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Ecuador has issued a far-reaching new environmental regulation that establishes a new institutional framework for environmental protection. Published on 12 June 2019, Executive Decree No. 752, Regulation to the Organic Code of the Environment also lays down rules for the integral management of chemical products.
Verisk 3E Analysis
The regulation details the implementing rules for the provisions defined in Ecuador’s Organic Environmental Code. Its application is mandatory for all entities, agencies and departments of the central and autonomous decentralized public sector, natural and legal persons, municipalities, communities and indigenous people and groups who are based permanently or temporarily in the national territory.
The regulation comprises an introduction and five "books" or sections as follows:
- Institutional framework
- Natural resources
- Environmental quality including chemical substance management
- Climate change
- Coastal marine zones
Book 3, Title VI is dedicated to the integral management of chemical products. It regulates the management of pure chemicals, mixtures of chemicals and chemicals contained in products or materials during their various phases of processing. This is a new effort by Ecuador to create a chemical management system.
Chapter I of Title VI covers the management of chemicals through the phases of supply (import, manufacturing or production), storage, transport, use and export. Chapter I, Article 522 establishes that the "National Environmental Authority will establish the national inventory of chemical substances in coordination with other relevant authorities." Article 526 states that in case of technical certainty and/or scientific knowledge that a chemical adversely affects the environment, the National Environmental Authority will restrict or prohibit its import, development, production, transfer, possession, use, transportation, storage and export in coordination with entities with competence in the matter.
Similarly, Chapter II, Article 527 establishes the Registry of Chemical Substances that will apply to all the management phases including supply (import, manufacturing or production), storage, transport, use, and export. According to Article 531, parties who handle chemical products must consider the guidelines included in the Safety Data Sheet (SDS). This data sheet must be in Spanish and must be available for all phases of management of chemical substances. Currently, Ecuador does not have a chemical substance registration requirement.
Additionally, suppliers of chemical products must label in Spanish pure substances, mixtures or products that contain chemicals as well as distribute the SDS with the information provided by the importer, according to the guidelines established in the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) or the applicable national and international regulations.
Business Impact
As of 12 June 2019, individuals and entities involved in the different phases of the management of chemical products in Ecuador must be aware of the new Organic Code of the Environment. Affected parties should also follow 3E Monitor™ for news of future implementation actions to be taken by the Ecuadorian government.
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