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Vol. 136, No. 22 — June 1, 2002 Export of Substances Under the Rotterdam Convention RegulationsStatutory Authority Canadian Environmental Protection Act, 1999 Sponsoring Department Department of the Environment REGULATORY IMPACT ANALYSIS STATEMENT Description The proposed Regulations will permit Canada to implement the Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. The main purpose of the proposed Regulations is to ensure that chemicals and pesticides subject to the PIC procedure are not exported to parties to the Convention, unless the importing Party has provided its "prior informed consent" to the shipment. Canada has also undertaken to ensure that Canadian exporters respect any conditions imposed on the importation of these substances. Pursuant to subsection 102(1) of the Canadian Environmental Protection Act, 1999 (CEPA, 1999), the proposed Regulations will establish conditions that will apply to the export of substances on Schedule 3 to the Act (the Export Control List [the List]). The Export Control List, Schedule 3 of CEPA, 1999, consists of three parts. Part 1 of the List includes substances, such as Mirex, whose use is prohibited in Canada. These substances may only be exported under very limited circumstances (e.g. for destruction). Part 2 of the List includes substances for which notification and consent for export are required by an international agreement. Examples of these substances include DDT and Lindane. Part 3 of the List includes substances whose use is restricted in Canada by or under a federal Act of Parliament. Examples of these substances include ozone-depleting substances. Rotterdam Convention The Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade was adopted in September 1998. The Rotterdam Convention will come into force 90 days after fifty countries deposit instruments of ratification, acceptance, approval or accession. The PIC procedure replaces previous voluntary notification procedures that have been in place for a considerable period of time, and is widely supported by leading chemical industry associations, and a variety of non-governmental associations. The purpose of the PIC procedure is to provide an efficient method for the exchange of information, about a small number of "banned" or "severely restricted" chemicals and pesticides, and "acutely hazardous pesticide formulations," among parties to the Rotterdam Convention. The PIC procedure will be especially helpful to developing countries, whose assessment capabilities and regulatory regimes may not be as sophisticated as those of more industrialised nations. By sharing information about hazardous industrial chemicals and pesticides in international trade, PIC endeavours to help countries importing those substances to more fully understand and manage the risks associated with their use. Additions to the PIC List are triggered by national control actions. When the Convention Secretariat receives notification of control actions (ban or severe restrictions) from countries in at least two different PIC regions, the nomination of the substance is forwarded to a committee called the Chemical Review Committee for consideration. Canada is a member of this committee of experts. The Chemical Review Committee determines if the PIC criteria for listing a substance under the Convention have been met, and then recommends to the Conference of the Parties whether or not to add the substance to the PIC List (Annex III of the Convention). Once a substance is added to the PIC List, the Convention requires all participating countries, to advise the Secretariat whether or not they would accept imports of the newly listed substance, and the conditions under which they would accept any shipment. The Secretariat will communicate the responses of participating countries every six months by means of a circular and post this information on a Web site (http://www. pic.int/). Once a substance has been added to the PIC List, the parties to the Convention undertake to withhold permission for export, when the importing Party has not given its consent. If consent has been given, parties will require exporters to comply with any conditions that have been imposed. Parties to the Convention also undertake to inform importing parties of planned exports of chemicals or pesticides that have been banned or whose use is severely restricted by domestic legislation that are not yet on the PIC List, before the first shipment and annually thereafter. Export notification no longer has to be provided to the importing Party, once the substance has been listed under PIC, because the necessary information about consents or conditions will be available through the PIC circular or Web site. The Proposed Regulations Industrial chemicals are regulated under CEPA, 1999, and pesticides are regulated under the Pest Control Products Act (PCPA). However, the PCPA currently does not include the necessary authority to implement the Rotterdam Convention. Consequently, Environment Canada (EC) and Health Canada's Pest Management Regulatory Agency (PMRA) have agreed that the proposed Regulations would also apply to pesticides until the PCPA is amended to provide the necessary regulation-making authority. The proposed Regulations will apply to all substances listed on the Export Control List, Schedule 3 to CEPA, 1999. The Ministers of the Environment and Health will allow the export when the importing Party has provided its consent through the PIC procedure, or when the exporter has obtained written consent from the designated national authority of the importing Party. The export permit will incorporate any conditions included in the importing Party's consent. For the purpose of these Regulations, a Party is understood to mean any State or regional economic organization that has nominated a designated national authority and has the intention of implementing the PIC procedure. When a Party to the Convention has failed to transmit its consent or refusal to the importation of a substance, the