(2022-08-26-ны өдрийн орчуулгын хяналт)                                   Unofficial translation

LAW OF MONGOLIA

May 25, 2006              Ulaanbaatar city

ON TOXIC AND HAZARDOUS CHEMICALS

CHAPTER ONE

General provisions

Article 1.Purpose of this Law

1.1.The purpose of this Law is to regulate relations concerning the export, import, and transportation of toxic and hazardous chemicals across the borders of Mongolia, and their production, storage, sale, transport, use, and destruction, and control on thereof.

Article 2.Legislation

2.1.The legislation on toxic and hazardous chemicals comprises of the Constitution of Mongolia, Law on Environmental Protection, Law on Permits, Law on Environmental Impact Assessment, Law on Restrictions of import, cross-border transportation and export of hazardous waste, Law on Household and Industrial Waste, Law on Control upon explosive substances and explosive device turnover, Law on protection against emergency, this Law, and other legislative acts issued in conformity with them.

/This paragraph was amended to the law as of June 17, 2022/

2.2.The relations pertaining to medicine having narcotic effect and affecting mentality, as well as chemicals of radioactive and food purposes are to be regulated by special law.

2.3.If an international treaty to which Mongolia is a party stipulated otherwise than this law, then provisions of international treaty shall prevail.

Article 3.Definitions of legal terms

3.1.The terms used in this law shall be understood as follows:

3.1.1."Toxic chemicals" mean chemicals and their compositions having hazardous effect on human health, environment, livestock and wild life, consequently resulting in death or extinction;

3.1.2."Hazardous chemicals" mean chemicals and their compositions of explosive, flammable, caustic, oxidant, corrosive and agitated nature;

3.1.3."Prohibited chemicals" mean toxic, hazardous chemicals and their compositions that are prohibited to use in the territory of Mongolia;

3.1.4."Chemicals with restrictive use" mean toxic, hazardous chemicals and their compositions that are allowed to use according to prescribed purpose, amount and technology under certain control and only at specially permitted places;

3.1.5."Pesticides" mean chemicals and their compositions purported to prevent livestock, animals and plants from diseases and protect against harmful insects, rodents and weed;

3.1.6."Toxic and hazardous chemicals' waste" mean toxic and hazardous chemicals that are prohibited in use pursuant to international treaties, or the toxic and hazardous substances which are expired or do not comply with the quality standards, or that became unclear in terms of title and consumption period, or their residue and their cases and packages;

3.1.7."Destruction of toxic and hazardous chemicals" mean removal of toxic, hazardous chemicals and their waste by detoxification and neutralization;

3.1.8."Risk assessment" means investigation, assessment and prevention of potential negative effects of toxic and hazardous chemicals and their compositions shown on human health, environment, livestock and animals in the course of treatment with thereof, and determination of measures regarding their minimization;

3.1.9."Admissible level" means the highest content of toxic and hazardous chemicals that does not cause negative impact on human health and environment.

Article 4.Classification of toxic and hazardous chemicals

4.1.The chemicals are classified as follows according to the characteristics and impact shown on human health, environment, animals and wildlife:

4.1.1.toxic; and,

4.1.2.hazardous.

4.2.The Government members in charge of environmental and health issues shall jointly approve the classification of toxic and hazardous chemicals.

/The above Article 4 was revised by the law of January 3, 2008/

Article 5.Permissions for toxic and hazardous chemicals related activities

5.1.The permission to carry out the activities on export, import, trans-border transportation, production, sale, use and destruction of toxic and hazardous chemicals other than explosives shall be issued in compliance with the Law on Permits.

