricted internationally or by
the Authority;
“Safety Data Sheet” means a document that provides health and
safety information about hazardous chemicals”
“substance” means a chemical element or a compound in
its natural state or obtained in the production process,
including additives that are necessary for maintaining its
physical stability and its properties;
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 “transboundary movement of chemicals” means any movement
of hazardous chemicals from another country to or through
Uganda or from Uganda to another country;

“vessel” includes motor vehicle, ship, aircraft or other mode of

transport.

Part II—General Requirements

4. Compliance with principles of environment management

A person who imports, manufactures, formulates, re-packages, stores,
sells, distributes, transports, exports, re-exports, uses or disposes of
chemicals to which these Regulations apply shall, in compliance with
the environmental principles set out in section 5 of the Act, these
Regulations and any other written law—

(a) apply measures in the management of hazardous chemicals

and articles containing hazardous chemicals to prevent
harm to human health and ensure safety of human beings;

(b) apply measures in the management of hazardous chemicals

and articles containing hazardous chemicals to prevent
pollution, harm to biological diversity and contamination
of the wider environment;

(c) use the best available technologies and best environment

management practices;

(d) take measures to ensure public participation and

stakeholder involvement in the management of hazardous
chemicals and articles containing hazardous chemicals;
and

(e) take measures to substitute hazardous chemicals and

articles containing hazardous chemicals with less
hazardous or non-hazardous alternatives.

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5. Responsibility for hazardous chemical management
(1) A person who imports, manufactures, formulates, re-
packages, stores, sells, distributes, transports, exports, re-exports, uses
or disposes of hazardous chemicals or articles containing hazardous
chemicals shall take measures to ensure that—

(a) the hazardous chemicals and articles containing hazardous

chemicals are managed appropriately in accordance
with the Act, these Regulations, any other written law,
environmental standards and conditions of the licence;

(b) the hazardous chemicals and articles containing hazardous

chemicals are managed in a manner that does not cause
harm to human health or to the environment; and

(c) any leakage or spillage of hazardous chemicals are quickly

detected and managed.

(2) A person referred to under subregulation (1) whose activities

may have the potential for release of un-intentional persistent
organic pollutants shall implement best available techniques and best
environmental practices to prevent the release of such substances into
the environment.

(3) A person who imports, manufactures, formulates, re-

packages, stores, sells, distributes, transports, exports, re-exports,
uses for commercial or industrial purposes or disposes of hazardous
chemicals shall, in accordance with the Act, the Occupational Safety
and Health Act, 2006, the National Environment (Management of
Ozone Depleting Substances and Products) Regulations, 2020 and any
other written law, ensure that their employees or contractors are—
(a) aware of the risks or hazards associated with the handling
of the chemicals;
(b) trained in the handling and management of the hazards
and risks associated with the chemicals;
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 (c) protected from exposure to health hazards;
(d) provided with appropriate personal protective equipment
and first aid facilities;
(e) accorded periodic and annual medical check-ups as may
be commensurate to the health risks they face; and
(f) provided with appropriate equipment or facilities for
handling the chemicals.

(4) The Authority, lead agency or a person who imports,

manufactures, formulates, re-packages, stores, sells, distributes,
transports exports, re-exports, uses or disposes of hazardous chemicals
or articles containing hazardous chemicals shall create awareness
about the hazards associated with hazardous chemicals and promote
safe handling practices.

6. Management of hazardous chemical waste

(1) A person who imports, manufactures, formulates, re-
packages, stores, sells, distributes, transports, exports, re-exports,
uses or disposes of hazardous chemicals and articles containing
hazardous chemicals shall manage waste resulting from the activities
in accordance with the Act, the National Environment (Waste
Management) Regulations, 2020, the Petroleum (Waste Management)
Regulations, 2019 and any other written law.

(2) Without limiting the general effect of subregulation (1), a

person handling hazardous chemicals and articles containing persistent
organic pollutants, mercury or any other hazardous chemicals upon
becoming waste consisting of, containing or contaminated with a
hazardous chemical shall manage the waste in a manner protective of
human health and the environment, and ensure that the waste—

(a) is disposed of in a manner that destroys or irreversibly

transforms the chemical content of the waste so that it
does not exhibit the characteristics of that chemical; and

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 (b) is not transported across international boundaries without
taking into account relevant international environmental
safeguards, in accordance with the National Environment
(Waste Management) Regulations, 2020.

Part III—Prohibitions And Restrictions

7. Prohibited chemicals
A person shall not import, manufacture, formulate, re-package, store,
sell, distribute, export, re-export or use hazardous chemicals prohibited
under section 70(1) and Schedule 8 of the Act and listed as prohibited
under Schedule 2 to these Regulations.

8. Restricted chemicals
(1) The chemicals listed in Schedule 3 to these Regulations
are restricted.

(2) The restriction in subregulation (1) shall apply to chemicals

which may be allowed for exceptional use under these Regulations,
following an assessment to the satisfaction of the Authority, of all
alternatives by the applicant to explicitly demonstrate the need for
such chemicals, and after obtaining and registering an exemption in
accordance with the Stockholm Convention on Persistent Organic
Pollutants, 2004, the Minamata Convention on Mercury, 2013, other
international conventions to which Uganda is a Party and any other
applicable written law.
(3) A person shall not import, export, re-export manufacture,
formulate, re-package, store, sell, distribute or use restricted chemicals
without a licence issued in accordance with regulation 20.

Part IV—Technical Committee on Chemicals

Management

9. Technical committee on management of chemicals

(1) The board shall, on the advice of the Executive Director,
establish a technical committee on management of chemicals in
accordance with section 21 of the Act.
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 (2) The functions of the committee are—
(a) to advise the Authority on the harmonization of standards
for classification and labelling of chemicals and pesticides;
(b) to advise the Authority on the registration, ban, prohibition,
restrictions and exemptions of hazardous chemicals and
pesticides;
(c) to advise the Authority on matters on the registration of
hazardous chemicals under these Regulations;
(d) to give technical advice on measures for the protection
of human health and the environment from the potential
impacts of hazardous chemicals and pesticides; and
(e) to perform any other delegated functions as may be
determined by the Board.

(3) The Committee shall comprise of persons with technical

qualifications and experience in matters of chemicals management,
occupational safety and health, pollution control, environmental
science and other such expertise as the Board may determine.

(4) The Committee shall consist of—

(a) one person from the Ministry responsible for minerals,
representing the mining sector;
(b) one person from the Ministry responsible for agriculture;
(c) one person from the Ministry responsible for occupational
health and safety;
(d) one person from the Uganda National Bureau of Standards;
(e) one person from the Ministry responsible for health;
(f) a representative of academia from a University with
programmes in chemicals management; and
(g) the Executive Director.
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 (5) The Executive Director shall be the Chairperson of the
Committee.

(6) The members of the Committee in subregulation (4)(a),

(b),(c),(d), (e) and (f) shall hold office for a term of three years and
shall be eligible for reappointment for a further two terms.

Part V—Classification and Registration

of Chemicals

10. Classification of chemicals

(1) A person who imports, manufactures, formulates, re-
packages, exports or re-exports chemicals shall ensure that the
chemicals are classified and labelled in accordance with the Globally
Harmonized System referred to in Schedule 4 to these Regulations.

(2) The classification referred to under subregulation (1) shall

be in accordance with the following hazard groupings—
(a) physical hazards;
(b) health hazards; or
(c) environmental hazards.

(3) The classes under the physical hazards group referred to

under subregulation (2) (a) include—
(a) explosives;
(b) flammable gases;
(c) aerosols;
(d) oxidizing gases;
(e) gases under pressure;
(f) flammable liquids;
(g) flammable solids;
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 (h) self-reactive substances and mixtures;
(i) pyrophoric liquids;
(j) pyrophoric solids;
(k) self-heating substances and mixtures;
(l) substances and mixtures which, in contact with water, emit
flammable gases;
(m) oxidizing liquids;
(n) oxidizing solids;
(o) organic peroxides;
(p) corrosive to metals; and
(q) desensitized explosives.

(4) The classes under the health hazards group referred to

under subregulation (2) (b) include—
(a) acute toxicity;
(b) skin corrosion or irritation;
(c) serious eye damage or eye irritation;
(d) respiratory or skin sensitization;
(e) germ cell mutagenicity;
(f) carcinogenicity;
(g) reproductive toxicity;
(h) specific target organ toxicity - single exposure;
(i) specific target organ toxicity - repeated exposure; or
(j) aspiration hazard.

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 (5) The classes under the environment hazards group referred
to under subregulation (2) (c) include—
(a) chemicals hazardous to the aquatic environment, both
acute and chronic; or
(b) chemicals hazardous to the ozone layer, which are
regulated by the National Environment (Management of
Ozone Depleting Substances and Products) Regulations,
2020 and accordingly fall outside the scope of these
Regulations.

(6) This regulation applies to substitute substances, mixtures

and re-formulation of chemicals.

11. Registration of hazardous chemicals

(1) A person shall not import, manufacture, formulate, re-
package or otherwise deal in a hazardous chemical that is not registered
by the Authority in accordance with these Regulations.

(2) A person intending to import, manufacture, formulate,

re-package, or otherwise deal in a hazardous chemical which is not
registered shall apply for registration of the chemical in Form 1
prescribed in Schedule 5 to these Regulations.

(3) The application referred to in regulation (2) shall provide

information on—
(a) the name and contact details of the applicant;
(b) the IUPAC name of the chemical and its associated
classification;
(c) safety data sheet;
(d) labelling in accordance with the Globally Harmonized
System;
(e) properties of the chemical, including associated hazards
and general control measures;
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 (f) an assessment of the inherent risks of the chemical and
how the risks should be controlled;
(g) supply and use restrictions; and
(h) end use or application of the chemical.
(5) The information registered under this regulation shall
be kept in a register established and maintained by the Authority in
accordance with regulation 47.
12. Application for registration of hazardous chemical
(1) A person who intends to import, manufacture, formulate,
re-package or otherwise deal in a hazardous chemical, where the
chemical has not been previously registered, shall apply to the
Authority for the registration of the hazardous chemical in Form 1 set
out in Schedule 5 to these Regulations.
(2) An application under subregulation (1) shall be
accompanied by—
(a) the name and address of the applicant;
(b) the hazardous category of the chemical;
(c) the details of the composition and scientific nomenclature
of the chemical;
(d) details of intended use;
(e) details of the possible dangers to human health and the
environment;
(f) details of procedures for its proper treatment and disposal;
(g) instructions for the safe handling of the chemical; and
(h) material safety data sheets for the chemical.

13. Publication of notice of intention to register hazardous

chemical
(1) The Authority may, where it deems it necessary, publish
its intention to register a hazardous chemical in a newspaper of
national circulation and any other media, at least fifteen days before
the hazardous chemical is registered.
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 (2) The notice under subregulation (1) shall contain—
(a) the chemical identifier;
(b) the classification and categorization of the hazardous
chemical in accordance with the Globally Harmonized
System for classification and labelling of chemicals;
(c) where applicable, an invitation to the public to make
comments within the period specified in the notice; and
(d) any other information the Authority may deem necessary.

14. Processing of application for registration of hazardous

chemical
(1) The Authority shall conduct the necessary investigations
or inquiry as it considers necessary or desirable, which may include—
(a) requesting for a sample to be delivered to a reference
laboratory for analysis, at the cost of the applicant; and
(b) consultations with the relevant lead agency, private sector
or any other relevant stakeholder before making a decision
on an application.

(2) The lead agency, private sector or other stakeholder

consulted under subregulation (1) shall review the application and
submit their comments and recommendations on the application
within fourteen days of receipt of the application from the Authority
or such lesser period as determined by the Authority.

(3) The information obtained in regulation 13 and subregulation

(1) shall be compiled into a dossier and submitted to the Committee
for consideration.

(4) The Committee shall, in processing an application for

registration of a hazardous chemical under these Regulations, where
applicable, take into account comments and recommendations received
under regulation 13 and subregulation (2).
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 (5) The Committee may, in processing an application
consider—
(a) the risk evaluation profile for the hazardous chemical;
(b) possible effects of the chemicals on the environment;
(c) restrictions on production and use of the hazardous chemi-
cal under multi-lateral environmental agreements to which
Uganda is a Party; and
(d) other published scientific and technical information avail-
able on the production and use of the chemical.

(6) The Authority shall process an application for the registra-

tion of a hazardous chemical within twenty one days from the date of
receipt of the application and upon receipt of the recommendation of
the Committee.

Part VI—Licence to Deal in Hazardous Chemicals

15. Licence to import, export, store, manufacture, formulate, re-

package or use hazardous chemicals
(1) A person shall not import, export, manufacture, formulate,
re-package, distribute, store or use, for commercial or industrial
purposes, a hazardous chemical without a licence issued by the
Authority in accordance with the Act and these Regulations.

(2) A person shall not, without a licence issued by the Authority

in accordance with the Act and these Regulations import, manufacture,
formulate, re-package, store, sell, distribute, export, re-export or use
restricted hazardous chemicals exempted under regulation 8 and listed
in Schedule 3 to these Regulations.
(3) A person intending to import or export a hazardous
chemical referred to under Part X of these Regulations shall, in addition
to the licence required under subregulation (1), obtain prior informed
consent from the Designated National Authority for each consignment
to be imported or exported.
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16. Application for licence
(1) A person referred to in regulation 15 shall apply to the
Authority for a licence using Form 1 set out in Schedule 5 to these
Regulations, accompanied by proof of payment of the fee prescribed
in Schedule 6 to these Regulations.

(2) An application referred to in subregulation (1) shall, in

respect to the manufacture, formulation, re-packaging or storage of
hazardous chemicals, be accompanied by a copy of a certificate of
approval of environmental and social impact assessment for the facility
granted in accordance with the Act and the National Environment
(Environment and Social Assessment) Regulations, 2020.

17. Consultations
(1) The Authority may consult the relevant lead agency, private
sector or any other relevant stakeholder before making a decision on
an application under this Part.

(2) The lead agency, private sector or other stakeholder

consulted under subregulation (1) shall review the application and
submit their comments and recommendations on the application
within fourteen days of receipt of the application from the Authority,
or such lesser period as determined by the Authority.

