About the Import of Recyclable Materials Containing Hazardous Substances
Consistent with Department Administrative Order (DAO) No. 28, Series of 1994, Department Administrative Order No. 28, Series of 1997, Department Administrative Order No. 27, Series of 2004, and Department Administrative Order No. 66, Series of 2004, importation of recyclable materials containing hazardous substances, shall be allowed only upon obtaining prior written approval from the Secretary of the Department of Environment and Natural Resources of his duly authorized representative, and in accordance with the rules and regulations stipulated herein.
Hazardous Waste are allowed to be exported for recovery, treatment and final disposal and to countries which are Parties to the Basel Convention on the Transboundary Movement of Hazardous Wastes and their Disposal or to countries with existing bilateral, multilateral and regional agreements as provided for in Article 11 of the Convention.
Import of recyclable materials containing hazardous substances or export of hazardous waste, are approved by the DENR through the EMB Central Office when all the requirements indicated in this Chapter are met. The import or export clearance shall be issued after the consend from the Competent Authority of the importing and exporting coutries have been received by the EMB. An import or export clearance shall have validity of six (6) months, unless otherwise specified by the approval of the importing country.
LEGAL FRAMEWORK
Import or export under the provisions of this Chapter shall be undertaken consistent with the provisions of the Basel Convention and Republic Act 6969.
Recognizing the risk of damage to human health and the environment caused by hazardous wastes and the transboundary movement thereof, the Basel Convention adopted the following rights and obligations, among others, of the Party State:
- Prohibit the import of hazardous waste for final disposal operation.
- Prohibit or not permit the export of hazardous waste to those Parties which have prohibited the import of such waste
- Prohibit or not permit the export of hazardous waste not specifically prohibited by the importing country if the importing country has not given its prior consent in writing
Import of recyclable materials containing hazardous substances and export of hazardous waste shall be made in conformity with the said rights and obligations, especially to providing prior consent in writing to the importing and transit coutries.