/This paragraph was amended by the law of January 3, 2008/

/This paragraph was amended by the law of January 30, 2020/

/This paragraph was amended to the law as of June 17, 2022/

Article 6.Coordination of Activities Involving Toxic and Hazardous Chemicals

6.1.The State Central Administrative Body in charge of environmental issues shall exercise the following powers in respect of coordination of activities related to toxic and hazardous chemicals, and ensuring implementation of legislation:

6.1.1.to adopt procedures for exportation, importation, trans-border transportation, manufacturing and sales of toxic and hazardous chemicals in cooperation with the state central administrative body in charge of manufacturing and trade issues;

6.1.2.to adopt procedures for storage, transportation, usage and destruction of toxic and hazardous chemicals in cooperation with the state central administrative body in charge of health issues and state administrative body in charge of emergency management;

6.1.3.to renew and adopt annually list of pesticide, chemical fertilizer, household vermin, list of rodent destruction, disinfection and clearing substances to be usable, and their usage amount in cooperation with the state central administrative bodies in charge of food, agriculture and health issues;

6.1.4.to adopt procedures for testing and usage of substances stated in 6.1.3 of this law in cooperation with the state central administrative bodies in charge of food, agriculture and health issues;

6.1.5.to adopt procedures for conducting risk assessment of toxic and hazardous chemicals in cooperation with the state central administrative body in charge of health issues and state administrative body in charge of emergency management;

6.1.6.to act appropriately to validate and renew the list of toxic and hazardous chemicals prohibited or restricted to use in Mongolia, and to submit it to the international organization;

6.1.7.to aggregate data and reports on activities of export, import, trans-border transportation, and production, storage, trade, transportation, usage and destruction of toxic and hazardous chemicals, and form an integrated database;

6.1.8.to issue annual reports on activities concerning the use of toxic and hazardous chemicals;

6.1.9.to provide undertakings related to the use of toxic and hazardous chemicals with professional and methodological guidance, and issue necessary recommendations;

6.1.10.to exchange with international organizations the data on toxic and hazardous chemicals, and provide the citizens with information on physical, chemical and hazardous characteristics thereof, measures to take in case of accidents, destruction methods the particular chemical, its composition and residue, as well as transportation methods;

6.1.11.to exercise powers within its powers on implementation of international treaties on toxic and hazardous chemicals to which Mongolia is party;

6.1.12.to submit particular proposals to Government with respect to requesting assistance from international organizations on elimination of harmful impacts caused to the national security, human health, environment, livestock and animals by toxic and hazardous chemicals;

6.1.13.to issue a permission for importation and sales of toxic and hazardous chemicals having potential effect of hazard to environment.

/This sub-paragraph was added by the law of January 3, 2008/

6.2.The non-vacant National Council authorized to provide advice and conclusions on policy and coordination of toxic and hazardous chemicals shall operate under supervision of the Prime Minister, and subsidiary councils operate next to the respective state central administrative bodies and aimag or capital city governors, and the Government shall approve the rules and composition of the National council.

6.3.The state central administrative body in charge of defense issues shall be liable for activities related to toxic and hazardous chemicals for military purposes, and it shall submit the report and information concerning these activities to the state central administrative body in charge of environmental issues.

6.4.The Government shall approve the list of restricted and prohibited chemicals stated in Article 6.1.6 of this law.

6.5.The state central administrative body in charge of environmental issues shall approve jointly the procedures on registration, collection, transportation, storage, destruction, import, export, and trans-border transportation of toxic and hazardous chemicals listed in Article 6.4 of this law in cooperation with the state central administrative body in charge of health issues.

/This paragraph was added by the law of October 6, 2011/

6.6.The state central administrative body in charge of environmental issues shall approve jointly the industries in which the substances listed in Article 6.4 of this law can be used and cannot be used as well as usage amount in cooperation with the state central administrative body in charge of health issues.

/This paragraph was added by the law of October 6, 2011/

Article 7.Integrated Database

7.1.The integrated database mentioned in Article 6.1.7 of this law shall comprise of international database of toxic and hazardous chemicals and integrated national database completed consistent to thereof.

7.2.The state central administrative bodies in charge of health, food, agriculture, production, trade, state borders and customs and other related organizations shall have databases of corresponding toxic and hazardous chemicals, which are consistent to the database stated in Article 7.1 of this law and connected with it by network connection.

7.3.Citizens, business entities and organizations shall have free access to information stated in Article 6.1.10 of this law from the database stated in Article 7.2 of this law.