18. Publication of notice of intention to issue licence

(1) The Authority may, where it deems it necessary and at the
cost of the applicant, publish its intention to issue a licence to import,
manufacture, export, store, formulate, re-package or use a hazardous
chemical in a newspaper of nation wide circulation and any other
media, at least fifteen days before the issuance of the licence.

(2) The notice under subregulation (1) shall contain—

(a) the name and address of the applicant;
(b) the proposed site or activity, where appropriate;
(c) where applicable, the invitation to the public to make
comments within the period specified in the notice; and
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 (d) any other information that the Authority may deem
necessary.

19. Processing of application for licence

(1) The Authority shall process an application for the import,
export, manufacture, storage, formulation, re-packaging or use of
hazardous chemicals under these Regulations, within fourteen days
from the date of receipt of the complete application.

(2) The Authority shall, in processing an application under

these Regulations, where applicable, take into account comments and
recommendations received under regulations 14 and 15.

(3) The Authority may, in processing the application—

(a) conduct inspections necessary to enable it to make an

informed decision regarding—

(i) the availability of adequate and appropriate facilities

and equipment to import, export, store, manufacture,
formulate, re-package or use the hazardous chemical
for which the application is made;

(ii) measures for the protection of human health and the

environment; and

(iii) any other specific measure that the Authority may

deem necessary;

(b) verify that the applicant has demonstrated technical

capacity to manage the hazardous chemical;

(c) consider the possible effects of the chemical on the

environment;

(d) verify that the applicant is aware of the toxicity and

hazardous nature of the chemical and the risk involved in
its use and handling;
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 (e) confirm that the applicant has adequate and appropriate
facilities and equipment to import, manufacture, formulate
or re-package the chemical or chemical products;
(f) verify that the applicant has plans and appropriate means
to dispose of chemical waste, including expired hazardous
chemicals and containers of chemicals in accordance
with the National Environment (Waste Management)
Regulations 2020;
(g) verify that the applicant meets any other relevant
requirements of the Act, these Regulations, environmental
standards and any other written law; and
(h) take into account any other measures necessary to ensure
compliance with the relevant requirements of the Act,
these Regulations, environmental standards and any other
written law.

20. Considerations before issuance of licence

The Authority may, before issuing a licence, require the applicant
to—
(a) provide samples or undertake an analysis of the hazardous
chemical that is the subject of the application; and
(b) take out financial security.

21. Financial security

(1) The Authority may, in accordance with section 141 of the
Act, require an applicant for a licence to provide financial security.

(2) The financial security referred to in subregulation (1) may

include—
(a) an on-demand bank guarantee in the format set out in
Schedule 7 to these Regulations;
(b) insurance;
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 (c) a performance bond;
(d) an escrow agreement; or
(e) any other form of credit or similar security as the Authority
may determine.

(3) The financial security shall guarantee—

(a) environmental remediation; where there is need for
immediate response action to acute chemical pollution
occasioned by the chemical management activity of the
person handling the chemicals;
(b) decommissioning, restoration and after-care procedures
for the chemical management facility; where such
procedures have not been carried out to the satisfaction of
the Authority;
(c) the cost of managing any environmental remediation,
clean up, decommissioning, restoration and after-care
procedures; where the person managing the chemicals is
declared insolvent; or
(d) any other situation that the Authority may deem necessary.

(4) The Authority may, in determining the financial security

to be provided by the applicant under subregulation (1), take into
consideration—
(a) the type and quantity of chemical the applicant is authorised
to handle;
(b) the possible costs related to decommissioning, restoration
and after-care procedures;
(c) the location of the activity;
(d) the potential cost of clean-up operations for the hazardous
chemical that may not be handled by the applicant; and
(e) the risks associated with the chemical management
activity.
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22. Insurance
(1) An applicant for a licence under this Part shall take out an
insurance policy prior to the grant of a licence.

(2) The insurance policy required under this Part shall cover
environmental risks likely to arise out of the chemical management
operations, including harm caused to human health or the environment,
and damage to a third party’s property caused by operations of the
chemical management activity.

23. Environmental risk assessment

(1) The Authority may require a person seeking to obtain
a licence under these Regulations to conduct an environmental risk
assessment in accordance with section 114 of the Act and the National
Environment (Environmental and Social Assessment) Regulations,
2020.

(2) The environmental risk assessment conducted under

subregulation (1) shall include—
(a) identification of hazards, in accordance with the Globally
Harmonised System;
(b) vulnerability analysis, including exposure assessment;
(c) risk analysis, including a proposal for risk reduction
measures; and
(d) risk response to manage the identified risks.

24. Issuance of licence

(1) The Authority may, after being satisfied that the applicant
meets the requirements of the Act and these Regulations, issue a
licence to import, export, manufacture, formulate, re-package, store
or use chemicals in Form 2 set out in Schedule 5 to these Regulations
within sixty days from the date of receipt of a complete application.
(2) A licence issued under this regulation is not transferable.

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25. Conditions in licence
The Authority may, in issuing a licence under regulation 21(1), impose
conditions, including as appropriate, requirements relating to—
(a) the use of the chemical;
(b) compliance with conditions of a certificate of approval of
environmental and social impact assessment;
(c) the qualifications and experience of the personnel;
(d) the safety and health of the workforce, including provision
of appropriate personal protective equipment or facilities,
appropriate training for the workforce and periodic health
checks in accordance with the Occupational Safety and
Health Act, 2006;
(e) the handling, transport, storage or disposal of chemicals,
including requirements for facilities and equipment;
(f) fitness for purpose of the facility;
(g) safety data sheet for the chemical;
(h) the type and total amount of chemicals permitted to be
managed at any time;
(i) the need to obtain a financial security in accordance with
regulation 18;
(j) the need to subscribe to an insurance policy in accordance
with regulation 19;
(k) site specific measures;
(l) pollution abatement, risk reduction and environmental
standards, including control of emissions, remediation
or clean-up and disposal of chemical spillages, leakage,
obsolete chemicals and unintentionally produced
chemicals;

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 (m) suitable emergency plans and responses;
(n) decommissioning, remediation and after-care of the
chemical management facility;
(o) additional measures for the protection of human health
and the environment; and
(p) any other measure as the Authority may deem necessary.

26. Duration of licence

A licence issued under regulation 24(1) shall be valid for a period
not exceeding two years and may be renewed in accordance with
regulation 29.

27. Variation of licence

(1) The Authority may, after issuing a licence under regulation
24, on its own initiative or on the application of the licensee, vary the
licence on such terms and conditions as it considers necessary.

(2) The reasons for variation of a licence under subregulation

(1) may be—
(a) to prevent deterioration or further deterioration of the
environment;
(b) to prevent harm or further harm to human health;
(c) to comply with prescribed health, safety and environmental
standards and safeguards;
(d) to cater for previously unforeseen circumstances that
impact on human health or the environment;
(e) due to advancement in technology; or
(f) any other reason the Authority may consider relevant.

(3) An application by the licensee for variation of a licence

shall be in Form 3 set out in Schedule 5 to these Regulations.
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 (4) The application under subregulation (3) shall be
accompanied by the fee prescribed in Schedule 6 to these Regulations.

(5) Where the variation relates to substantive matters referred

to in subregulation (2), the Authority may require the licensee—
(a) to halt the project activities until the variation has been
made and an updated licence has been issued;
(b) to conduct such investigations and assessments as the
Authority may direct and to submit to the Authority reports,
with any comments on those reports, from interested and
affected parties; and
(c) to consult the relevant lead agency or other stakeholders in
accordance with regulation 14(1)(b).

(6) Where the variation is at the initiative of the Authority, the

Authority shall—
(a) notify the licensee in writing of the proposed variation;
(b) give the licensee an opportunity to comment on the
proposed variation in writing; and
(c) if necessary, consult the relevant lead agency or other
stakeholders in accordance with regulation 13(2)(c), and
accord them the opportunity to submit to the Authority,
written comments on the proposed variation.

(7) The Authority shall, within twenty-one days of

completion of the process contemplated for substantive variations in
subregulation (2)—
(a) vary or decline to vary the licence; and
(b) notify the licensee and other interested or affected parties,
if any, of the decision and its reasons.
(8) Where the Authority varies the licence, the variation shall
be without prejudice to any liabilities or obligations which may have
accrued to the licensee before the variation was effected.
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28. Suspension or revocation of licence
(1) The Authority may suspend or revoke a licence issued
under regulation 24(1).

(2) The licence may be suspended or revoked where—

(a) information or data given by the applicant in the application
or during consultations was false, substantially incorrect
or intended to mislead;
(b) information related to the conduct of the applicant which
could have precluded the approval of the application had it
been available to the Authority, is brought to the attention
of the Authority;
(c) there is non-compliance with the Act, these Regulations or
the conditions of a licence;
(d) it is necessary to protect human health or to prevent harm
or further harm to the environment, due to a situation that
was not foreseen during the issuance of the licence;
(e) the chemical in respect of which the licence was issued is
either banned or prohibited; or
(f) there is a substantial change or modification of the process
or technology, the basis on which the licence was issued,
which may lead to adverse environmental impacts or
endanger human health or undermine safety.

(3) Where the Authority intends to suspend or revoke a

licence, the Authority shall—

(a) notify the licensee of the intention fourteen days before

the decision; and

(b) inform the licensee of the right to show cause why the
licence should not be suspended or revoked.

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 (4) A person given notice under subregulation (3) may give a
written response to the Authority within seven days from the date of
receipt of the notice, stating the reasons why the licence should not be
suspended or revoked.

(5) The Authority may, after the expiration of the period

specified in subregulation (4), suspend or revoke the licence where—
(a) it is not satisfied with the reasons given by the applicant;
or
(b) it has not received a response from the applicant.

(6) Notwithstanding subregulation (4), the Authority may,

depending on the gravity of the matter, suspend or revoke a licence
issued under these Regulations, without notice and immediately stop
the operations of the licensee.

(7) Where a licence is suspended or revoked under

subregulation (5), the licensee shall stop any further operations and
shall undertake the necessary remediation measures in a manner
determined by the Authority.

(8) Where a licence has been suspended and a licensee has

undertaken remediation under subregulation (7) to the satisfaction of the
Authority, the person may apply to the Authority to lift the suspension.

29. Renewal of licence

(1) A person issued a licence under these Regulations may
apply to the Authority for renewal of the licence at least sixty days
before the expiration of the licence.
(2) An application referred to under subregulation (1) shall be
in Form 1 set out in Schedule 5 to these Regulations.

(3) The application under subregulation (1) shall be

accompanied by—
(a) a copy of the current licence;
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 (b) evidence of compliance with the conditions of the licence
to be renewed, including where applicable, the most recent
environmental compliance audit report or monitoring
reports;
(c) evidence of submission of the annual report under section
177 of the Act;
(d) where applicable, a confirmation of the financial security,
including insurance;
(e) proof of payment of the fee prescribed in Schedule 6 to
these Regulations; and
(f) any other information that may be required by the
Authority.

(4) The committee shall process an application for renewal in

accordance with this Part.

(5) The Authority may, if satisfied, renew a license in

accordance with this Part, and may, in renewing the licence, impose
any of the conditions specified in regulation 22.

30. Transfer of chemical management facility

(1) Where a licensee intends to transfer a chemical management
facility, the licensee shall, at least sixty days prior to the date of the
transfer, notify the Authority in writing of the intention to transfer the
facility.
(2) The transferee shall, within the period stipulated under
subregulation (1), apply to the Authority for a licence in accordance
with these Regulations using Form 1 prescribed in Schedule 5 to these
Regulations.
(3) The application under subregulation (2) shall, in addition to
the requirements of regulation 16, state that the transferee is responsible
for all the activities and liabilities of the chemical management facility.
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 (4) The Authority may, in accordance with regulations 24(1)
and 25, approve the application for transfer.

(5) Where the Authority approves, issues a licence for

transfer, the Authority shall cancel or withdraw the licence issued to
the transferor before issuing the licence to the transferee.

Part VII—Storage, Labelling, Packaging and

Transportation of Hazardous Chemicals

31. Requirements for storage of hazardous chemicals

(1) A person who stores hazardous chemicals shall ensure
that the chemicals are stored in a manner that does not cause harm to
human health or to the environment.

(2) A storage facility for hazardous chemicals for which a

licence is required under these Regulations shall—
(a) be established based on an environmental risk assessment
or an environmental and social impact assessment,
as applicable, undertaken in accordance with the Act,
the National Environment (Environmental and Social
Assessment) Regulations, 2020 and any other written law;
(b) be located in an area that does not inconvenience or pose
a risk to the neighbouring communities or pose a risk of
pollution to fragile ecosystems;
(c) be constructed with sufficient interior space and be well-
ventilated, where applicable;
(d) have separate storage areas based on the compatibility of
the different categories of hazardous chemicals;
(e) have an impermeable surface surrounded by appropriate
bunding to prevent leakage into the ground, water and
surrounding environment;
(f) contain appropriate storage containers that can be easily
moved, where applicable;
177
 (g) be well secured to prevent unauthorised access;
(h) have appropriate labels and well-marked safety and
warning signs;
(i) have a facility layout plan, including the storage capacity
and chemical types to be stored;
(j) allow for ease of access to enable operations, monitoring
and inspections;
(k) have utilities needed in emergencies and adequate fire-
fighting equipment in accordance with the approved
national standards and industry best practice;
(l) have a separate office work area to protect workers from
exposure to the chemicals;
(m) have provisions for handling of waste and potentially
contaminated stormwater; and
(n) comply with any other requirements as the Authority may
deem necessary.

(3) Access to chemical storage areas shall be controlled and

documented—
(a) to allow for an inventory of the chemicals to be undertaken
as required;
(b) to avoid uncontrolled accumulation of chemicals and
chemical waste; and
(c) to avoid tampering with the chemicals and risk of impacts
on human health and the environment.