Ministers will not issue an export permit until eighteen months after being notified by the Secretariat that a Party has failed to transmit a response. Where a Party indicates that it does not want to import a PIC substance, the Ministers will prohibit the export of the substance by refusing to issue the export permit. Under the proposed Export of Substances Under the Rotterdam Convention Regulations, exporters will be required to obtain a permit each year, for each substance or mixture and country of destination. These Regulations also specify the information that must accompany each shipment, and the records that the exporter must keep. The exporter must undertake to carry insurance to defray the cost of an accidental spill and environmental cleanup, and to promise to take back the shipment when conditions of the permit have been violated or have expired. Alternatives Two alternatives were considered: (1) a permit-based system and (2) an information-based system. Under a permit-based system, the designated national authorities, either EC or the PMRA, would be responsible for notifying their national counterparts of proposed exports, and for ensuring compliance with the importing parties' decisions contained in the PIC circular. An information-based system would call for EC and PMRA to make exporters aware of the requirements of the PIC procedure. Exporters would be responsible for reviewing the PIC circular themselves, and demonstrating that they have the required consent and will comply with any conditions of the designated national authority of the importing Party. A permit system was chosen because it would be more effective than voluntary compliance as a means of ensuring that Canada meets its international legal obligations under the Convention, and that a Party to the Convention does not receive a shipment without prior notice or its consent. A permit-based system is also easier to enforce because an exporter's compliance can be verified when inspecting a shipment by checking conditions outlined in the accompanying permit. It is also an authoritative way to collect, verify, and exchange information about these substances with other governments, and to ensure that the importing nation is aware of the associated environmental and health hazards. If the reporting system was administered by the companies themselves, it would be more difficult for the federal government to verify their compliance. A self-administered system would also place an additional administrative burden (costs and delays) on companies trying to comply with the PIC procedure. Moreover the Convention requires Party-to-Party notification once a year of proposed exports of substances that have been subject to domestic regulatory action banning or severely restricting their use. Other countries are adopting a similar approach to implementing the Convention. The proposed permit system will help the federal government to implement the Convention without unduly increasing either its own administrative and enforcement costs or the exporters' costs of doing business. Benefits and Costs The exchange of scientific and technical data with other parties to the Rotterdam Convention will facilitate the safe management and shipment of hazardous industrial chemicals and pesticides. It is especially important to transfer this knowledge to developing nations, that are more likely to be adversely impacted by the trade in banned and restricted chemicals and pesticides, so that they may more readily be able to assess and manage these substances. By pooling Canada's information and experience with other nations, the overall costs of assessing and managing the risks associated with the use of these substances may be somewhat reduced. The import restrictions on PIC substances listed in Schedule 1 to the Regulations apply only to their intended use. For example, if a substance were listed because of its use as a pesticide, then it would not require a permit when exported for industrial use. Very few of the industrial chemicals listed on the Export Control List are currently in commercial use. Most of the export permits are likely to be issued for the recycling or reuse of ozone-depleting substances. Some of the substances may be used as fuel additives. However, according to the refineries contacted, these substances are either no longer used or used in concentrations under 0.1 percent by weight and therefore may be exempt from the application of the Regulations. Many of the substances currently listed on the Export Control List of CEPA, 1999 could be used as pesticides. None of the active ingredients used in pesticides in Part 2 of the List are formulated in Canada, and only three are presently registered in Canada. The registration of one of these active ingredients will be phased out by 2003. Registration of the other two active ingredients is being renewed on a year-by-year basis, pending their assessment under the PMRA Re-evaluation Program. Only one of the eight substances on Part 3 of the Export Control List that can be used as a pesticide is registered in Canada. Use of this product was severely restricted in 1977 and further restrictions were imposed in 1992. Therefore the impact of the proposed Regulations on the pesticide industry in Canada is expected to be minimal to non-existent. Under the proposed Regulations, separate annual permits must be obtained for each substance or mixture and destination. EC and PMRA should process most of these requests within a week of receipt, and anticipate a delay of no more than 30 days. A prudent exporter could also apply for a permit well in advance of the anticipated shipment date in order to avoid any delay altogether. Most exporters would normally provide almost all the information required by the Regulations to importers in the course of doing business. These information requirements are unlikely to add materially to the cost of doing business. The requirements that exporters should have insurance and provide an undertaking that they will take back shipments if they have not met