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Monitoring of International Law

Feedback

There are many EU directives on environment, safety and health such as Restriction of Hazardous Substances (RoHS), Waste of Electrical, Electronics Equipment (WEEE), End-of-Life Vehicle (ELV) and the latest being Registration, Evaluation and Authorisation of Chemicals (REACH). All MNC has a corporate department that monitors upcoming laws that may have an impact on their activities and products. Taking this into a perspective of a country,

  1. Which ministry and department in Malaysia are monitoring upcoming legislations around the world that may have impact on Malaysian industry? MITI? MOSTI?

  2. How are the anticipated impacts communicated to the concerned industry?

  3. Our corporate department of Environment, Safety and Fire Protection has heard that Malaysia is drafting a law similar to ELV. The department has requested a copy of the draft. We have approached a few associations such as FMM, SEAM and MICCI to no avail. We have also visited the webpage of Jabatan Peguam Negara and could find nothing on Malaysia ELV. Where can we obtain information of upcoming laws that are in the pipeline? Where can we obtain the draft in English?

Reply

On Sanitary and Phytosanitary Measures or SPS, the Ministry of Agriculture and Agro-Based Industry (MOA) is the WTO/SPS National Notification Authority. MOA monitors notifications notified by other member countries on SPS measures. MOA also notifies new measures adopted by Malaysia on SPS to the WTO. In addition to MOA, national enquiry points for SPS have also been established as follows:

  1. Department of Veterinary Services of Ministry of Agriculture and Agro-Based Industr
  2. Department of Public Health / Food Safety and Quality Division of Ministry of Health

On Technical Barriers to Trade (TBT), SIRIM Bhd. is the WTO/TBT Enquiry and Notification Point. SIRIM publishes TBT notifications from other members at its website http://www.sirim.my/WTO/main.htm. Those wishing to give feedback on a proposed regulation may do so through SIRIM. Alternatively, those interested may request SIRIM to alert them via e-mail on changes to regulations of sectors of their interest. This service is called Export Alert!

Measures that are notified at the WTO or measures undertaken by major markets such as EU are monitored by MITI offices overseas. The information received is relayed to MITI Headquarters and its agencies, Ministries concerned as well as trade and industry associations. The relevant ministries monitoring these issues will also inform relevant parties directly or through consultations with industry associations.  

As the chemical management is under the purview of many government agencies, coordination can be an issue. MITI is involved directly in the implementation of GHS as the Chair for the National Coordinating Committee, with DOSH, MOT, Pesticides Board, Ministry of Domestic Trade and Consumers Affairs as the lead agencies in various related areas. As for the EU-REACH regulation, MITI is the Chair for the Steering Committee on REACH implementation in Malaysia.

 For your information, the Institute for Environment and Development (LESTARI), Universiti Kebangsaan Malaysia is cooperating with Conservation and Environment Management Division, Ministry of Natural Resources and Environment(NRE) to form the Malaysian Network for Integrated Management of Chemicals and Hazardous Substances for Environment and Development (MyNICHE). Should BOSCH need further clarification, they can contact CICM or Unit Kimia and Petrokimia, MITI for information on GHS and REACh.