(4) A storage or containment area set up under this regulation

shall be appropriately marked with hazard and safety signage in
accordance with the Globally Harmonized System, and contain
adequate tactile warning devices and security information.
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 (5) A person who stores hazardous chemicals referred to in
subregulation (1) shall establish adequate procedures so that immediate
corrective measures can be taken in the event of accidents or incidents.

(6) A person who stores hazardous chemicals referred to

in subregulation (1) shall ensure that the stores are supervised by a
competent person.

32. Labelling of hazardous chemicals

(1) A container or package containing hazardous chemicals
shall be labelled in accordance with the Globally Harmonised System
in English and in easily legible characters as determined by the
Authority.

(2) The labels referred to in subregulation (1) shall be

permanently fixed to the container or package and may have a
translation in a relevant local language, where necessary, which
translation shall not cover or erase the original label.

(3) The labels referred to under subregulation (1) shall include

the following information, as appropriate—
(a) the identity of the chemical, including the chemical name
and the classification and category of the chemical, which
should match the identifier indicated in the safety data
sheet;
(b) the net contents;
(c) flash point;
(d) information communicating the nature of the hazard of the
chemical aligned to the Globaly Harmonised System label
elements as follows and in accordance with Schedule 8 to
these Regulations—
(i) a symbol or hazard pictogram to convey health,
physical or environmental hazard information
assigned to a Globaly Harmonised System hazard
class and category;
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 (ii) signal words: “Danger” or “Warning” used to
emphasize hazards and indicate the relative severity
of the hazard assigned to a Globaly Harmonised
System hazard class and category, “Danger” for more
severe hazards and “warning” for less severe hazards;
(iii) hazard statements which are standard phrases
assigned to a hazard class and category that describe
the nature of hazard;
(iv) precautionary statements and pictograms indicating
the measures to minimise or prevent adverse effects;
(v) product identifier (ingredient disclosure) indicating
the name or number used for a hazardous product on
the label or in the Safety Date Sheets;
(vi) supplier identificatio, indicating the name, address
and telephone number on the label; and
(vii) supplementary information – including any other
information as may be required by the Authority;
(e) the shelf life of the chemical, where applicable;
(f) instructions on safe handling and use;
(g) a statement directing the user to read the label before
handling the chemical; and
(h) emergency contact information.

(4) The Authority may determine the size and font of the
pictogram, symbols and words referred to in subregulation (3)(f).
33. Packaging of hazardous chemicals
(1) A licensee is responsible for the proper packaging of the
chemicals.
(2) The containers or packaging materials for hazardous
chemicals shall be suitable for the purpose and shall—
(a) be compatible with the chemical to be packaged in it;
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 (b) not be reactive to the chemical or change the nature of the
chemical;
(c) be closed at all times during storage and transportation;
(d) be clearly labelled on the outside, in accordance with these
Regulations;
(e) have a childproof mechanism in case of hazardous
chemicals available for consumers;
(f) be durable, so as to contain the chemical safely;
(g) contain fastenings that are strong and secure throughout,
to ensure that the fastenings will not loosen and will meet
the normal stresses and strains of handling;
(h) in the case of replaceable fastening, contain well fitted
fastenings that can be repeatedly refastened without the
contents of the container or packaging escaping; and
(i) not cause harm to persons involved in handling the
chemicals, the neighbouring community and the
environment in general.

(3) Without prejudice to the general effect of subregulation

(2), the Authority may issue additional guidelines for packaging of
specific chemicals covered by these Regulations.

(4) All primary containers for hazardous chemicals shall be

provided with up-to-date safety data sheets with instructions for the
handling of the hazardous chemicals, including safety precautions in
accordance with environmental standards and the Globally Harmonized
System.

(5) A person shall not—

(a) place hazardous chemicals in a container that previously
held a material which is incompatible with the chemical;
or
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 (b) use a container which has been used for hazardous
chemicals to store, hold or transport water, food, animal
feeds or a product which may directly or indirectly become
part of food for human consumption or animal feeds.

(6) For the avoidance of doubt, containers used to carry

hazardous chemicals which cannot be reused for similar purposes, are
considered hazardous waste and shall be managed in accordance with
the National Environment (Waste Management) Regulations 2020.

Transportation and Distribution of Hazardous Chemicals

34. Transportation or distribution of hazardous chemicals

(1) A person who transports or distributes hazardous chemicals
shall, in accordance with the Roads Act, 2019 and national standards,
ensure that—

(a) the transportation or distribution of the chemicals is

conducted in a manner that does not cause leakage or
spillage of the chemicals or the release of harmful gases,
particles or noxious smells;

(b) the vessel used for transportation of the hazardous

chemicals or other means of conveyance of the chemicals
uses designated routes, if any; and

(c) the chemicals are accompanied with safety data sheets for
the identification of chemicals.

(2) A person who transports or distributes hazardous

chemicals shall not permit unauthorised access to the vessel used for
the transportation or distribution of the chemicals.

(3) A vessel carrying hazardous chemicals shall be labelled or

have a placard securely affixed to the exterior surface in the case of
bulk containers.

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(4) The label or placard referred to in regulation (3) shall—
(a) have a pictogram consistent with the Globally Harmonised
System;
(b) include a signal word and hazard statement codes
consistent with the Globally Harmonised System for
classification and labelling of chemicals relating to
transportation;
(c) be affixed to both sides and at the rear of the vehicle or
bulk container;
(d) have the appropriate labels or placards displayed on each
side at the position of the relevant compartments and at
the rear of the vessel or bulk container, where the vessel or
bulk container has multiple compartments and carries two
or more hazardous chemicals;
(e) have both labels or placards displayed adjacent to each
other where more than one label or placard is required;
(f) be readily visible and legible;
(g) be able to withstand open weather exposure without
substantial reduction in effectiveness;
(h) be so placed on the package that it is not covered or
obscured by any part or attachment to the packaging or
any other label or marks;
(i) be displayed next to each other when more than one label
is required.
(j) be attached to the package by a securely affixed tag or
other suitable means where a package is of such irregular
shape or small size that the label cannot be satisfactorily
affixed;
(k) be affixed on two opposite sides for intermediate bulk
containers and large packaging;
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 (l) be displayed in fluorescent and legible characters, in a
colour contrasting with the background;

(m) conform in terms of colour, symbol and general format,

with the requirements for labelling under transportation
of dangerous goods in accordance with the Globally
Harmonised System; and
(n) not contain any warranties, guarantees or liability exclusion
clauses inconsistent with the Act or these Regulations.
(4) A person who transports or distributes hazardous chemicals
shall ensure that the vessel used for transportation or distribution of
the chemicals is not used for any other purpose not compatible with
the chemicals.
(5) A person who transports or distributes hazardous chemicals
shall—
(a) install electronic tracking systems for vessels used in the
transportation of hazardous chemicals.
(b) provide access to real time vessel tracking information to
the Authority and relevant lead agency, upon request.

35. Movement of hazardous chemicals on waters

(1) The transportation of hazardous chemicals on water bodies
in Uganda shall be in accordance with the Inland Water Transport Act,
2021.
(2) A person transporting hazardous chemicals on water
shall ensure that the transportation complies with the Inland Water
Transport Act, 2021 and does not cause harm to the environment or
human health.
Part VIII—Precautions, Emergency Preparedness
and Response

36. Precautionary measures

A licensee shall, in accordance with the Act, the Occupational Safety

184
and Health Act, 2006 and, where applicable, an environmental risk
assessment undertaken under regulation 23, put in place and maintain,
at a chemical management facility—
(a) a warning, hazard and safety systems appropriate to the
nature of operations at the facility; and
(b) measures to prevent fire or explosions, accidental reactions
of the chemicals with other substances, uncontrolled
releases of hazardous substances or damage to the
structural integrity of the chemical management facility.

37. Emergency preparedness and response

(1) A licensee shall establish an emergency preparedness and
response system based on an environmental risk assessment undertaken
in accordance with the Act, the National Environment (Environmental
and Social Assessment) Regulations, 2020 and any other written law.

(2) The emergency preparedness and response system

established under subregulation (1) shall be documented in an
emergency preparedness and response plan.

(3) The emergency preparedness and response plan made

under subregulation (2) shall, as applicable, contain—
(a) the location of the chemical management facility in
sufficient detail;
(b) the site lay out;
(c) a description of the available emergency response
equipment, actions and vessels;
(d) a description of the hazardous chemicals managed at the
facility;
(e) the maximum number of persons likely to be present at the
facility on a normal working day, the emergency planning
assumptions, including emergency measures planned for
identified incidents and areas likely to be affected;
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 (f) the response resources available or that can be called for to
control an incident, hazard or accident;
(g) the emergency response procedures and command
structures; and
(h) the notification procedures.

(4) The notification procedures referred to under subregulation

(3)(h) shall include the mode of immediate notification of the Authority
and relevant lead agency where there is a chemical incident or accident
leading to acute pollution or harm to human health or the environment.

(5) A licensee shall ensure that employees are equipped

with skills and are regularly trained and instructed on how to handle
emergency situations.

(6) The emergency preparedness and response plan prepared

in accordance with subregulation (2) shall be reviewed annually or
after such other shorter period as may be deemed necessary, to ensure
that the measures put in place are effective during an emergency.

(7) A licencee shall keep a record of each review carried out

under subregulation (6), including—
(a) the measures, systems, procedures, equipment or other
factors reviewed;
(b) a description of the review methods;
(c) the date of the review of each component;
(d) the results of the review; and
(e) a description, and the date of any corrective action.

(8) The record referred to in subregulation (7) shall be

available for inspection by the Authority or to an authorised officer.

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38. Operational shutdowns and emergencies
(1) A licensee shall prepare a plan for proper handling of the
chemicals in the event of operational shutdowns or emergencies.

(2) The plan developed under subregulation (1) shall

indicate—
(a) the period of operational shutdown;
(b) emergency procedures;
(c) how the chemicals will be handled during an operational
shutdown or emergency;
(d) the availability of fire-fighting and other emergency
equipment and personnel; and
(e) any other information for the proper shutdown and
handling of emergencies.

(3) The personnel working within the chemical management

facility shall be trained in emergency prevention, preparedness and
response.
(4) The plan prepared under subregulation (1) shall be made
available to the Authority or to an authorised officer, upon request.

Part IX—Chemical Contaminated Sites

39. Chemical contaminated sites

(1) The Authority shall, in accordance with the National
Environment (Waste Management) Regulations, 2020 and in consultation
with the relevant lead agency, identify and assess sites contaminated by
hazardous chemicals, including persistent organic pollutants, mercury
or mercury compounds, lead, cyanide, arsenic and polonium.

(2) A person whose activities cause contamination of any

aspects of the environment by chemicals shall clean up and restore the
chemical contaminated site and put in place measures to reduce the
risks to human health and the environment.
187
 (3) The measures referred to under subregulation (2) shall be
environmentally sound and shall incorporate—

(a) site identification and characterisation;

(b) public engagement and consultation;

(c) human health and environmental risk assessments;

(d) options for managing the risks posed by contaminated

sites;

(e) evaluation of benefits and costs;

(f) validation of outcomes; and

(g) remediation of contaminated sites, lead, cyanide,

arsenic.

(4) Where the source of contamination cannot be traced, the

Authority may undertake remediation in collaboration with a relevant
lead agency and in accordance with the National Environment (Waste
Management) Regulations, 2020.

Part X—Transboundary Movement of

Hazardous Chemicals

40. Transboundary movement of hazardous chemicals

(1) Where a person intends to import a hazardous chemical
that is severely restricted or banned under the Rotterdam Convention
on Prior Informed Consent on International Trade in Hazardous
Chemicals, prior informed consent shall be obtained from the
Designated National Authority.

(2) A person who imports, exports or re-exports hazardous

chemicals into or from Uganda shall only use the ports of entry and
exit designated in Schedule 9 to these Regulations.

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 (3) A person who imports, exports or re-exports hazardous
chemicals into or from Uganda shall submit to a customs officer—
(a) a copy of the safety data sheet;
(b) a copy of the certificate of origin of the chemical, where
applicable;
(c) packaging lists;
(d) a copy of a certificate of analysis;
(e) a certificate of conformity, as applicable;
(f) a copy of the licence issued under these Regulations, when
applicable;
(g) a copy of an import or export licence for specific chemicals
issued by the lead agency responsible for trade, where
applicable;
(h) evidence of prior informed consent, where applicable; and
(i) any other information as the Authority or the Uganda
Revenue Authority may deem necessary.

(4) A person who imports, exports or re-exports hazardous

chemicals into or from Uganda shall ensure that the chemicals comply
with the applicable national standards.

41. Hazardous chemicals in transit through Uganda

(1) A person transporting hazardous chemicals through
Uganda shall ensure that—
(a) the chemicals transported conform to the accompanying
documents;
(b) the chemicals are packaged in containers meeting the
specifications in regulations 32 and 33, and bear the seal of
the relevant lead agency or authority for the transit period;
(c) there is evidence of consent from the Designated National
Authority of the state of final destination of the chemicals,
189
 for chemicals under the Rotterdam Convention on Prior
Informed Consent on International Trade in Hazardous
Chemicals;
(d) the Designated National Authority has been notified about
the transportation and has consented to it;
(e) the transportation within Uganda is carried out in
compliance with the laws of Uganda; and
(f) the chemicals are not disposed of or abandoned in Uganda.

(2) A person transporting hazardous chemicals through Uganda

shall ensure that the chemicals are accompanied by a notification
document in Form 4 set out in Schedule 5 to these Regulations.

(3) A person who transits any hazardous chemical through

Uganda is liable for any damage to the environment or harm to human
health caused by the chemical.

(4) An authorised officer may take samples for verification of

any hazardous chemical and product transiting through Uganda and
may request the police to escort the transit chemicals and products up
to the exit border.

42. Notification procedures and prior informed consent

(1) The Designated National Authority shall, in the event of
transboundary movement of hazardous chemicals under regulation 40,
obtain the consent of the Competent National Authority of the other
state referred to under regulation 40(3)(h) and 41(1)(c) by sending—
(a) a copy of the movement document in Form 5 set out in
Schedule 5 to these Regulations;
(b) the notification document for the transboundary movement
of chemicals in Form 4 set out in Schedule 5 to these
Regulations; and
(c) the comments that the Designated National Authority may
have made on the documents.
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 (2) The Designated National Authority may transmit the
documents referred to in subregulation (1) to the other State or
international body designated under any agreement or arrangement to
which Uganda is a Party for comments from the body.