the conditions of export are consistent with other regulatory requirements such as the Export and Import of Hazardous Waste Regulations, and are necessary to protect the Crown. Most exporters already have this type of insurance. Therefore, these undertakings should also not be considered additional costs of doing business. Having reviewed the steps involved in preparing a permit application with several industry representatives, we have assigned a direct cost to industry of $225 to prepare each application. Given the size of the current Export Control List and the need for annual permit renewals, anywhere from 15 to 25 permits could be issued each year. Using 20 permit applications as a basic annual workload and assigning a direct cost to industry of $225 for each application, the total cost of compliance for industry over ten years in current dollars (using a discount rate (see footnote 1) of 10 percent) would be just over $24,000. Depending upon the volume of applications (from 15 to 25 applications a year), the total costs to industry over a ten-year period could range from $22,800 to $38,000 in current dollars. If a lower discount rate of 5 percent is used to estimate industry costs of compliance, over a ten-year period the total costs to industry could range from $27,360 to $45,600. The Export Control List is expected to grow slowly over the next ten years. If the number of requests for permits were to be double our worst case scenario (applications for 50 permits), the direct costs to industry over the next ten years could range from $76,000 to $91,200 in current dollars depending on what discount rate is used. This possibility is not considered to be very likely. Additional annual enforcement costs, estimated to be $35,200, will be incurred after the Regulations come into force. This estimate includes 0.3 full-time equivalents (FTEs), $21,600 in salaries, wages and benefits, and $13,600 in operating and maintenance costs. A one-time amount of $50,000 will be required for training. Few of the PIC substances currently on the Export Control List remain in Canadian commerce. Over time, the PIC procedure may add more substances that are still manufactured in Canada. As a result, the relative costs of enforcing the Regulations are expected to increase over time. Over the next ten years, the total cost to the federal government of implementing these Regulations could range from $470,000 to $700,000 (in current dollars). These costs include the costs of administering the Regulations, such as processing permit applications, and costs of enforcement. Consultation Extensive consultations have taken place between EC and the PMRA during the drafting of these Regulations. EC also consulted other government departments. An earlier draft of these Regulations was circulated for comment to all the provincial and territorial governmental authorities responsible for industrial chemicals and pesticides. It was also sent out for comment to 23 industry associations (including all 74 members of the Canadian Chemical Producers Association), 12 non-governmental associations, and 6 research institutes and professional groups. Written comments were received from only two associations seeking clarification of how the proposed Regulations were going to be administered. The Regulations were finalised with the input of these stakeholders. The primary concern expressed was about the use of a permit to implement the proposed Regulations. The stakeholders thought that a permit should not be required for the export of substances on Part 3 of the Export Control List. Even though Part 3 substances have not yet been included in the PIC list, their use has been restricted domestically. Canada is required by the Convention to notify other parties to the Convention of proposed exports of these substances. EC and PMRA need to be informed of pending exports from Canadian companies to be able to notify the importing country, as required by the Convention, and to be able to attach export conditions requiring the exporter to provide the information specified in the Convention to the importer. If a different method were used to implement this section of these Regulations, they would be much more complex to administer. It would also be more difficult for Canada to meet its international obligations when the Convention enters into force. One chemical manufacturer that exports a considerable volume of a PIC substance for industrial purposes was also concerned about the permit requirements. Because that substance has been listed under PIC only for its use as a pesticide, they will not need to obtain a permit. Compliance and Enforcement EC and PMRA, which are the designated national authorities for PIC, will directly inform known affected parties, such as exporters and industry associations, of the provisions of these Regulations. These Regulations will also be published in the CEPA Environmental Registry at http://www.ec.gc.ca/ CEPARegistry/default.cfm. Discussions have been initiated between PMRA and EC to examine the possibility of sharing responsibility for the compliance and enforcement of these Regulations. The designated national authorities will verify compliance with these Regulations through the administrative review of permit applications. The Compliance and Enforcement Policy of the CEPA, 1999 describes a range of possible responses to violations: warnings, directions, environmental protection compliance orders given by enforcement officers, ticketing, ministerial orders, injunctions, prosecution, and environmental protection alternative measures (which are an alternative to a court trial after the laying of charges for a CEPA, 1999 offence). In addition, the policy explains when the Government of Canada will resort to civil suits by the Crown for cost recovery. When, following an inspection, investigation or following the report of a suspected violation, an enforcement officer confirms that a violation has been committed, the enforcement officer will select the appropriate response, based on the following criteria: 1. Nature of the alleged violation: This includes consideration of the damage, the intent of the alleged violator, whether it is a repeat violation, and whether an attempt has been made to conceal information or otherwise subvert the objectives and requirements of the Act. 2. Effectiveness in achieving the desired result with the alleged violator: The desired result is compliance within the shortest possible time and with no further repetition of the violation. Factors to be considered include the violator's history of compliance with the Act, willingness to co-operate with enforcement officials, and evidence of corrective action already taken. 