関連資料
Flow chart of the Export Trade Control Order of Appended Table Ⅱ, Category 35-3
The Export Trade Control Order of Appended Table Ⅱ, Category 35-3 covers the export of hazardous chemical substances regulated by the Rotterdam Convention, the Stockholm Convention and other national laws. Applicable items are listed in Appendix 1 of Operational Notification
No. 18-3 "Approval for Export of Chemical Substances". The exempted items are listed in Appendix 2 of the same notice, which states that "Export Approval is required unless the exemption in Appendix 2 applies.” However, it is difficult for exporters to understand the contents of Appendix 2, It makes difficult for exporter to determine whether an Approval is necessary.
Therefore, the Trade Control Committee of the JCEIA has made a "flow chart for determining whether or not an application for Export Approval is required", which makes it easier to understand the contents of Appendix 2, and we hope that you use of this flow to determine an application for export approval is required or not.
Dec. 24, 2021
Technical terms
Reference Substance
In this case, reference substances refer to substances that serve as indicators for qualitative or quantitative analysis of the regulated substances concerned.
If such substances are specified in JISQ0030 and this can be confirmed in a certificate issued by a certification body, technical documents prepared by the manufacturer of these substances, or SDS, an application for Export Approval is not required.
Unintentional Inclusion
This term refers to substances other than the intended component that are included in a chemical product and are generated by a reaction that differs from the intended reaction. Intentional inclusion produces when the substance is intentionally mixed or generated by a chemical reaction.
As a guideline for intentional and unintentional judgments, threshold levels are set in Appendix 2 in addition to Class I Specified Chemical Substance under the Chemical Substances Control Law.
Class I Specified Chemical Substance under the Chemical Substances Control Law
A group of 34 substances designated by the Chemical Substances Control Law and defined in Article 2, paragraph 2 of the law as persistent, highly accumulative and potentially toxic to humans and higher predators over the long term.
The chemical substances listed in the Annex to the Stockholm Convention are guaranteed as Class I Specified Chemical Substances under the Chemical Substances Control Law in Japan.
Even in the case of unintentional inclusion, if it is Class I Specified Chemical Substance under the Chemical Substances Control Law, it is subject to Export Approval once it has been confirmed or measured.
BAT Levels
The Chemical Substances Control Law, Operational Notification 3-4, "Handling of Chemical Substances that fall under Class I Specified Chemical Substances contained as Impurities" stipulates as follows.
“When a Class I Specified Chemical Substance is contained in other chemical substances in minute quantities as a byproduct, and there is no risk of harm to human health or to the habitat or growth of animals and plants due to pollution of the environment by the byproduct, and the content ratio is reduced to a level that is technically and economically feasible from an industrial standpoint, then the byproduct shall not be handled as a Class I Specified Chemical Substance.”
This is the principle of "BAT Best Available Technology, and manufacturers submit individual BAT reports to the three ministries (METI, MHLW, and MOE), and if accepted, BAT levels are set individually. If the content is below the BAT level, the substance is not treated as a Class I Specified Chemical Substance, and therefore, an application for Export Approval is not required.