Part XI—Articles Containing Hazardous Chemicals

43. Articles containing hazardous chemicals

The Authority shall, in consultation with the relevant lead agencies,
ensure that measures and standards are put in place for the regulation
of articles containing hazardous chemicals.

Management of Mercury, Mercury Compounds and

Mercury added Products

44. Prohibition and restrictions on use of mercury or mercury

compounds
(1) A person shall not—
(a) use mercury or mercury compounds or release emissions
of mercury from gold or other mining and processing
activities;
(b) use mercury or mercury compounds in chlor-alkali
production after the phase out year of 2025; or
(c) undertake a manufacturing process in which mercury or
mercury compounds are used as a catalyst.

(2) The manufacturing process referred to under subregulation

(1)(c) shall include a process where mercury or mercury compounds
are used in the production of acetaldehyde, vinyl chloride monomer,
sodium or potassium methylate, ethylate or polyurethane.

(3) A person shall not—

(a) carry out acetaldehyde production in which mercury or
mercury compounds are used as a catalyst;
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(b) import, manufacture, use or recycle batteries if their
mercury content is above two per cent;
(c) import, manufacture, use or recycle switches and relays
with a mercury content of more than twenty milligrams
per bridge, switch or relay;
(d) import, manufacture, use or recycle compact fluorescent
lamps for general lighting purposes that are less or equal
to thirty watts with a mercury content exceeding five
milligrams per lamp burner;
(e) import, manufacture, use or recycle triband phosphor
linear fluorescent lamps for general lighting purposes of
less than sixty watts with a mercury content exceeding five
milligrams per lamp;
(f) import, manufacture, use or recycle halophosphate
phosphor linear fluorescent lamps for general lighting
purposes of less than forty watts with a mercury content
exceeding ten milligrams per lamp;
(g) import, manufacture, use or recycle high pressure mercury
vapour lamps for general lighting purposes;
(h) import, manufacture, use or recycle mercury in cold cathode
fluorescent lamps and external electrode fluorescent lamps
for electronic displays of—
(i) short length; being less than or equal to five hundred
millimetres, with mercury content exceeding three
and a half milligrams per lamp;
(ii) medium length; being greater than five hundred
millimetres and less than or equal to one thousand
five hundred millimetres, with mercury content
exceeding five milligrams per lamp; or
(iii) long length; being greater than one thousand five
hundred millimetres with mercury content exceeding
thirteen milligrams per lamp;
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 (i) import, manufacture, use, re-ackage cosmetics with
mercury content above 1ppm, including skin lightening
soaps and creams;
(j) import, manufacture, use or repackage, pesticides, biocides
or topical antiseptics containing mercury; or
(k) import, manufacture, use or recycle non-electronic
measuring devices including barometers, hygrometers,
manometers, thermometers and sphygmomanometers
except non-electronic measuring devices installed in
large-scale equipment or those used for high precision
measurement, where no suitable mercury-free alternative
is available.

(4) A person shall not manufacture, import or export the

following products after the year 2025—
(a) compact fluorescent lamps with an integrated ballast
(CFL.i) for general lighting purposes that are ≤ 30 watts
with a mercury content not exceeding 5 mg per lamp
burner;
(b) cold cathode fluorescent lamps (CCFL) and external
electrode fluorescent lamps (EEFL) of all lengths for
electronic displays, not included in the current listing;
(c) strain gauges to be used in plethysmographs;
(d) melt pressure transducers, melt pressure transmitters and
melt pressure sensors, except those installed in large-scale
equipment or those used for high precision measurement,
where no suitable mercury-free alternative is available;
(e) mercury vacuum pumps;
(f) tire balancers and wheel weights;
(g) photographic film and paper; and
(h) propellant for satellites and spacecraft.
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45. Exemptions for use of mercury in manufacturing processes
(1) The Authority may, subject to Part II of Schedule 3 to these
Regulations, exempt specific manufacturing processes, in accordance
with these Regulations, where a person demonstrates that—
(a) the manufacturing process provides significant
environmental and health benefits; and
(b) there are no technically or economically feasible mercury-
free alternatives available to provide the benefits specified
in paragraph (a).

(2) Where the exemption is granted under subregulation (1),

the responsible person shall, in addition to the measures in Part II of
Schedule 3 to these Regulations—
(a) keep an inventory of the amount of mercury or mercury
compounds used in the facility annually;
(b) take measures to reduce emissions and releases of mercury
or mercury compounds from the facility;
(c) use best available techniques and best environmental
practices to control emissions from the facility;
(d) include in an annual report, information on the measures
taken under these Regulations; and
(e) take any other measures as may be deemed necessary by
the Authority.

(3) The information in subregulation (2) shall be made

publicly available.

46. Dental amalgam and vaccines containing thiomersal as

preservatives
(1) A health care giver with a dental facility shall—
(a) ensure the installation of an amalgam separator;
(b) stop the use of dental amalgam;
194
 (c) stop the use of dental amalgam in women of child bearing
age, except where considered necessary by the dental
practitioner based on the needs of the patient and after
obtaining the informed consent of the patient;
(d) stop the use of mercury in bulk form for dental restoration;
(e) use dental amalgam to its encapsulated form before the
phase out date;
(f) stop the use of dental amalgam in dental restorations after
the phase out date under the Minamata Convention on
Mercury; and
(g) take measures to transition to mercury-free dental
restoration techniques.

(2) The Authority shall, in collaboration with the lead agency

responsible for dental health, put in place measures to minimise and
phase down the use of dental amalgam.

(3) The measures referred to in subregulation (2), include—

(a) promotion of research and development of quality
mercury-free materials for dental restoration;
(b) requirement for representative professional organisations
and dental schools to educate and train dental
professionals and students on the use of mercury-free
dental restoration alternatives and on promoting best
management practices;
(c) promotion of the use of best environmental practices in
dental facilities to reduce releases of mercury and mercury
compounds to water and land when used before phase-
down;
(d) restriction of the use of dental amalgam to its encapsulated
form before the phase out date;

195
 (e) promotion of the use of cost-effective and clinically
effective mercury‑free alternatives for dental restoration;
(f) facilitation of transition to mercury-free dental restoration
techniques beyond the phase down date; and
(g) ensure that health insurance schemes do not favour dental
amalgam use over mercury‑free dental restoration.

(4) The Authority shall, in collaboration with the lead agency

responsible for vaccines, put in place measures to minimise and phase
down the use of vaccines containing thiomersal as preservatives.

Part XII—Public Information, Awareness, Education

and Research

47. Register of hazardous chemicals

(1) The Authority shall maintain a register of all chemicals
regulated under these Regulations.

(2) The register referred to under subregulation (1) shall—

(a) contain the information submitted under regulation 11 and
12, including—
(i) the IUPAC name of chemical;
(ii) the structural formula;
(iii) the properties of the chemical, including associated
hazards and general control measures;
(iv) an assessment of the risks that the use of the chemical
may pose and how these risks should be controlled;
(v) classification of the C;
(vi) supply and use restrictions of the C;
(vii) end use or application of the chemical; and
(viii) any other information from the safety data sheet.
196
 (b) contain a record of the hazardous chemicals that are
imported, manufactured, formulated, re-packaged or
stored in the country;
(c) document the risks and hazards associated with the
hazardous chemicals; and
(d) facilitate traceability of hazardous chemicals throughout
their lifecycle.

(3) Without prejudice to subregulation (2)(a), the Authority

shall keep a record of chemicals listed under Schedule 3, particularly
the chemicals restricted in accordance with regulation 8, which shall
include—
(a) the quantity of the chemical in kilogrammes for local
destruction, import and export;
(b) the quantity of the chemical in kilogrammes imported,
manufactured and exported per year;
(c) the quantity of the chemical used per year;
(d) the quantity in kilogrammes, location and condition of
stockpiles of the chemical;

(4) The Authority shall keep the register established under

this regulation updated regularly.

(5) The Authority shall make available to the public,

information on the status of registration of a chemical, available health
and safety information and restrictions where applicable.

(6) Subject to the Constitution and the Access to Information

Act, 2005, other information in the register maintained under
subregulation (1) may be made accessible to the public upon request
and payment of the fee prescribed in Schedule 6 to these Regulations.

(7) The Authority may, every two years, publish information

on the status of hazardous chemicals regulated under these Regulations.
197
 (8) The Authority, relevant lead agency or stakeholder may
use the information registered under this regulation—
(a) to ascertain the type of chemicals or chemical products in
the country;
(b) to ascertain the substances present in chemical mixtures;
(c) to determine the final uses of a chemical or chemical
product;
(d) to manage chemicals according to their properties and
quantity;
(e) to prepare and plan for risk control measures regarding
chemicals and chemical products;
(f) to raise awareness about chemicals and chemical products;
(g) to facilitate access to data on chemicals and chemical
products;
(h) to facilitate regular updating of the national chemicals
management profile; and
(i) to prepare reports for decision and policy making.

48. Exchange of information

The Authority shall collaborate with relevant lead agencies in the
exchange of scientific, technical, economic and legal information on
hazardous chemicals, including—
(a) toxicological, ecotoxicological and safety information;
(b) information on the reduction or elimination of import,
manufacture, export, re-export, use, emissions and releases
of persistent organic pollutants, mercury and mercury
compounds and other hazardous chemicals;
(c) information on technically and economically viable
alternatives to—
198
 (i) persistent organic pollutants, mercury and mercury
compounds and other hazardous chemicals;

(ii) manufacturing processes in which hazardous

chemicals are used; and

(iii) activities and processes that emit or release

persistent organic pollutants, mercury and mercury
compounds and other hazardous chemicals, including
information on the health and environmental risks,
and the economic and social costs and benefits of
such alternatives; and

(d) information on the health impacts associated with exposure

to persistent organic pollutants, mercury and mercury
compounds and other hazardous chemicals.

49. Research, development and monitoring

The Authority shall, in collaboration with the relevant lead agency,
academic and research institutions and industry, encourage and
undertake appropriate research, development, monitoring and
cooperation pertaining to persistent organic pollutants, mercury and
mercury compounds, artisanal gold mining and other processes that
use hazardous chemicals, including—
(a) inventories of sources, use, consumption, and
anthropogenic emissions to air and releases to water, land
and the wider environment;
(b) modelling and geographically representative monitoring of
presence, levels and trends of persistent organic pollutants,
mercury and mercury compounds and other hazardous
chemicals in humans, particularly vulnerable populations,
and in the environment, including biotic media as well as
collaboration in the collection and exchange of relevant
and appropriate samples;
(c) release reduction or elimination;
199
 (d) harmonised methodologies for making inventories of
generating sources and analytical techniques for the
measurement of releases;
(e) technical and economic availability of persistent organic
pollutant-free products and processes, mercury-free
products and processes; and
(f) best available techniques and best environmental practices
to reduce and monitor emissions and releases of persistent
organic pollutants, mercury, mercury compounds,
mercury-added products, lead, cyanide, arsenic, polonium
and other hazardous chemicals.

50. Public information, awareness and education

(1) The Authority shall, in collaboration with the relevant lead
agency, promote and facilitate public information on—
(a) persistent organic pollutants, mercury and mercury
compounds, lead, cyanide, arsenic, polonium and other
hazardous chemicals and chemical products regulated
under these Regulations;
(b) the health and environmental effects of persistent organic
pollutants, mercury and mercury compounds, lead,
cyanide, arsenic, polonium and other hazardous chemicals
and chemical products;
(c) alternatives to persistent organic pollutants, mercury and
mercury compounds and other hazardous chemicals and
chemical products; and
(d) results of research, development and monitoring activities
for persistent organic pollutants, mercury and mercury
compounds, lead, cyanide, arsenic, polonium and other
hazardous chemicals and chemical products.

(2) The Authority in consultation with a lead agency shall—

(a) promote and facilitate awareness among policy and
decision makers with regard to persistent organic
200
 pollutants, mercury and mercury compounds, lead,
cyanide, arsenic, polonium and other hazardous chemicals
and chemical products;
(b) develop and implement, especially for women, children
and other vulnerable groups, educational and public
awareness programmes on persistent organic pollutants,
mercury and mercury compounds, lead, cyanide, arsenic,
polonium and other hazardous chemicals and chemical
products, as well as on their effect on health and the
environment and available alternatives;
(c) encourage public participation in addressing persistent
organic pollutants, mercury and mercury compounds, lead,
cyanide, arsenic, polonium and other hazardous chemicals
and chemical products and their health and environmental
effects and in developing adequate responses; and
(d) train workers, scientists, educators, technical and
managerial personnel on persistent organic pollutants,
mercury and mercury compounds, lead, cyanide, arsenic,
polonium and other hazardous chemicals and chemical
products.

Part XIII—Compliance and Enforcement

51. Chemical records

(1) A licensee shall—
(a) keep records of the quantities and characteristics of the
chemicals managed, including a chain-of-custody transfer
of the chemicals indicating—
(i) the type and quantities of the chemicals;
(ii) the classification of the chemicals;
(iii) copies of the safety data sheets;
(iv) the method of handling and storage; and
201
 (v) in the case of hazardous chemical wastes, the
disposal method;
(b) an operating record, including measurements and
monitoring records of chemical discharges and emissions
in respect of the manufacturing and formulation processes;
(c) incident reports, including actions taken where applicable;
and
(d) medical records of employees and contractors.

(2) A person who imports, manufactures, formulates, re-

packages or stores lead, polonium, arsenic, cyanide or mercury shall
in addition to the records referred to under subregulation (1), maintain
a record of quantities supplied to end-users.

(3) The records referred to in subregulation (1) shall include

electronic records and shall be continuously updated and kept for a
minimum period of ten years.

(4) The records maintained under subregulation (1) shall be

made available to the Authority, a lead agency or an authorised officer,
upon request.