3. Consistency: Enforcement officers will consider how similar situations have been handled when determining the measures to be taken to enforce the Act. Contacts Bernard Madé, Chemicals Control Division, National Office of Pollution Prevention, Environment Canada, 351 Saint-Joseph Boulevard, 12th Floor, Hull, Quebec K1A 0H3, (819) 994-3648 (Telephone), (819) 994-0007 (Facsimile), Bernard.Made@EC. GC.CA (Electronic mail); Geraldine Graham, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, 2720 Riverside Drive, Address Locator 6607D, Ottawa, Ontario K1A 0K9, (613) 736-3692 (Telephone), (613) 736-3659 (Facsimile), Geraldine_Graham@HC-SC.GC.CA (Electronic mail); and Arthur Sheffield, Regulatory and Economic Analysis Branch, Policy and Communications, Environment Canada, 10 Wellington Street, 24th Floor, Hull, Quebec K1A 0H3, (819) 953-1172 (Telephone), (819) 997-2769 (Facsimile), Arthur.Sheffield@EC.GC.CA (Electronic mail). PROPOSED REGULATORY TEXT Notice is hereby given, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999 (see footnote a) , that the Governor in Council proposes, pursuant to subsection 102(1) of that Act, to make the annexed Export of Substances Under the Rotterdam Convention Regulations. Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of the Canadian Environmental Protection Act, 1999 (see footnote b) and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Executive Director, National Office of Pollution Prevention, Environmental Protection Service, Department of the Environment, Ottawa, Ontario K1A 0H3. A person who provides information to the Minister of the Environment may submit with the information a request for confidentiality under section 313 of that Act. Ottawa, May 30, 2002
EILEEN BOYD
EXPORT OF SUBSTANCES UNDER THE ROTTERDAM CONVENTION REGULATIONS INTERPRETATION 1. The following definitions apply in these Regulations. "Act" means the Canadian Environmental Protection Act, 1999. (Loi) "CAS registry number" means the identification number assigned to a chemical substance by the Chemical Abstracts Service Division of the American Chemical Society. (numéro d'enregistrement CAS) "designated national authority" means an authority designated by a Party to act on its behalf for the administration of the Rotterdam Convention. (autorité nationale désignée) "Export Control List" means the Export Control List in Schedule 3 to the Act. (Liste des substances d'exportation contrôlée) "exporter" means a person who exports or intends to export from Canada a substance on the Export Control List. (exportateur) "Minister" means the Minister of the Environment unless the substance to be exported is a pesticide, in which case "Minister" means the Minister of Health. (ministre) "Party" means a state or regional economic integration organization that is included on the list of designated national authorities maintained by the Secretariat. (Partie) "pesticide" means a control product as defined in section 2 of the Pest Control Products Act. (produit antiparasitaire) "PIC Circular" means the circular that is published by the Secretariat and that contains a compilation of import decisions from Parties, as amended from time to time. (Circulaire PIC) "Rotterdam Convention" means the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, as amended from time to time. (Convention de Rotterdam) "Secretariat" means the Secretariat for the Rotterdam Convention including the Interim Secretariat. (Secrétariat) "shipping document" means a document that relates to the export of a substance and contains information on its handling, offer for transport or transport and that describes the substance or contains information relating to it. (document d'expédition) APPLICATION 2. (1) Subject to subsection 2, these Regulations apply to the export to a Party of any substance that is listed on the Export Control List. (2) These Regulations do not apply if the substance
(b) is, or is contained in, a hazardous waste regulated by the Export and Import of Hazardous Wastes Regulations; (c) is, or is contained in, a controlled substance as defined in the Controlled Drugs and Substances Act; (d) is, or is contained in, a nuclear substance as defined in section 2 of the Nuclear Safety and Control Act; (e) is, or is contained in, a Chemical Weapon as defined by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, signed at Paris, France on January 13, 1993, as amended from time to time; (f) is, or is contained in, a food or drug as defined in section 2 of the Food and Drugs Act or a food additive as defined in Part B of the Food and Drug Regulations; (g) is contained in a mixture at a concentration of less than 0.1% by weight; or (h) is exported by or to an individual for their personal use. EXPORT CONDITIONS 3. (1) No exporter shall export a substance that is specified in the Export Control List to a Party unless that exporter
(b) has been issued an export permit under sections 7, 8 or 9; (c) follows the conditions of export that are specified in the export permit; (d) has liability insurance coverage in an amount of not less than $5,000,000 for every shipment of a substance in respect of
(ii) any costs imposed by the applicable laws on the exporter for cleaning up the environment that result from the substance being released into the environment during export; (f) labels all containers in which the substance is exported in accordance with section 16.
