Overview

This proclamation establishes a national legal framework for the registration, administration, and safe management of industrial chemicals in Ethiopia. It aims to prevent and control risks to human and animal health and the environment arising from the production, importation, exportation, transportation, storage, and use of industrial chemicals.

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Key words and phrases

Industrial Chemical, Registration, Administration, Certificate of Competence, Restricted chemicals, Prior Informed Consent Procedure, Rotterdam Convention, Stockholm Convention, Obsolete chemicals, Shelf-life, Ministry of Industry, Ministry of Environment, Forest and Climate Change

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Key Definitions

• Industrial Chemical: Chemicals used for industrial, educational, research, or training purposes, excluding pharmaceuticals, food additives, agricultural chemicals, chemical weapons, and radioactive materials.
• Competent Authority: Includes multiple government bodies (e.g., Ministry of Industry, Ministry of Health, Ministry of Environment, Customs Authority, etc.) responsible for implementing the proclamation.
• Obsolete Chemicals: Chemicals that are banned, expired, or deteriorated and cannot be used.
• Prior Informed Consent (PIC) Procedure: Based on the Rotterdam Convention for handling restricted or hazardous chemicals in international trade.

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Main Provisions

1. Registration and Certificate of Competence

• All industrial chemicals must be registered with the relevant authority.
• A Certificate of Competence is required for importing, exporting, transporting, or storing restricted chemicals (as per the Rotterdam Convention or Ministry directives).
• The Ministry of Industry maintains a national registry of all domestically produced and imported industrial chemicals.

2. Record Keeping and Reporting

• Producers, importers, exporters, distributors, and users must keep records of chemical types and quantities for at least five years.
• Annual reports must be submitted to the Ministry of Industry.
• Any loss of chemicals through theft or force must be reported within 48 hours.
• Expiry or deterioration must be reported one year in advance.

3. Importation, Packing, Labeling, Transport, and Storage

• Importation of chemicals with less than 18 months of shelf-life is prohibited, unless a special permit is granted.
• Labeling must include: registration number, name, quantity, use, manufacturing and expiry dates, chemical composition, and producer details.
• Transport must ensure:
  • Proper labeling,
  • Separation from passengers, animals, and food/drugs,
  • Use of vehicles with emergency equipment,
  • Safe loading/unloading.
• Storage facilities must be safely designed, include separate compartments for obsolete chemicals, and allow for regular inspection.

4. Monitoring and Collaboration

• The Ministry of Environment, Forest and Climate Change has overarching monitoring and regulatory authority.
• Competent authorities must collaborate to ensure chemicals are managed safely and all are properly registered.

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Penalties

Violations (e.g., unregistered trade, false information, lack of certificate, improper handling) are punishable by:

• Rigorous imprisonment of 2 to 5 years, and
• Fine of 100,000 to 500,000 Birr.

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Implementation

• The Council of Ministers may issue regulations, and the Ministry may issue directives for implementation.
• Any conflicting laws or practices are overridden by this proclamation.
• The proclamation took effect on April 5, 2018.

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This proclamation is a key piece of Ethiopia’s regulatory framework for industrial chemical safety, aligning with international conventions (Rotterdam and Stockholm) and supporting the country’s transition to an industrial economy while safeguarding public health and the environment.