52. Annual reports of chemicals handled

(1) A person licensed under these Regulations shall, by the
31 of January of each year, in addition to the requirements of section
st

177 of the Act, submit to the Authority an annual report on chemicals

handled in the preceding year in the format set out in Schedule 10 to
these Regulations, including, where applicable, information on—
(a) the type, name, amount and properties of chemicals and
chemical products imported, manufactured, formulated or
re-packaged;
(b) health and safety measures against the hazards associated
with exposure to chemicals and chemical products; and

202
 (c) any other information the Authority may deem necessary.

(2) Where special reporting requirements are included in the

conditions of a licence under these Regulations, the requirements shall
be additional to the requirements of subregulation (1).

53. Provision of samples and analysis

(1) The Authority may require the licensee, at the expense of
the licensee—
(a) to install metering devices and monitoring devices, where
applicable; and
(b) to take samples for analysis as the Authority may direct.

(2) The licensee shall, when requested by the Authority,

provide—
(a) a sample of the hazardous chemical;
(b) a sample of the technical grade of the active ingredients of
the chemicals;
(c) a sample of the analytical standard of the active ingredients
of the chemicals; and
(d) any other sample as may be required by the Authority.

(3) The Authority or authorised officer may take samples of

any chemical or article containing hazardous chemicals in accordance
with section 128 of the Act.

(4) The Authority may request the licensee to submit a

chemical to a designated laboratory for analysis.

(5) The Authority or an authorised officer may, in writing

request the designated laboratory to analyse a sample taken in
accordance with section 128 of the Act.

203
54. Monitoring and inspection
(1) The Authority or relevant lead agencies may conduct
regular inspections and monitoring of the chemical management
facilities and activities to—
(a) assess or monitor compliance with the requirements of
the Act, these Regulations, the Occupational Safety and
Health Act, 2006, any other written law, and environmental
standards and conditions in licences and permits;
(b) ascertain that appropriate measures are in place, including
safety measures, for avoiding and minimising the
consequences of incidents or accidents arising from the
chemical management activity on human health and the
environment; or
(c) verify any information submitted to the Authority.

(2) The Authority or relevant lead agency may, by use of an

electronic cargo tracking system or other tracking mode, monitor
hazardous chemicals, whether transiting through or destined for Uganda.

Part XIV—Offences, Penalties And Administrative

Measures
55. Offences and penalties
(1) A person required to register a hazardous chemical in
accordance with regulation 11, who does not do so, commits an offence
and is liable, on conviction—
(a) in the case of an individual, to a fine not exceeding ten
thousand currency points or imprisonment not exceeding
seven years or both;
(b) in the case of a body corporate, to a fine not exceeding fifty
thousand currency points;
(c) in the case of a continuing offence, to a fine not exceeding
two thousand currency points in respect of each day or
part of a day on which the offence continues; or
204
 (d) in respect of a second or subsequent contravention, to a
higher penalty not exceeding ten thousand currency points
or imprisonment not exceeding ten years or both.

(2) A person who neglects to keep records or to comply with

the administrative measures under these Regulations commits an
offence and is liable, on conviction—
(a) in the case of an individual, to a fine not exceeding five
thousand currency points or imprisonment not exceeding
two years or both;
(b) in the case of a body corporate, to a fine not exceeding fifty
thousand currency points; or
(c) in the case of a continuing offence, to a fine not exceeding
two thousand currency points in respect of each day or
part of a day on which the offence continues.

56. Administrative measures and fines

Where the Authority has reasonable grounds to believe that a person
has contravened the provisions of the Act or these Regulations, the
Authority, may—
(a) give a written warning to a person issued a licence under
these Regulations;
(b) stop and inspect a vessel used for the transportation of
hazardous chemicals;
(c) enter upon any premises or facility used for chemical
management;
(d) order the licensee under these Regulations to immediately
suspend or terminate an activity where there is acute risk
of harm to human health or the environment;
(e) stop operations or close a chemical management facility
that does not comply with the requirements of a licence
issued under these Regulations;
205
 (f) impose an administrative penalty prescribed by law on the
licensee under these Regulations;

(g) impose a surcharge of five percent of the amount required

to be paid and which is in default, for each day of default;

(h) confiscate the property, equipment, substance or other

thing believed to have been used in committing an offence
under these Regulations;

(i) take samples for analysis at the expense of the facility

owner or operator;

(j) order payment of costs and expenses incurred by the

Authority or authorised person in administering the
measures under this regulation;

(k) order the person issued a licence under these Regulations

to take samples and analyse them as the Authority may
direct;

(l) order the immediate removal of hazardous chemicals in

case of spillage, seepage or any other form of entry into
the environment; or

(m) make such other order in respect of chemicals regulated

under these Regulations as the Authority may deem
necessary.

Part XV—Transitional

57. Transitional
(1) Any person dealing in hazardous chemicals before the
commencement of these Regulations shall, within 12 months from the
date of commencement—
(a) classify, label and provide a Safety Data Sheet of hazardous
chemicals in accordance with these Regulations;
206
 (b) apply for the registration of the hazardous chemical where
the chemical is not in the register in accordance with
regulation 12; and
(c) apply for a licence in accordance with Part VI.

(2) A person who contravenes subregulation (1) commits

an offence, and is liable, on conviction, to a fine not exceeding five
thousand currency points or imprisonment not exceeding two years or
both.

207
 SCHEDULE 1

Regulation 3

CURRENCY POINT

A currency point is equivalent to twenty thousand Uganda shillings.

208
 SCHEDULE 2

Regulation 7

PROHIBITED CHEMICALS

Part I: Chemicals Prohibited Under the Stockholm Convention on

Persistent Organic Pollutants

No. Chemical CAS Number

1. Aldrin CAS No: 309-00-2
2. Alpha hexachlorocyclohexaneCAS No: 319-84-6
3. Beta hexachlorocyclohexane CAS No: 319-85-7
4. Chlordane CAS No: 57-74-9
5. Chlordecone CAS No: 143-50-0
6. Dieldrin CAS No: 60-57-1
7. CAS No: 115-29-7
Endosulfan and its related
CAS No: 959-98-8 and CAS No: 33213-
isomers
65-9
8. Endrin CAS No: 72-20-8
9. Heptachlor CAS No: 76-44-8
10. Hexabromobiphenyl CAS No: 36355-01-8
11. hexabromocyclododecane

(CAS No: 25637-99-4),

1,2,5,6,9,10-hexabromocyclododecane
(CAS No: 3194-55-6) and its main
diastereoisomers:
Hexabromocyclododecane
alpha- hexabromocyclododecane
(HBCD)
(CAS No: 134237-50-6);

beta-hexabromocyclododecane (CAS
No: 134237-51-7); and
gamma-hexabromocyclododecane
(CAS No: 134237-52-8).

209
12. Hexabromodiphenyl ether 2,2’,4,4’,5,5’-hexabromodiphenyl ether
and (BDE-153, CAS No: 68631-49-2),
heptabromodiphenyl ether 2,2’,4,4’,5,6’-hexabromodiphenyl ether
(BDE-154, CAS No: 207122-15-4),
2,2’,3,3’,4,5’,6-heptabromodiphenyl
ether (BDE-175, CAS No: 446255-22-
7), 2,2’,3,4,4’,5’,6-heptabromodiphenyl
ether (BDE-183, CAS No: 207122-16-5)
and other hexa- and heptabromodiphenyl
ethers present in commercial
octabromodiphenyl ether.

13. Hexachlorobenzene CAS No: 118-74-1

14. Lindane CAS No: 58-89-9

15. Mirex CAS No: 2385-85-5

16. Pentachlorobenzene CAS No: 608-93-5

17. Polychlorinated biphenyls

(PCB) - to be eliminated by
2025
18. Tetrabromodiphenyl ether 2,2’,4,4’-tetrabromodiphenyl ether
and (BDE-47, CAS No: 5436-43-1) and
pentabromodiphenyl ether
2,2’,4,4’,5-pentabromodiphenyl ether
(BDE-99, CAS No: 60348-60-9)

and other tetra- and pentabromodiphenyl

ethers present in commercial
pentabromodiphenyl ether

19. Toxaphene CAS No: 8001-35-2

20 Dicofol CAS No. 115-32-2

CAS No. 10606-46-9

21 Hexachlorobutadiene CAS No: 87-68-3

22 Alpha hexachlorocyclohexane CAS No: 319-84-6

210
23 Polychlorinated naphthalenes, CAS No: 70776-03-3
including dichlorinated
naphthalenes, trichlorinated
naphthalenes, tetrachlorinated
naphthalenes, pentachlorinated
naphthalenes, hexachlorinated
naphthalenes, heptachlorinated
naphthalenes, octachlorinated
naphthalene
24 D e c a b r o m o d i p h e n y l CAS No: 1163-19-5
ether (BDE-209)
present in commercial
decabromodiphenyl ether

25 Perfluorooctanoic acid Perfluorooctanoic acid (PFOA; CAS No.

(PFOA), its salts and PFOA- 335-67-1), including any of its branched
related isomers;
(ii) Its salts;
compounds
(iii) PFOA-related compounds which,
for the purposes of these regulations, are
any substances that degrade to PFOA,
including any substances (including
salts and polymers) having a linear or
branched perfluoroheptyl group with the
moiety (C7F15)C as one of the structural
elements
26 Short-chain chlorinated For example, the substances with the
paraffins (Alkanes, C10- following CAS numbers may contain
13
, chloro)+: straight-chain short-chain chlorinated paraffins:
chlorinated hydrocarbons with
chain lengths ranging from C10 CAS No. 85535-84-8;
to C13 and a content of chlorine CAS No. 68920-70-7;
greater than 48 per cent by CAS No. 71011-12-6;
weight
CAS No. 85536-22-7;
CAS No. 85681-73-8;
CAS No. 108171-26-2.

211
 27 Perfluorooctane sulfonic acid, CAS No: 1763-23-1
its salts and perfluorooctane CAS No: 307-35-7
sulfonyl fluoride;
For example: potassium
perfluorooctane sulfonate
(CAS No: 2795-39-3);
lithium perfluorooctane
sulfonate
(CAS No: 29457-72-5);
ammonium perfluorooctane
sulfonate
(CAS No: 29081-56-9);
diethanolammonium
perfluorooctane sulfonate
(CAS No: 70225-14-8);
tetraethylammonium
perfluorooctane sulfonate
(CAS No: 56773-42-3);
didecyldimethylammonium
perfluorooctane sulfonate
(CAS No: 251099-16-8)

28 Pentachlorophenol and its salts CAS No. 87-86-5

and esters

Part II: Mercury-added products prohibited under the Minamata

Convention On Mercury

Item Mercury-added products Phase out date

Batteries, except for button zinc silver oxide batteries
1. with a mercury content < 2% and button zinc air 2020
batteries with a mercury content < 2%
Switches and relays, except very high accuracy
capacitance and loss measurement bridges and high
2. frequency radio frequency switches and relays in 2020
monitoring and control instruments with a maximum
mercury content of 20 mg per bridge, switch or relay
212
 Compact fluorescent lamps (CFLs) for general
lighting purposes that are ≤ 30 watts with a mercury
3. 2020
content exceeding 5 mg per lamp burner

Linear fluorescent lamps (LFLs) for general lighting

purposes:
(a) Triband phosphor < 60 watts with a mercury
4. content exceeding 5 mg per lamp; 2020

(b) Halophosphate phosphor ≤ 40 watts with a

mercury content exceeding 10 mg per lamp

High pressure mercury vapour lamps (HPMV) for

5. 2020
general lighting purposes
Mercury in cold cathode fluorescent lamps and
external electrode fluorescent lamps (CCFL and
EEFL) for electronic displays:
(a) short length (≤ 500 mm) with mercury content
exceeding 3.5 mg per lamp
6. 2020
(b) medium length (> 500 mm and ≤ 1 500 mm) with
mercury content exceeding 5 mg per lamp
(c) long length (> 1 500 mm) with mercury content
exceeding 13 mg per lamp

Cosmetics (with mercury content above 1ppm),

including skin lightening soaps and creams, but not
including eye area cosmetics where mercury is used
as a preservative and no effective and safe substitute
7. 2020
preservatives are available.
Note: The intention is not to cover cosmetics, soaps or
creams with trace contaminants of mercury.