(b) a substance specified in Part 2 of the Export Control List if the substance is for a use that is not specified in column 3 of Schedule 1 to these Regulations. APPLICATION FOR AN EXPORT PERMIT 4. An application for an export permit shall be made to the Minister and shall include the information specified in Schedule 2 and a written statement signed by the exporter certifying that the information provided is complete and accurate. 5. Each application for an export permit may only be made in respect of one substance specified in the Export Control List, or a mixture that contains it, and one Party of destination. 6. An exporter shall include in an application for an export permit referred to in subsection 7(1) or 8(1), a written undertaking that is signed by the exporter as specified in Schedule 3. ISSUANCE OF EXPORT PERMITS Substances in Part 1 of the Export Control List 7. (1) Subject to subsection 2 and section 10, on receipt of an application that complies with sections 4 to 6, the Minister shall issue an export permit for the export of a substance specified in Part 1 of the Export Control List only if the export is for the purpose of destroying the substance. (2) If the application for an export permit under subsection (1) is for the export of a substance for which the CAS registry number is specified in column 2 of Schedule 1 that is for a use specified in column 3, the Minister shall issue the export permit only if
(b) 18 months have elapsed since the month in which the Secretariat first informed the Parties through the PIC Circular that the Party of destination has failed to transmit a response to the Secretariat regarding its consent or refusal to the importation of the substance; or (c) the exporter has provided the Minister with a written consent to the importation of the substance from the designated national authority of the Party of destination. Substances in Part 2 of the Export Control List 8. (1) Subject to section 10, on receipt of an application that complies with sections 4 to 6, the Minister shall issue an export permit for the export of a substance specified in Part 2 of the Export Control List for which the CAS Registry number is specified in column 2 of Schedule 1 of these regulations, if the substance is for a use specified in column 3 and if
(b) 18 months have elapsed since the month in which the Secretariat first informed the Parties through the PIC Circular that the Party of destination has failed to transmit a response to the Secretariat regarding its consent or refusal to the importation of the substance; or (c) the exporter has provided the Minister with a written consent to the importation of the substance from the designated national authority of the Party of destination. (2) An export permit issued under subsection (1) shall specify the conditions of import that are imposed by a Party of destination as specified in the PIC Circular, or as may be specified by a designated national authority's written consent under paragraph (1)(c). Substances in Part 3 of the Expor Control List 9. Subject to section 10, on receipt of an application that complies with sections 4 and 5, the Minister shall issue an export permit for the export of a substance specified in Part 3 of the Export Control List. REFUSAL, CANCELLATION, AMENDMENT, SUSPENSION AND EXPIRATION OF EXPORT PERMITS 10. The Minister shall refuse to issue an export permit if
(b) the export contravenes the Act or any regulations made under the Act or other measure taken under the Act; or (c) the exporter provided false or misleading information in the application for the export permit. 11. (1) The Minister shall cancel an export permit if the Secretariat advises the Parties through the PIC Circular that the Party of destination has revoked its consent to the importation of the substance for which the permit was issued and the cancellation shall be effective six months after the day that the Secretariat has advised the Parties of that revocation. (2) Subject to section 12, the Minister shall amend an export permit in accordance with any modified conditions of import of the substance for which the permit was issued that the Party of destination has imposed if the Secretariat has advised the Parties of the amendment through the PIC Circular, and the amendment shall be effective six months after the day that the Secretariat has advised the Parties of that amendment. 12. The Minister shall cancel an export permit if
(b) the export contravenes the Act or any regulations made under the Act or other measure taken under the Act that comes into force after the issuance of the export permit; (c) the exporter failed to comply with any condition of export that is specified in the export permit under subsection 7(3) or 8(2); (d) the exporter failed to comply with the written undertaking provided by the exporter under section 6; or (e) the exporter provided false or misleading information in the application for the export permit.
