Basic information
Outline of the system
Chemicals and chemical substances listed under Priority Chemical List (PCL) that will be imported, distributed, manufactured or used must secure a Priority Chemical List (PCL) Compliance Certificate to allow its release by the Bureau of Customs (BOC). The applicant must apply PCL Compliance Certificate under the Online Permitting and Monitoring System (OPMS) or the link found at https://opms.emb.gov.ph/.
Products under restriction as to the quantity or value of imports
Importation of chemical and chemical substances listed under the PCL does not restrict the quantity or value of imports. However, volume given depends on the production capacity or allowable volume an applicant can handle. The PCL Compliance Certificate serves as a special reporting requirements which enable the EMB to obtain information concerning the chemicals and its uses which then help or become a basis on which chemicals needs to be controlled.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The permit system applies to chemicals and mixtures coming from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The DENR Administrative Order No. 2005-27, "Revised PCL" and DENR Administrative Order No. 2007 23, "Prescribing Additional Requirements for the Issuance of the PCL Compliance Certificate" require importer-distributor and importer user-manufacturer/user-manufacturer to secure the PCL Compliance Certificate.
Licensing Procedures on the PCL were cited on the following Laws:
(a) DAO 2005-27: Revised Priority Chemical List;
(b) DAO 2007-23: Prescribing Additional Requirements for the Issuance of the Priority Chemical List ((PCL) Compliance Certificate;
(c) EMB MC 2014-003: Supplemental Guidelines for the DENR AO 2007-23 (Prescribing Additional Requirements for the Issuance of the Priority Chemical List (PCL) Compliance Certificate;
(d) EMB MC 2016-003: Implementation of Online Processing of Priority Chemical List (PCL) and Premanufacture Preimportation Notification (PMPIN) Under the Title II of DENR AO 29, Series of 1992, of RA 6969;
(e) EMB MC 2017-007: Clarification on the Coverage of Laboratory Facilities under DAO 2007-23 (PCL); and
(f) EMB MC 2020-010: Clarification to DENR Administrative Order 2007-23 on the Scope of Requirements under the Priority Chemicals List (PCL) Compliance Certificate.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
The system cannot be abolished without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
The following industrial companies that use chemicals listed under the PCL must secure a PCL Compliance Certificate:
(a) Importer and/or Distributor
(b) User and/or Manufacturers
(c) End-User
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Department of Environment and Natural Resources
Documentation requirements
What information is required in applications?
Company name, company address, contact person, contact number, chemical name, trade name, CAS number, volume and chemical use. Requirements are the following:
(a) Notarized Annual Report Form
(b) Safety Data Sheet (ISO or GHS format)
(c) Hazardous Waste Generators ID
(d) Environmental Compliance Certificate
(e) Discharge Permit
(f) Permit to Operate
(g) Summary of Importation (for importers)
(h) Chemical Management Plan
(i) Contingency/Emergency Plan
(j) List of users/customers (for importer/distributor)
(k) SMR
(l) Photo of storage facility
(m) Basic knowledge pose by the use and release of chemical
(n) Copy of Previous PCL (if applicable)
(o) Processing fee
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
The time allowed for submitting applications for PCL Compliance Certificate is one month prior to the importation or expiration of the permit.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Application is done online thus the applicant can apply any time of the day. However, processing days of application are counted based on working days of the EMB.
Issuing the license
Can a licence be granted immediately on request?
Submission of complete documentary requirements of an applicant may result for immediate approval of the PCL Compliance Certificate.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Yes, only a single administrative organ.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
The PCL Compliance Certificate has terms and conditions that an applicant must comply with.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
Payment of PHP 1000,00 per chemical, documentary stamp of PHP 30.00 and legal research fee of PHP 10.00.
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment accepted for applications.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Application for a PCL Compliance Certificate may be refused if the applicant does not submit the complete documentary requirements.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
The approved PCL Compliance Certificate is required for the actual importation of chemical or chemical substances.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Applicants can apply for PCL exemption if the chemicals are used solely as standard solutions or as reagents for laboratory analysis or if the chemicals are simply component ingredient(s) of other substances/products with threshold limit cut off of less than or equal to 1% concentration in (mixtures).
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The PCL Compliance Certificate is valid for one year from the date of issuance.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Not applicable.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Not applicable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.