8. Pesticides, biocides and topical antiseptics 2020

213
 The following non-electronic measuring devices
except non-electronic measuring devices installed in
large-scale equipment or those used for high precision
measurement, where no suitable mercury-free
alternative is available:

(a) barometers;
9. 2020
(b) hygrometers;

(c) manometers;

(d) thermometers;

(e) sphygmomanometers

Acetaldehyde production in which mercury or

mercury compounds Acetaldehyde production in
10. 2018
which mercury or mercury compounds are used as a
catalyst
Mercury-added products excluded from phase out

11. Products essential for civil protection and military uses.

Products for research, calibration of instrumentation, for use as reference
12.
standard.
Where no feasible mercury-free alternative for replacement is available,
switches and relays, cold cathode fluorescent lamps and external
13.
electrode fluorescent lamps (CCFL and EEFL) for electronic displays,
and measuring devices.
14. Products used in traditional or religious practices

15. Vaccines containing thiomersal as preservatives.

214
 SCHEDULE 3

Regulations 8(1), 15(2), 45(1),(2)

and 47(3)

RESTRICTED HAZARDOUS CHEMICALS

Part I: Industrial Chemicals Subject to Prior Informed Consent

Procedure

Relevant CAS
Chemical
number(s)
Asbestos:
• Actinolite • 77536-66-4
• Anthophyllite • 77536-67-5
1. • Amosite • 12172-73-5
• Crocidolite • 12001-28-4
• Tremolite • 77536-68-6
Commercial octabromodiphenyl ether
including:
2. • Hexabromodiphenyl ether • 36483-60-0
• Heptabromodiphenyl ether • 68928-80-3

Commercial pentabromodiphenyl ether

including:
3. • Tetrabromodiphenyl ether • 40088-47-9
• Pentabromodiphenyl ether • 32534-81-9
Hexabromocyclododecane • 25637-99-4
• 3194-55-6
4. • 134237-50-6
• 134237-51-7
• 134237-52-8

215
 Perfluorooctane sulfonic acid,
perfluorooctane sulfonates,
perfluorooctane sulfonamides and
perfluorooctane sulfonyls including:
• Perfluorooctane sulfonic acid • 1763-23-1
• Potassium perfluorooctane sulfonate
• Lithium perfluorooctane sulfonate • 2795-39-3
• Ammonium perfluorooctane • 29457-72-5
sulfonate
• Diethanolammonium perfluorooctane • 29081-56-9
sulfonate
• 70225-14-8
• Tetraethylammonium perfluorooctane
5.
sulfonate • 56773-42-3
• Didecyldimethylammonium
perfluorooctane sulfonate • 251099-16-8
• N-Ethylperfluorooctane sulfonamide • 4151-50-2
• N-Methylperfluorooctane
sulfonamide • 31506-32-8
• N-Ethyl-N-(2-hydroxyethyl) • 1691-99-2
perfluorooctane sulfonamide
• N-(2-hydroxyethyl)- • 24448-09-7
N-methylperfluorooctane
• 307-35-7
sulfonamide
• Perfluorooctane sulfonyl fluoride
• 36355-01-8 (hexa-)
6. Polybrominated biphenyls (PBB) • 27858-07-7 (octa-)
• 13654-09-6 (deca-)
7. Polychlorinated biphenyls (PCB) 1336-36-3
8. Polychlorinated terphenyls (PCT) 61788-33-8
9. Short-chain chlorinated paraffins 85535-84-8
10. Tetraethyl lead 78-00-2
11. Tetramethyl lead 75-74-1
12. Tris (2,3-dibromopropyl) phosphate 126-72-7
All tributyltin compounds** including:
• Tributyltin oxide • 56-35-9
• Tributyltin fluoride • 1983-10-4
• Tributyltin methacrylate • 2155-70-6
13. • Tributyltin benzoate • 4342-36-3
• Tributyltin chloride • 1461-22-9
• Tributyltin linoleate • 24124-25-2
• Tributyltin naphthenate • 85409-17-2
* Only the CAS numbers of parent compounds are listed.
**Pesticide and/or Industrial.
216
 Regulation 45(2)

Part II: Restricted mercury-using processes

Item Mercury using process Measures required

1. Vinyl chloride monomer i) Reduce the use of mercury in terms of
production per unit production by 50 per cent from
year 2020 against 2010 use;
ii) Reduce the reliance on mercury from
primary mining;
iii) Reduce emissions and releases of
mercury to the environment;
iv) Support research and development in
respect of mercury-free catalysts and
processes;
v) Do not use mercury 5 years after it
has been established that mercury-
free catalysts based on existing
processes have become technically and
economically feasible.
2. Sodium or Potassium i) Reduce the use of mercury aiming at the
Methylate or Ethylate phase out of this use as fast as possible
by 2023;
ii) Reduce emissions and releases in terms
of per unit production by 50 per cent
from the year 2020 compared to 2010;
iii) Do not use fresh mercury from primary
mining;
iv) Support research and development in
respect of mercury-free processes;
v) Do not use mercury 5 years after it
has been established that mercury-free
processes have become technically and
economically feasible.

217
3. Production of i) Reduce the use of mercury, aiming at the
polyurethane using phase out of this use as fast as possible,
mercury containing by 2023;
catalysts ii) Reduce the reliance on mercury from
primary mercury mining;
iii) Reduce emissions and releases of
mercury to the environment;
iv) Support Research and development in
respect of mercury-free catalysts and
processes.

218
 SCHEDULE 4

Regulations 3, 10(1), 11(2) (d) and 23(2)(a)

CLASSIFICATION OF HAZARDOUS CHEMICALS

Hazard Classification Description

A Physical Hazards
Explosives Are assigned to one of six subcategories
depending on the type of hazard they present, as
used in the UN Dangerous Goods System.
Flammable gases Gases are category 1 flammable if they start to
flame in a range in air at 20 °C (68 °F) and a
standard pressure of 101.3 kPa. Category 2 is
Non-flammable and non-toxic gases, and category
3 is toxic gases. Substances and mixtures of this
hazard class are assigned to one of two hazard
categories on the basis of the outcome of the test
or calculation method.
Flammable liquid Liquid with a flash point of not more than 93
°C (199.4 °F). Substances and mixtures of this
hazard class are assigned to one of four hazard
categories on the basis of the flash point and
boiling point. A pyrophoric liquid is a liquid that,
even in small quantities, is liable to ignite within
five minutes after coming into contact with air.
Substances and mixtures of this hazard class are
assigned to a single hazard category on the basis
of the outcome of the UN Test N.3.
Flammable solid One that is readily combustible or may cause
or contribute to fire through friction. Readily
combustible solids are powdered, granular, or
pasty substances which are dangerous if they
can be easily ignited by brief contact with an
ignition source, such as a burning match, and if
the flame spreads rapidly. It is further divided
into; (1) flammable solids and (2) polymerizing
substances.

219
Self-reactive Thermally unstable solids liable to undergo a
substances strongly exothermic thermal decomposition
even without participation of oxygen (air), other
than materials classified as explosive, organic
peroxides or as oxidizing.
Pyrophoric substance Colloquially described as spontaneously
combusting substances, are those solids or liquids
that even in small quantities are liable to ignite
within five minutes after coming into contact
with air. Substances and mixtures of this hazard
class are assigned to a single hazard category on
the basis of the outcome of the UN Test N.2.
Self-heating Self-heating solids or liquids, other than a
substances pyrophoric substance, is one which, by reaction
with air and without energy supply, are liable
to self-heat. Substances and mixtures of this
hazard class are assigned to one of two hazard
categories on the basis of the outcome of the
UN Test N.4. Substances which on contact
with water emit flammable gases are liable to
become spontaneously flammable or to give
off flammable gases in dangerous quantities.
Substances and mixtures of this hazard class are
assigned to one of three hazard categories on
the basis of the outcome of UN Test N.5, which
measures gas evolution and speed of evolution.
Flammable aerosols can be classified as Class 1
or Class 2 if they contain any component, which
is classified as flammable.
Oxidizing substances Contain; (1) category 1: oxidizing substances
and organic peroxides and (2) category 2: organic peroxides, organic
liquids or solids that contain the bivalent -O-
O- structure and may be considered a derivative
of hydrogen peroxide, where one or both of the
hydrogen atoms have been replaced by organic
radicals. The term also includes organic peroxide
formulations (mixtures).

Substances and mixtures of this hazard class are

assigned to one of seven ‘Types’, A to G, on the
basis of the outcome of the UN Test Series A to
H.

220
 Substances corrosive Substances or mixtures that by chemical action
to metal will materially damage or even destroy metals.
These substances or mixtures are classified in
a single hazard category on the basis of tests
(Steel: ISO 9328 (II): 1991 - Steel type P235;
Aluminum: ASTM G31-72 (1990) - non-clad
types 7075-T6 or AZ5GU-T66). The GHS
criteria are a corrosion rate on steel or aluminum
surfaces exceeding 6.25 mm (0.246063in) per
year at a test temperature of 55 °C (131°F).

B Health hazards
Acute toxicity Includes five GHS categories from which the
appropriate elements relevant to transport,
consumer, worker and environment protection
can be selected. Substances are assigned to one of
the five toxicity categories on the basis of LD50
(oral, dermal) or LC50 (inhalation).
Skin corrosion Means the production of irreversible damage
to the skin following the application of a test
substance for up to 4 hours. Substances and
mixtures in this hazard class are assigned to a
single harmonized corrosion category.
Skin irritation Means the production of reversible damage to the
skin following the application of a test substance
for up to 4 hours. Substances and mixtures in
this hazard class are assigned to a single irritant
category.
Serious eye damage Means the production of tissue damage in the eye,
or serious physical decay of vision, following
application of a test substance to the front surface
of the eye, which is not fully reversible within
21 days of application. Substances and mixtures
in this hazard class are assigned to a single
harmonized category.
Eye irritation Means changes in the eye following the
application of a test substance to the front surface
of the eye, which are fully reversible within 21
days of application. Substances and mixtures
in this hazard class are assigned to a single
harmonized hazard category.

221
 Means a substance that induces hypersensitivity
of the airways following inhalation of the
Respiratory sensitizer
substance. Substances and mixtures in this hazard
class are assigned to one hazard category.

Means a substance that will induce an allergic

response following skin contact. The definition
Skin sensitizer for “skin sensitizer” is equivalent to “contact
sensitizer”. Substances and mixtures in this
hazard class are assigned to one hazard category.

Means an agent giving rise to an increased

occurrence of mutations in populations of cells
Germ cell
and/or organisms. Substances and mixtures in
mutagenicity
this hazard class are assigned to one of two hazard
categories. Category 1 has two subcategories.

Means a chemical substance or a mixture of

chemical substances that induce cancer or
Carcinogenicity increase its incidence. Substances and mixtures in
this hazard class are assigned to one of two hazard
categories. Category 1 has two subcategories.

Includes adverse effects on sexual function

and fertility in adult males and females, as
well as developmental toxicity in offspring.
Substances and mixtures with reproductive and/
or developmental effects are assigned to one of
Reproductive toxicity two hazard categories, ‘known or presumed’ and
‘suspected’. Category 1 has two subcategories
for reproductive and developmental effects.
Materials which cause concern for the health
of breastfed children have a separate category:
effects on or via lactation.

222
 Specific target organ Category distinguishes between single and
toxicity (STOT) repeated exposure for Target Organ Effects.
All significant health effects, not otherwise
specifically included in the GHS,that can impair
function, both reversible and irreversible,
immediate and/or delayed are included in the
non-lethal target organ/systemic toxicity class
(TOST). Narcotic effects and respiratory tract
irritation are considered to be target organ
systemic effects following a single exposure.
Substances and mixtures of the single exposure
target organ toxicity hazard class are assigned to
one of three hazard categories. Substances and
mixtures of the repeated exposure target organ
toxicity hazard class are assigned to one of two
hazard categories.

Aspiration hazard Includes severe acute effects such as chemical

pneumonia, varying degrees of pulmonary injury
or death following aspiration. Aspiration is the
entry of a liquid or solid directly through the
oral or nasal cavity, or indirectly from vomiting,
into the trachea and lower respiratory system.
Substances and mixtures of this hazard class are
assigned to one of two hazard categories of this
hazard class on the basis of viscosity.

C Substitute substances Sometimes it is possible to replace hazardous

substances with substances featuring a
reduced health risk. As an assistance to assess
possible substitute substances, the Institute for
Occupational Safety and Health of the German
Social Accident Insurance (IFA) has developed
the Column Model. On the basis of just a small
amount of information on a product, substitute
substances can be evaluated with the support
of this table. The current version from 2020
already includes the amendments of the 12th CLP
Adaptation Regulation 2019/521.

223
D Environmental
hazards
Hazardous to aquatic Acute aquatic toxicity means the intrinsic
environment property of a material of causing injury to an
aquatic organism in a short-term exposure.
Substances and mixtures of this hazard class are
assigned to one of three toxicity categories on
the basis of acute toxicity data: LC50 (fish) or
EC50 (crustacean) or ErC50 (for algae or other
aquatic plants). In some regulatory systems these
acute toxicity categories may be subdivided or
extended for certain sectors.
Hazardous to aquatic Chronic aquatic toxicity means the potential or
environment actual properties of a material to cause adverse
effects to aquatic organisms during exposures
that are determined in relation to the lifecycle
of the organism. Substances and mixtures in
this hazard class are assigned to one of four
toxicity categories on the basis of acute data and
environmental fate data: LC50 (fish) or EC50
(crustacea) or ErC50 (for algae or other aquatic
plants) and degradation or bioaccumulation.
Hazardous to the Any of the controlled substances listed in
Ozone layer Annexes to the Montreal Protocol; or any
mixture containing at least one ingredient listed
in the Annexes to the Montreal Protocol, at a
concentration of ≥0.1%
E Classification of mixtures
Classification of mixtures is based on the
following steps:
1. Where toxicological or ecotoxicological test
data are available for the mixture itself, the
classification of the mixture will be based on
that data;
2. Where test data are not available for the
mixture itself, then the appropriate bridging
principles should be applied, which uses test
data for components and/or similar mixtures;
3. If (1) test data are not available for the
mixture itself, and (2) the bridging principles
cannot be applied, then use the calculation
or cutoff values described in the specific
endpoint to classify the mixture

224
 SCHEDULE 5

FORMS

Form I

Regulations 12(1), 16(1), 29(2) and 30 (2)

APPLICATION FOR REGISTRATION RENEWAL OF TRANSFER

OF HAZARDOUS CHEMICAL /A LICENCE/RENEWAL OF A
LICENCE TO DEAL IN HAZARDOUS CHEMICALS
(To be completed in Triplicate)
(Delete what is not applicable)

Application Reference No_______________________________________

Licence No and date of issue____________________(in case of renewal)
Application for registration of ………………………………. Chemical

Application for licence to (tick as appropriate):

• import;
• export;
• store;
• manufacture;
• formulate;
• re-package;
• use

Part A: General
1. Name of applicant
________________________________________________________­­­­­­­­­­­­­­­
_________________________________________________________

2. Legal status of the applicant (whether individual, partnership or

company; and attach certified copy of certificate of incorporation/
registration)
________________________________________________________­­­­­­­­­­­­­­­
_________________________________________________________
225
Tax Identification Number (TIN)__________________________________

3. Contact details of applicant

(a) Postal address: _____________________________________
(b) Physical address: ___________________________________
(b) Telephone No ______________________________________
(d) E-mail address:_____________________________________

4. Location of facility (where applicable) (district/county/subcounty/

parish/village)
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

5. Valid trading licence, import or export licence and date obtained (at-
tach a copy)
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

6. Qualifications and experience of the applicant or their agent in

chemical management (Describe and attach supporting documents)
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

7. Hazardous chemicals to be traded or dealt in

______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

8. CAS number, trade name, chemical identification details and

structural formula of the active ingredient
9. Composition of mixtures where appropriate____________________

10. Registration number (where applicable)

11. Harmonised customs code for the hazardous chemicals in

accordance with the World Customs Harmonized System code of
nomenclature;