(b) in the case of a cancellation under section 12, the exporter has been given 15 days after the notice was sent to make written representations showing cause why the export permit should not be cancelled. (2) In the case of a cancellation under section 12, the Minister shall suspend the export permit by written notice of suspension to the exporter for a period beginning on the day on which the written notice of the proposed cancellation is received by the exporter and ending on the day on which the Minister makes a decision respecting the proposed cancellation. (3) The notice referred to in subsection (2) is deemed to have been received by the exporter, if it is
(b) sent by mail, on the tenth day after the day on which the notice was mailed; or (c) sent by facsimile or other electronic means, on the date indicated on the sending apparatus. 14. An export permit expires at the end of the calendar year for which it is issued. EXPORT DOCUMENTS 15. Except in the case of an export under subsection 3(2), an exporter shall include with each shipment of a substance
(b) a safety data sheet that contains
(ii) in the case of a substance that is a pesticide, the information referred to in subparagraph (i) or equivalent information. 16. An exporter shall affix to any container in which a substance is exported a label that includes the following information:
(b) any hazard to human health or the environment that may arise from the nature of the substance, or mixture that contains it; and (c) any precautionary measures to be followed when handling, or using or being exposed to the substance, or mixture that contains it, and where appropriate, first aid measures to be taken in case of exposure. 17. An exporter shall maintain at the exporter's principal place of business in Canada, for a period of five years after the end of the calendar year for which the export permit is issued,
(b) a copy of the written undertaking required by section 6; (c) any written consent to the importation under paragraph 7(2)(c) or 8(1)(c); (d) any written reasons for the amendment or cancellation of an export permit provided by the Minister under paragraph 13(1)(a) and any written representations made to the Minister by the exporter pertaining to an amendment or cancellation; (e) proof of liability insurance coverage for each shipment of a substance as required by paragraph 3(1)(d); (f) for each shipment, a copy of the safety data sheet referred to in paragraph 15(b) and the label referred in section 16; and (g) any shipping documents or any other documents that substantiate the date of the shipment and the exact quantity of each export of the substance that was exported. COMING INTO FORCE 18. These Regulations come into force on the day on which they are registered. SCHEDULE 1 USES FOR WHICH AN EXPORT PERMIT IS REQUIRED
SCHEDULE 2 INFORMATION REQUIRED IN AN EXPORT PERMIT APPLICATION 1. The name, address, mailing address and telephone number as well as the facsimile number or electronic mail address of the exporter 2. The name, address, mailing address and telephone number as well as the facsimile number or electronic mail address of the importer in the country of destination 3. For the calendar year for which the export permit is issued, the expected dates and quantities of each shipment of the substance during the year and the expected total quantity that the exporter will export in that year 4. In the case of a mixture that contains a substance listed on the Export Control List, the quantity and concentration of that substance in the mixture 5. The name of the substance as it appears on the Export Control List and, if known, the common name and trade name, and the CAS registry number of the substance, if the number is specified on the Export Control List, the commodity code of the substance that is obtained from the Harmonized Commodity Description and Coding System and the name of the mixture, if known 6. If known, the name of the manufacturer of the substance and lot number of the substance, and the name of all persons who owned or had charge, management or control of the substance at any time during the period between the date of production and the date of export 7. The use of the substance, namely, industrial or pesticide 8. A current safety data sheet referred to in paragraph 15(b) 9. The port of exit of the substance 10. The name of the countries through which the substance will transit before arriving at its final destination 11. The name, address and telephone number of the person providing the information specified in items 1 to 10 SCHEDULE 3 UNDERTAKING Name of Exporter: Name of Substance: Name of Party of Destination: Expected Dates of Shipments: IN CONSIDERATION OF an export permit being issued to the exporter for the export of the substance named above pursuant to the Export of Substances Under the Rotterdam Convention Regulations; THE EXPORTER UNDERTAKES to be responsible for the removal of the substance from the Party of destination, including the transportation, care, control and storage of the substance, and any related costs if the exporter exports (a) the substance to the Party in contravention of any conditions of export that are imposed by that Party and that are described on the export permit; or (b) the substance to a Party after an export permit has expired or has been cancelled. Date: _______________________ Signature: _______________________________ (Exporter's signature or, in the case of a corporation, partnership or other entity, the name, title and signature of an authorized officer) [22-1-o] Money has a time value. Discount rates were applied to cost data so that future expenditures could be expressed in current dollar terms. A range of values from 5 percent to 10 percent was applied to the project expenditures to assess the sensitivity of t S.C. 1999, c. 33 S.C. 1999, c. 33 |
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