CHAPTER TWO

BASIC REQUIREMENTS ON COORDINATION OF ACTIVITIES RELATED TO TOXIC AND HAZARDOUS CHEMICALS

Article 8.Basic requirements on protection from toxic and hazardous chemicals

8.1.Individuals, business entities and organizations shall recover by own expenses the measures on preventing from and eliminating dangerous impact of toxic and hazardous chemicals caused to human health, environment, domestic animals and wildlife during export, import, trans-border transportation and production, storage, trade, transportation, use and destruction of toxic and hazardous chemicals.

8.2.Individuals, business entities and organizations engaged in activities mentioned in Article 8.1 of this law shall comply with respective legislation, safety regulations and technological procedures.

8.3.It shall be prohibited to export, import, and transport across state borders, produce, store, sell, purchase, transport, use and transfer to others the toxic and hazardous chemicals and their composition for the purposes of chemical weapon and sabotage acts.

Article 9.Requirements on export, import, trans-border transportation and production of toxic and hazardous chemicals

9.1.In accordance with Article 5.1 of this law, the following information shall be presented in order to get permission to export, import, produce and use toxic and hazardous chemicals:

9.1.1.name and formulae of the substance;

9.1.2.commercial and technical term of the substance;

9.1.3.number of international registration (CAS number);

9.1.4.premises, purpose, period and amount of use;

9.1.5.physical, chemical and hazardous characteristics;

9.1.6.measures in case of potential accidental and risky situations;

9.1.7.premises description of operation;

9.1.8.destruction methodology and transportation method of a particular chemical, its components and waste.

9.2.The procedures approved in compliance with Article 6.1.1 of this law shall be followed when exporting, importing, trans-border transporting and producing of toxic and hazardous chemicals.

Article 10.Requirements on storage of toxic and hazardous chemicals

10.1.The Governor of the appropriate level shall determine the store premises for toxic and hazardous chemicals based on the respective professional organization conclusion.

10.2.Toxic and hazardous chemicals shall be stored with respect to their specific characteristics in the appropriate special storehouses under the procedures adopted in compliance with Article 6.1.2 of this law.

10.3.Containers, boxes and packages of toxic and hazardous chemicals shall contain the designation of the given substance, warning sign, labels of the hazard of chemicals written in bold capitals.

10.4.In the event of loss of toxic and hazardous chemicals, individuals, business entities, and organizations that own thereof, shall inform the police, intelligence agency and respective organizations within 24 hours and are obliged to provide comprehensive assistance with investigation process.

Article 11.Requirements on selling of toxic and hazardous chemicals

11.1.When selling toxic and hazardous chemicals, the individuals, business entities and organizations who own a special license shall provide 2 certified copies of documents that indicate the name and address of the purchasing person, designation, type, amount and purpose of the substance, and give one copy to the purchaser and keep the remaining copy with oneself.

11.2.Toxic and hazardous chemicals shall be conveyed through special points in compliance with the procedures adopted in compliance with Article 6.1.1 of this law and sold separately from food and other types of products.

Article 12.Requirements for transportation of toxic and hazardous chemicals

12.1.Toxic and hazardous chemicals shall be transported in compliance with the procedures adopted in accordance with Article 6.1.2 of this law by transport means that comply with the technical and safety requirements, and attention on hazard characteristics and safety-warning sign shall be applied to those transport means.

12.2.After transportation of toxic and hazardous chemicals, the transport means used shall be disinfected and rendered non-toxic.

12.3.It shall be prohibited to transport toxic and hazardous chemicals together with people, animals, goods and products.

12.4.It shall be prohibited to send toxic and hazardous chemicals via post service, transport in public transportation vehicles and pack animals.

Article 13.Basic requirements on the use of toxic and hazardous chemicals

13.1.Activities related to the use of toxic and hazardous chemicals shall be carried out in premises and places that fully comply with occupational protection and safety conditions and requirements.

13.2.It shall be prohibited to exceed the admissible level set by authorized organization for the given work premises and environment during the utilization process of toxic and hazardous chemicals.