12. Port of entry

_________________________________________________­­­­­­­­­­­­­­­
__________________________________________________
226
13. Quantity of the chemical to be manufactured, imported, exported,
formulated, repackaged, stored or used
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
14. Purpose and intended use of the chemical, including safety precautions
and safety data sheets
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
15. Proposed mode of transport, handling and storage for the chemical
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
16. Nature of packaging material that will be used for the chemical
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
17. Expected shelf-life
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
18. Measures for the containment of leakage
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
19. Take back mechanism for the packaging and expired chemicals
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

20. Proposed disposal methods of expired and unused chemicals

______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
Part B: Where the application is for import of hazardous chemicals, the
following shall be additional;
1. Country of origin of the chemical or product or country from which
the chemical or product is consigned
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

2. Name and full address of supplier or manufacturer

______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
227
3. Final destination for the chemical
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
4. Measures for the containment of leakage.
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
Part C: Where the application is for export;
1. Nature of chemical or product to be exported or re-exported
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
2. Country to which the chemical is to be exported or re-exported
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
3. Name and address of the intended recipient
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
4. A request for issuance of a certificate of export, accompanied with a
movement document in the National Environment (Management of
Hazardous Chemicals and Products Containing Hazardous Chemicals)
Regulations, 2023.
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
5. Evidence that the consent of the Designated National Authority of the
State to which the restricted chemical or product is to be exported and,
where applicable, the country through which the applicant intends to
move the restricted chemical or product, has been obtained.
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

Part D: Where the application is for manufacture of hazardous

chemicals the following shall be additional.
1. Where applicable, a description of the technical competence and
experience of the applicant, and proof of availability of a qualified
and experienced chemist or other competent person to supervise the
manufacturing process
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
228
2. Location of facility
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

3. Proof of the financial capacity of the applicant

______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

4. Description of manufacturing facilities, equipment and processes

______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

5. Intended use, method, rate (of use) and frequency of application

______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

6. Hazard properties of the chemicals to be manufactured.

7. Copy of a certificate of approval of environmental and social

assessment for the facility granted in accordance with the Act and
the National Environment (Environment and Social Assessment)
Regulations, 2020.
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

Part E: Where the application is for transportation of hazardous

chemicals, provide the following additional information
1. Description of the nature and type of vessels and equipment to be used
for transportation of the chemicals (include registration number and
model as appropriate)
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

2. Proof of safety checks of the transportation vehicles for road

worthiness and suitability to transport the chemicals from a competent
Government Ministry, department or agency (attach copy of certificate
of road worthiness)
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
229
3. Carriage capacity of the vessel to be used in transportation of chemicals
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

4. Quantity of chemicals per vessel to be transported (tonnes or kg per

annum) and source of chemicals
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

5. Collection schedule for the transportation of the category of chemicals

for which the licence is sought
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

6. Licensed sites or plant to which the chemicals are to be transported

(attach additional information if necessary)
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

Part F: Where the application is for storage of chemicals, provide

the following additional information
1. Proposed location of the storage facility (Plot No., village, parish,
sub-county, county, district/municipality)
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

2. Description of the layout and design of the facility, including ventilation

or other measures, and suitability for storage of the specified chemicals
(describe and attach proposed structural plans, including site layout
and decommissioning plans)
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

3. Source of the chemicals (i.e. where the chemicals were collected from
to the point of storage)
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

230
4. Type of chemicals to be stored and describe whether liquid, solid or
gaseous and their possible impacts.
_______________________________________________________­­
_______________________________________________________

5. Quantity of chemicals to be stored in tonnes or kg for solids; or in cm3

if liquids or gases and capacity of disposal site
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

6. Type of containers in which the chemicals are to be packaged

______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

7. Labels on the container (describe and attach sample)

______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

8. Whether there are any other materials stored or to be stored in the

facility (describe)
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

9. Description of the surroundings of the facility (whether industrial,

residential, commercial and whether it is near schools or recreational
areas)
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

10. Duration of storage applied for

______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

11. Final destination of the chemicals

______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

12. Description of safety measures at the facility

______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________
231
13. Measures for containment and treatment of leakage or leachate, if
applicable
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

G. RESTRICTED CHEMICALS
Where the application is for import, export, re-export manufacture,
formulate, re-package, store, sell, distribute or use of restricted chemicals
a licence is required to be issued in accordance with regulation 20 and
Form 1 under Schedule 5.

Provide the following additional information;

(a) an assessment to the satisfaction of the Authority, of all
alternatives in order to explicitly demonstrate the need for such
chemicals

(b) in the case of Persistent Organic Pollutants, obtain and

register an exemption in line with the Stockholm Convention on
Persistent Organic Pollutants, 2004

(c) obtain and register an exemption under the Minamata

Convention on Mercury, 2013 for mercury and mercury
compound related chemicals,
(d) obtain and register exemptions for other chemicals as required
by other international conventions to which Uganda is a Party
and other applicable written law

F. Facility Compliance Record in the case of renewal of licence.

1. Is the chemical management facility in operation? Yes _____ No

______ Partially _______ (Tick as appropriate)

(a). If Yes, please provide date when the chemical management fa-
cility started operation.
_________________________________________________­­­­­­­­­­­­­­­
__________________________________________________

(b). If partially, provide details

_________________________________________________­­­­­­­­­­­­­­­
__________________________________________________
232
 (c). If no, please provide reasons for non-operation.
_________________________________________________­­­­­­­­­­­­­­­
__________________________________________________

2. Is an Environment Management System (EMS), including a risk

management plan, established and implemented for the facility?
Yes_____ No_____

(a) If yes, provide summary of the Environmental Policy, and level

of implementation of the EMS.
_________________________________________________­­­­­­­­­­­­­­­
__________________________________________________
3. Is the environmental management and monitoring plan up to date?
Yes _____ No ______ (Tick as appropriate)

If no, indicate how it will be updated if the chemical management

facility licence is renewed.
______________________________________________________­­­­­­­­­­­­­­­
____________________________________________________
4. Will the renewal of the licence come with new developments or
modification of the chemical management facility?
Yes _____ No ______ Partially _______ (Tick as appropriate)

If Yes, attach a report of the developments or modifications

______________________________________________________­­­­­­­­­­­­­­­
______________________________________________________

Part H: Final provisions and attachments

1. Any other information/approvals

______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

2. Attach a copy of the current licence (if application is for renewal)

______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

3. Attach evidence of compliance with the conditions of a licence to

be renewed including, where applicable, a summary of the most
233
 recent environmental compliance audit report and where available,
the response of the Authority to the audit report (if application is for
renewal)

4. Attach a copy of the most recent annual report (if application is for
renewal)

5. Where applicable, attach a confirmation of the financial security (if

application is for renewal)

6. Attach a record of safety equipment and measures applied before,

including the best available technology and best environment
management practices (if the application is for renewal).
______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

I declare that the information stated in this application is true and

correct to the best of my knowledge.

Signature: _______________________________________________

Name of applicant_________________________________________

Designation of applicant____________________________________

Contact information (phone number, e-mail and other)

_______________________________________________________
_______________________________________________________

Date: ___________________

Note:
1. The applicant shall lodge an application for renewal of a licence
within sixty days prior to the expiry of the current licence.
2. The applicant shall be notified in writing where the Authority
rejects the application for renewal of the licence, with reasons
for the rejection.
3. If the renewal of the licence is approved, a new licence shall be
issued.
234
 4. If the information given in the application is false, misleading,
wrong or incomplete it may lead to a rejection of the application
or the suspension, withdrawal, amendment or cancellation of a
licence, if granted.
5. This form must be submitted in triplicate on payment of the
prescribed fees to the Authority

______________________________________________________
(For Official Use Only)

Comments of the lead agency (attach additional comment as necessary)

____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________

Where applicable, comments from the public (attach additional comments

as necessary)
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________

Application received on ________________________________20_______

Fee paid Shs ___________ (in words) ______________________________

____________________________________________________________

Inspections of the Authority

____________________________________________________________
____________________________________________________________

In respect of an application for storage of chemicals–

1. Type of facility
_______________________________________________________
_______________________________________________________

235
2. Adequacy of the facility
The availability of adequate and appropriate facilities and equipment
to transport and store chemicals for which the application is made.
__________________________________­­­­­­­­­­­­­­­_____________________
_______________________________________________________

In respect of an application for transportation of chemicals—

1. Registration number and model of vessels to transport chemicals

__________________________________­­­­­­­­­­­­­­­_____________________
_______________________________________________________

2. Proof of safety checks of the transportation vessels for road worthiness

and suitability to transport the chemicals from a competent authority
(attach additional information if necessary)
__________________________________­­­­­­­­­­­­­­­_____________________
_______________________________________________________

Comments of the Authority (attach additional comment as necessary)

____________________________________________________________­­­­­­­­­­­­­­­
____________________________________________________________

Decision of the technical committee on management of chemicals

____________________________________________________________­­­­­­­­­­­­­­­
_______________________________________________________

Date _________________ ____________________________

Executive Director

236
 FORM 2
Regulation 24(1).

LICENCE TO DEAL IN IMPORT/MANUFACTURE/FORMULATE/

RE-PACKAGE STOREE/SELL/DISTRIBUTE/EXPORT/RE-
EXPORT/USE HAZARDOUS CHEMICALS

Licence No: NEMA/HC/________________________________________

Name _______________________________________________________

Physical address_______________________________________________

Postal address ________________________________________________

(Plot No., village, parish, sub-county, county, district/municipality)

Contact phone number __________________________________________

Tax Identification Number _______________________________________

You are hereby licensed to import/manufacture/formulate/re-package/store/

sell/distribute/export/re-export/use the following hazardous chemicals;
1. ______________________________________________________
2. _______________________________________________________
3. _______________________________________________________
If import/export/re-export:

From or to _______________________ (country and user, as appropriate)

1. Particulars of transporter:

Name of transporter ______________________________________

Physical address _________________________________________
Postal address __________________________________________
Contact phone number _____________________________________
Tax identification number___________________________________

237
2. Mode of transport _______________________________________

3. Port of shipment _________________________________________

4. Designated port of entry/exit ________________________________

5. Marks and Numbers:

(a) Number and kind of packages

__________________________________________________

(b) Description of substance/product:

__________________________________________________

6. Customs Tariff Code: _____________________________________

7. Origin criterion: __________________________________________

8. Gross weight/other quantity: ________________________________

9. Value (UGX/USH): _______________________________________

10. Invoice No: _________________Date: ___________________

11. Declaration by exporter:

I, the undersigned, hereby declare that the above details and statements
are correct; and that all the substances/products are produced/
assembled/obtained from (name of place/origin of substance/product)
_______________________________________________________

Date: ______________________________

___________________________________________
Declarant’s Signature and Stamp:

Name of Exporter: _______________________________________

Stamp/Seal

238
TR/ST/CM*

If transportation or distribution of chemicals:

From or to________________________(location/ village, parish, sub-

county, county, district/municipality) from _____________(location/village,
parish, sub-county, county, district/municipality).

Type and registration number of vehicles licensed (describe details)

____________________________________________________________
(Attach details of journey management plan, if any)

If storage of chemicals:

You are hereby licensed to operate a storage facility at ________________

(location/ village, parish, sub-county, county, district/municipality).

Other details:

Approved common name and CAS No. of chemical:

___________________________________________________­­­­­­­­­­­­­­­________
____________________________________________________________

Trade name under which marketed in Uganda:

___________________________________________________­­­­­­­­­­­­­­­_______
____________________________________________________________

Active ingredient(s):
____________________________________________________________­­­­­­­­­­­­­­­
____________________________________________________________

Formulation:
________________________________________________________­­­­­­­­­­­­­­­____
____________________________________________________________

This licence is valid from __________20______ to __________20______

239
This licence is granted subject to the following conditions:

____________________________________________________________

____________________________________________________________

Date: _______________________ Signature: _______________________

EXECUTIVE DIRECTOR,
National Environment Management Authority.
*TR/ST/CM

TR – transport

ST – storage

CM – chemical manufacture

Note:
(1) This licence is not transferable to any person without the approval of
the Authority.
(2) This licence is given on the basis of the information given in the
application for import/manufacture/formulate/re-package/store/sell/
distribute/export/re-export/use hazardous chemicals dated ……
(3) This licence will be revoked if the applicant is found to be in violation
of the conditions in the licence.

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 FORM 3
Regulation 27(3)

APPLICATION FOR VARIATION OF LICENCE

Details of applicant

Name of applicant _____________________________________________

Legal status of applicant _____________________________________
TIN ______________________________________________________
Physical / postal address_________________________________________
____________________________________________________________
Telephone No.____________________ Fax No.______________________
E-mail ______________________________________________________

Details of current licence

Reference No. of current licence. ______________________________
Date of issue of current licence.
____________________________________________________________

Previous applications (where applicable) __________________________

____________________________________________________________
____________________________________________________________
____________________________________________________________

Was the licence previously varied? (Indicate dates and details of variation)
____________________________________________________________
____________________________________________________________
____________________________________________________________

Proposed variations to conditions in current licence

Requested variation(s) (specify) __________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
Justification for variation(s) ______________________________________
______________________ ______________________________________

241
____________________________________________________________
____________________________________________________________

(Attach other information, if necessary)

Implication of the variation(s) on the surrounding community and the envi-
ronment
____________________________________________________________
____________________________________________________________
___________________________________________________________
(Attach other information, if necessary)

Describe any additional measures proposed to eliminate, reduce or control

any adverse environmental and social impacts arising from the proposed
variation(s)
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
(Attach other information, if necessary)

Declaration by applicant

I hereby certify that the particulars given above are correct and true to the
best of my knowledge and belief.

Dated this..........................day of...........................20.....................................

Name

____________________________________________________________
Designation Signature

Note:

This Form must be submitted in duplicate on payment of the prescribed fees

to the Authority.

