The chemical management regulation in Malaysia – “Environmentally Hazardous Substances Notification and Registration Scheme” (EHSNR) was proposed in January 2009. Data shall be submitted to Department of Environment based on voluntary principle. In 2011, the official regulation came into force and the submission of environmentally hazardous substances data are mandatory.
The purpose of the notification and registration scheme in Malaysia is to provide the necessary information to the Malaysian Government that will enable the Department of Environment and other agencies involved in chemicals management to identify substances of concern in the country and make decisions about how to manage the substances in a safe and sound manner.
Definition of EHS
An EHS is a substance that is included in the EHS Reference List or a substance with GHS classification according to Malaysia GHS.
Scope
The notification scheme covers:
- All substances not covered by other notification/registration schemes in Malaysia and fulfilling the criteria for classification as hazardous according to the Globally Harmonised System of Classification and Labelling (GHS), or until GHS is fully implemented, the classification according to the current classification requirements for chemicals in Malaysia.
The notification requirement does not apply to substances for which information has already been submitted to a Government agency in Malaysia by means of other legislations. This regards substances notified/registered under the following legislations:
The Pesticides Act 1974 (Act 149)
The Poisons Act 1952 (Act 366)
Chemical Weapons Convention Act 2005 (Act 641)
Exemptions
Substances regulated by other legislation (viz. Pesticides and Pharmaceuticals)
Substances on exemption list, e.g.:
naturally occurring materials
substances formed during processing procedure
impurities or by-product
substances for export only
low-volume (< 1 t/a)
attached/end use reaction products
mixtures
intermediates
substances for research & development or marketing test
polymers
Notification Type
Two types of notification are used to manage environmentally hazardous substances: Basic Notification and Detailed Notification. Each type of notification applies to different substances.
1. Basic notification: for substances on EHS reference list.
- Required information:
- Substance identification information: (CAS number, EC number. or Code number);
- Annual tonnage;
- Use of the substance;
- Concentration range of the substance in raw material or finished products;
Country of export (if imported).
- Shall be submitted each year.
2. Detailed notification: for substances not on EHS reference list.
- Required information:
- All documents required by basic notification;
- Molecular formula, molecular weight, molecular structure information;
- Physical and chemical properties;
- Physical and chemical category;
- Hazard information to human health;
- Hazard information to environment;
- GHS classification.
- Detailed notification will only be submitted once, unless Data of hazards are modified significantly.
- Once the substance is included in the list, basic notification shall be notified from next year.
Notified Body
Manufacturer in Malaysia
Importer in Malaysia
Oversea supplier ( Detailed notification only)
Notification Deadline
The tentative phase-in year for the notification based on tonnage is given in the table below.
Annual Tonnage | Year of Implementation of EHS Notification | |||
2009-2012 | 2013-2014 | 2015-2016 | 2017-2018 | |
>100 | set up initial inventory | √ |
|
|
10-100 |
| √ |
| |
1-10 |
|
| √ |
Note: For CMR substances and substances with category 1 aquatic chronic toxicity, data submission shall be completed before 2014.