13.3.Business entities and organizations that use toxic and hazardous chemicals shall develop its own safety rules and adhere to them upon approval by local inspectors for the environment and hygiene.

13.4.Persons with proper professional knowledge and experience who is older than 18 years are allowed to work with toxic and hazardous chemicals.

13.5.It is prohibited to employ pregnant women and breading mothers for the positions related to toxic and hazardous chemicals.

13.6.Business entities and organizations shall organize the training on safety work, prevention from potential accidents and risks, and on providing the first aid assistance for the personnel engaged in operations with toxic and hazardous chemicals on their own expense.

13.7.Individuals, business entities and organizations shall keep record of the utilization and consumption of toxic and hazardous chemicals used for industrial purposes, and submit the reports to soum and district governors within 15th November of every year, and to the state central administrative body within the end of January of the next year.

13.8.It is prohibited to use toxic and hazardous chemicals with unclear designation, characteristics, and usage instructions, in the case if the professional authority did not provide sufficient conclusion.

13.9.Individuals, businesses and organizations shall comply with procedures adopted with respect to Article 6.1.2 of this law when using the toxic and hazardous chemicals.

Article 14.Basic requirements for destroying of toxic and hazardous chemicals

14.1.The waste of toxic and hazardous chemicals shall be destroyed in accordance with Law on Waste.

/This paragraph was revised by the law of May 12, 2017/

14.2.The commission stated in the provisions of the Article 14.1 of this law shall sign the act on destroying of toxic and hazardous chemicals and deliver it to the soum, or district governor.

/This paragraph was repealed by the law of May 12, 2017/

Article 15.Transportation of toxic and hazardous chemicals across state borders

15.1.Customs inspection office shall control the passage of toxic and hazardous chemicals across state borders.

/This paragraph was amended by the law of November 12, 2021/

15.2.Customs inspection office shall register toxic and hazardous chemicals that are passing across the state borders, and deliver the information to the state central administrative body in charge of environment issues on quarterly basis.

/This paragraph was amended by the law of November 12, 2021/

15.3.The Government shall determine the custom port for passing toxic and hazardous chemicals via state border.

15.4.It shall be prohibited to transport toxic and hazardous chemicals via state border without proper permission.

Article 16.Determination of admissible level of toxic and hazardous chemicals

16.1.The admissible level of toxic and hazardous chemicals that affect the human health and the environment shall be determined by standard.

Article 17.Risk assessment

17.1.Individuals, business entities and organizations engaged in activities to produce, store, and use of the toxic and hazardous chemicals must be obliged to conduct risk assessment of those chemicals as set forth in the Law on Environmental Impact Assessment.

17.2.The risk assessment shall include issues on determination of toxicity and hazard characteristics of such toxic and hazardous chemicals, potential risks, measures of the prevention, neutralization and elimination of waste.

CHAPTER THREE

MISCELLANEOUS

Article 18.Control over the use of toxic and hazardous chemicals

18.1. State Central Administrative Body in charge of environmental issues and the competent body for inspection shall monitor the implementation of the legislation on toxic and hazardous chemicals.

/This paragraph was amended by the law of November 11, 2022/

18.2.Individuals, non-governmental organizations shall enjoy the right to submit recommendations and requests on the violation of legislation on toxic and hazardous chemicals to the appropriate state administrative bodies for resolution thereof.

18.3.Business entities and organizations shall ensure the internal monitoring on the use and consumption of toxic and hazardous chemicals.

Article 19.Liability for violators of law

19.1.Unless an official who has breached this law is subject to criminal liability, he or she shall be held liable as provided by the Law on Public Service.

19.2.An individual, legal entity who has breached this law is subject to the liability in accordance with Criminal Code or Law on Offence/Infringement.

/This Article was revised by the law of December 4, 2015/

Article 20.Compensation of damages

20.1.The damages caused to the health of others, the environment, domestic animals, wildlife and property due to violation of the respective legislation on toxic and hazardous chemicals and engagement in illegal operation shall be compensated by the guilty person.

CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA NYAMDORJ.TS