242
 FORM 4
Regulations 41(2) and 42(1)(b)

NOTIFICATION FOR TRANSBOUNDARY MOVEMENT OF

HAZARDOUS CHEMICALS.
(To be filled in Quadruplicate)
(For transit purposes only)
1. NOTIFIER 1
Name: _________________________________________________
Telephone: ______________________________________________
Postal and physical address: ________________________________
E-mail: ________________________________________________
Contact person (name, address, fax, e-mail):
Name: _________________________________________________
Telephone: ______________________________________________
Postal and physical address: _________________________________

E-mail: _________________________________________________

2. MANUFACTURER/FORMULATOR(S) OF CHEMICAL

Name: _________________________________________________

Telephone:______________________________________________

Postal and physical address: _________________________________

E-mail: _________________________________________________

Contact person:
Name: _________________________________________________

Telephone: ______________________________________________

243
 Postal and physical address: _________________________________
E-mail: _________________________________________________

(Physical location of the premises)

_______________________________________________________

3. HAZARDOUS CHEMICALS
Description of chemical:
______________________________________________________­­­­­­­­­­­­­­­
_______________________________________________________

Chemical name and structural formulae of active ingredients:

______________________________________________________­­­­­­­­­­­­­­
_______________________________________________________

Trade and approved common name:

______________________________________________________­­­­­­­­­­­­­
_______________________________________________________

Classification of chemical:
(a) Use:
_________________________________________________­­­­­­­­­­­­­­
_________________________________________________

(b) Natural hazard:

_________________________________________________­­­­­­­­­­­­­­
_________________________________________________

(c) Source:
_________________________________________________­­­­­­­­­­­­­­
_________________________________________________

(d) CAS No.:

_________________________________________________­­­­­­­­­­­­­­
_________________________________________________

Registration No. and references of the chemical in country of origin:

_______________________________________________________­­
­­­­­_______________________________________________________
244
 Estimated quantity (kg or L) of the shipment:
______________________________________________________­­­­­­­­­­­­
______________________________________________________

Description of Packaging
(a) size: ­­­­­­­­­­­­­­­­­­­­­­__________________________________________
(b) material: ______________________________________
(c) lining number of packages: _______________________

Precaution and safety measures for handling chemicals and

products including emergency provisions in case of accidents:
___________________________________________________
___________________________________________________

4. CONSENT OF DESIGNATED NATIONAL AUTHORITY

National Authority and details of approval:
_______________________________________________________
_______________________________________________________

5. TRANSIT
Projected length of time the chemical shipment shall be in transit on
Uganda territory:
_______________________________________________________
_______________________________________________________
Expected date of entry:_____________________________________
Expected date of exit: ______________________________________
Means of transport envisaged:
__________________________________________________­­­­­­­­­­­­­­­
__________________________________________________

Information relating to insurance (guarantee that the person responsible

shall fully compensate any damage caused to human health, property
or to the chemical in question during transit)

245
6. DECLARATION

I/We ................................. being the notifier hereby guarantee/declare that

the above information is correct and true.

Signed: (Notifier): ____________________________________________

246
 FORM 5
Regulation 42(1)(a)

MOVEMENT DOCUMENT FOR HAZARDOUS CHEMICALS

(To be completed in duplicate)

1. Corresponding to
2. Serial/total number of shipments:
notification No:
3. Exporter - notifier 4. Importer - consignee
Registration No:
Registration No: Name:
Name: Address:
Address: Contact person:
Contact person: Tel:
Tel: Fax:
Fax: E-mail:
E-mail:
5. Packaging Type(s):
Number of packages:
Weight (kgs):
Special handling requirements: Yes : 1/No:1
6. To be completed by transporter’s representative
6. (a) 1st 6. (b) 2nd Trans- 6. (c) Last
Transporter): porter: Transporter:

Registration No: Registration No: Registration No:

Name: Name:
Name: Address: Address:
Address:
Tel: Tel:
Tel: Fax: Fax:
Fax: E-mail: E-mail:
E-mail: Means of transport Means of transport (1):
Means of transport (1): (1): Date of transfer: …….
Date of transfer: Date of transfer: Signature:
……… Signature: ………. ……………….
Signature:
……………

247
7. Source of 8. Physical characteristics of chemical:
chemical:
Registration No:
Name:
Address:

Contact person:

Tel: Fax:
E-mail:
Site of generation (2):

9. Designation and 10. Chemical identification (fill in relevant

composition of codes)
chemical: (a) UN class:
(b) UN Number:
(c) UN Shipping name:
(d) Customs code(s) (HS): National code in
country of export:
National code in country of import:
(e) Other (specify):

11. Exporter’s - notifier’s declaration:

I certify that the above information is complete and correct to the best of
my knowledge. I also certify that legally enforceable written contractual
obligations have been entered into, that any applicable insurance or other
financial guarantee is in force covering the transboundary movement
and that all necessary consents have been received from the competent
authorities of the countries concerned.
Signature:
Name:
Date:
For use by any person involved in transboundary movement in case
additional information is required
12. Shipment received by importer - consignee (if not facility):
Name:
Date:
Signature:
248
FOR USE BY CUSTOMS OFFICES

13. Country of export - 14. Country of import - destination

dispatch or customs office of or customs office of entry
exit The chemical described in this
The chemical described in this movement document entered the
movement document left the country on:
country on: Date:
Date: Signature:
Signature: Stamp
Stamp

Stamps of Customs Offices of transit countries

Name of country: Exit port: Name of Exit port:
Entry port: country:
Entry port:

249
 SCHEDULE 6

Regulations 16(1), 27(4), 29(3)(e) and 47(3).

FEES
Shs.
1. Application for licence 100,000.

2. Licence fee
(a) Import of chemicals 800,000.
(b) Manufacture or formulation of chemicals, 800,000
(c) Re-packaging, store or use of chemicals 500,000.
(d) Export of chemicals 500,000.

3. Transboundary movement of chemicals

Movement document for transboundary movement 500,000.
of chemicals

4. Information on the chemicals register

cost of reproduction, where applicable

Rationale of fees: to cover administrative costs for processing the application,

including inspections and sittings of the technical committee on pollution
control.

250
 SCHEDULE 7

Regulation 21(2)(a)

FORMAT FOR FINANCIAL SECURITY

[The Guarantee Bank’s headed paper]

Representing the Republic of Uganda
The National Environment Management Authority (NEMA)
[Date]
ON DEMAND BANK GUARANTEE
BANK GUARANTEE NO.: [XX-XX] IN THE AMOUNT OF [USD/
UGX] [ ● insert amount] (THE “GUARANTEED AMOUNT”)
BENEFICIARY: THE NATIONAL ENVIRONMENT MANAGEMENT
AUTHORITY (NEMA)
(REPRESENTING THE REPUBLIC OF UGANDA) (THE
“BENEFICIARY”)
[ ● Name of Guarantee Bank], [business/company/etc.] registration no. ,
as applicable [●] a [commercial bank] incorporated under the laws of [●]
with its registered address at [●] (the “Guarantor”) hereby guarantees to
the Beneficiary the obligations of [ ● Name of company] ([ ● nationality]
[business/company/etc.] no. [●]) (the “Company”) with respect to certain
responsibilities of the Company as the holder of a licence to manage waste
under the National Environment (Waste Management) Regulations, 2020
(Regulation No. [●] of 2020) (the “Regulations”) and in accordance with
the terms of licence no. [ ● Insert reference to the waste management licence
(or references)] (the “Licence”) granted by the Beneficiary under the terms
of the Regulations and in accordance with the [National Environment, Act
2019].
This Guarantee is given for the purpose of fulfilling the requirements set out
in: [(1)] regulation 15(1) of the Regulations and (2) the terms of the Licence.

Other terms of this Guarantee:

1. The Guarantor’s maximum liability hereunder is limited to the
Guaranteed Amount. The Guaranteed Amount may only be reduced
with the prior written consent of the Beneficiary. Any payments by the
Guarantor under this Guarantee will reduce the Guaranteed Amount
with a corresponding amount.
2. This guarantee is an irrevocable and unconditional on-demand
251
 guarantee. Set-off, counter-claim and other deductions are not
permitted and the Guaranteed Amount shall be paid to the Beneficiary
in accordance with the provisions of Clause 4 below without any
deductions whatsoever.
3. A claim for payment under this Guarantee by the Beneficiary shall be
in writing, setting out the amounts to be paid together with a statement
from the Beneficiary that the amount is due for payment.
4. The claim for payment must be presented by the close of regular
business hours on the expiry date set out in Clause 5 below.
5. The Guaranteed Amount, or such lower amount as may be claimed by
the Beneficiary, shall be paid within three business days of demand for
payment.
6. The Beneficiary may make multiple demands hereunder, limited
upwards to the Guaranteed Amount.
7. This Guarantee will expire on [ ● Date] and will automatically be
renewed, on an annual basis, until [20●●] or [ ● state event] when the
Guarantee will lapse without further notice.
8. The Guarantor may terminate the Guarantee by giving six months’
notice to the Beneficiary prior to the date of its annual renewal. [The
notice period may be less than 6 months depending on the activity
guaranteed]
9. If the Guarantee is terminated by the Guarantor, the Guarantee shall
nevertheless remain in full force and effect until the ensuing annual
renewal date.
10. All notices, requests, demands and other communication required
or permitted under this Guarantee shall be in writing and shall be
deemed to have been received when (i) delivered by hand or courier
to the recipient; (ii) when received via electronic mail (provided
that such electronic mail is actually delivered and receipt thereof is
acknowledged); or (iii) [● insert number of days] after the date when
posted by [registered / air] mail, with postage prepaid, to all addresses
as ascribed below:
In case of the Beneficiary:
[● insert address]
In case of the Guarantor:
[● insert address]
11. If the Guarantee has been terminated in accordance with Clause 8
above, the Beneficiary may present a demand under the Guarantee
for the full Guaranteed Amount, irrespective of whether the Company
252
 fulfils its obligations. The Beneficiary may retain the Guaranteed
Amount paid by the Guarantor as security for future obligations for as
long as the Company shall provide security to the Beneficiary under
the terms of the Licence.
12. This Guarantee and any non-contractual obligations arising out of or in
connection with it shall be governed by, and construed in accordance
with the laws of [●].
13. The Guarantor hereby submits to the jurisdiction of [●].
[Date/Place]
[BANK]
_______________________________________________________

_______________________________________________________
Signature
Name in block letters:

253
 SCHEDULE 8

Regulation 32(3)(d)

PICTOGRAMS AND SYMBOLS FOR LABELLING OF

HAZARDOUS CHEMICALS

Pictogram Symbol Hazard class

Exploding • Explosives
Bomb • Self-Reactive substances
and mixtures
• Organic Peroxides

Flame • Flammables
• Pyrophorics
• Self-Heating substances or
mixtures
• Substances which, in
contact with water, emit
flammable gases
• Self-Reactive substances or
mixtures
• Organic peroxides
• Chemicals under pressure
• Aerosols
Flame Over • Oxidizers
Circle

254
Gas Cylinder • Gases under pressure

Corrosion • Skin corrosion or

irrritation
• Eye damage or irritation
• Corrosive to Metals

Skull and • Acute toxicity (fatal or

Crossbones toxic)

Exclamation • Irritant (skin and eye)

Mark • Skin sensitization or
irritatoin
• Acute toxicity (harmful)
• Narcotic effects
• Respiratory tract irritant
• Hazardous to ozone Layer

255
Health Hazard • Carcinogenicity
• Mutagenicity
• Reproductive toxicity
• Respiratory sensitization
• Specific target organ
toxicity
• Aspiration hazard

Environment • Aquatic toxicity (acute

and chronic)

256
 SCHEDULE 9
Regulation 40(2).

DESIGNATED PORTS OF ENTRY AND EXIT

1. Malaba
2. Busia
3. Mpondwe
4. Katuna
5. Entebbe International Airport
6. Kabalega International Airport
7. Mutukula
8. Port Bell
9. Mirama Hills
10. Elegu
11. Goli
12. Vurra
13. Kampala
14. Jinja
15. Mbarara
16. Mombasa
17. Dar es Salaam

257
 SCHEDULE 10

Regulation 52(1)

FORMAT FOR REPORTING ON HAZARDOUS CHEMICALS AND

CHEMICAL PRODUCTS ACTIVITIES.

Part I: General information

Name of company/firm or individual:

……………………………………………………………………………..
…………………………………………………………………………….

Type of licence held by the company/firm/individual:

……………………………………………………………………………..

Number of operational days in the reporting year:

……………………………………………………………………………..

Mitigation
Source of
Possible measures
Type of Category of export or Intended Mode of Safety
Labelling market/ to protect
chemical classification import use transportation precautions
user human health/
(specify)
environment

Part II – Specific information

Storage of chemicals
Amount of
Name of Amount of chemicals Amount of
Maximum
chemical or chemicals Amount and products chemicals
amount Amount
product/CAS and products stored transported and products
stored stored on
number produced on 31st for exported
during the 1st January
December distribution
year

258
Areas of improvement:
__________________________________________________________________
__________________________________________________________________

Incidents/near misses including response measures:

__________________________________________________________________
__________________________________________________________________

Discharges per annum

Average Maximum Total
Chemical
concentration concentration amount
Specific chemical being
manufactured and formulated

Any other chemical (specify)…

Emissions
Average Maximum
Compound Total amount
concentration concentration
Dust/ particles

Any other relevant information:

……………………………………………………………………..
……………………………………………………………………..

259
 Cross References

Constitution
Access to Information Act, 2005, Act 6 of 2005
External Trade Act, Cap. 88
Inland Water Transport Act, 2021, Act 18 of 2021
National Environment (Environmental and Social Assessment) Regulations,
S.I. No. 143 of 2020.
National Environment (Management of Ozone Depleting Substances and
Products) Regulations, 2020, S.I No. 48 of 2020
National Environment (Waste Management) Regulations, S.I. No. 49 of
2020.
National Environment Act, 2019, Act 5 of 2019.
Occupational Safety and Health Act 2006, Act No. 9 of 2006
Roads Act, 2019, Act 16 of 2019
Uganda National Bureau of Standards Act, Cap 327.
Uganda Revenue Authority Act, Cap. 196.
Minamata Convention on Mercury
Rotterdam Convention
Stockholm Convention

HON. SAM CHEPTORIS,

Minister of Water and Environment.

260
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