Philippines publishes Chemical Control Order for cadmium

On October 22, 2021, the Philippines promulgated Department of Environment and Natural Resources (DENR) Administrative Order No.2021-08: Chemical Control Order (CCO) for Cadmium and Cadmium Compounds. This Administrative Order newly adds cadmium to the list of substances regulated by the CCO, and applies to a wide range of related parties, including importers, distributors, manufacturers, processors, industrial users, transporters, Treatment, Storage and Disposal (TSD) facilities, and laboratory facilities. Registration will be mandatory for all regulated businesses, and importers will be required to obtain an importation clearance. This Administrative Order will take effect 15 days after its publication in a newspaper of general circulation and upon acknowledgement of receipt by the Office of the National Administrative Register (ONAR).

The original text of this Administrative Order can be downloaded from the following URL.
https://chemical.emb.gov.ph/wp-content/uploads/2021/05/DAO-2021-08-CCO-Cadmium.pdf

Scope of cadmium to be covered

Cadmium and cadmium compounds have been included in the Priority Chemicals List (PCL), and businesses that manufacture, import, or use these substances have been subject to obligations such as submission of compliance certificate and annual reporting. The cadmium and cadmium compounds reported under the PCL are listed in Annex A, and for these substances, the CCO will hereafter be applied in accordance with this Administrative Order. In addition, cadmium and cadmium compounds which have been exempted from regulation by the PCL, will also be regulated by the CCO.

However, the CCO will not apply to cadmium contained in products and materials that are not considered to be chemical substances or mixtures, such as batteries, toys, electronic equipment, jewelries, and ceramics. The CCO also will not apply to cadmium contained in chemical substances and mixtures regulated by other laws and regulations such as food, cosmetics, drugs, fertilizers, pesticides, radioactive materials, and fuel products.

Requirements for registration

All businesses dealing with cadmium (involved in activities including manufacturing, import, distribution, use, transportation, treatment, storage) shall register by submitting the registration form (Annex B) and other necessary documents through the online system of the Environmental Management Bureau (EMB). Businesses that have been issued a PCL Compliance Certificate or PCL Exemptions will also be required to register again under this Administrative Order.

Importers shall also apply for an importation clearance by using Annex C. Importation clearances shall be issued per trade name of products and will be valid for a period of six months.

The documents that must be attached to the above applications for registration and importation clearance are as follows.

• Photocopy of the Environmental permits such as the following:
  • Hazardous Waste Generator’s ID
  • Valid Discharge Permit
  • Valid Permit to Operate
  • Environmental Compliance Certificate

• Photocopy of Registration with the Securities and Exchange Commission or Department of Trade and Industry (DTI)
• Photocopy of Business Permit
• Photocopy of Safety Data Sheet (SDS)
• Cadmium and Cadmium Compounds Management Plan (must be prepared in accordance with Annex D)
• Emergency and Contingency Plan*
• Photo of Storage facility
• Notarized Certificate of Liabilities to compensate damages
• Photocopy of Pollution Control Officer (PCO) Accreditation Certificate
• Latest Self-Monitoring Report

*The Emergency and Contingency Plan shall be in accordance with Section 8.2 of the DENR Administrative Order 2013-22 and Section 8 of the SDS.

Labeling Requirements

Comply with the DENR Administrative Order No. 2015-009 regulating Globally Harmonized System (GHS) in Philippines and its subordinate regulations, EMB Memorandum Circular No. 2015-011.

• Storage cabinets, housing specimens and objects suspected of, or known to be contaminated with cadmium and cadmium compounds shall be labelled with a sign that indicates “Cadmium and Cadmium Compounds” and states its main hazards.