Article 25:
It is forbidden to displace and use hazardous substances and waste without a license from the competent authority indicated for each as herein below:

1. Hazardous agricultural substances and waste, including pesticides and fertilizers –Ministry of Agriculture.

2. Hazardous industrial substances and waste - Ministry of Industry. 

3. Hazardous pharmaceutical, hospital and laboratory substances and waste and domestic insecticides - Ministry of Health.

4. Hazardous petroleum substances and waste - Ministry of Petroleum.

5. Hazardous substances and waste from which ionizing radiation is emitted - Ministry of Electricity - Nuclear Energy Authority.

6. Hazardous inflammable and explosive substances and waste - Ministry of Interior.

7. In respect of other hazardous substances and waste, the respective bodies competent to issue a license for their displacement shall be designated by a decree of the Minister for Environmental Affairs on the basis of a proposal by the CEO of the EEAS.

The ministers heading the ministries mentioned in this Article shall, each within his scope of competence and in coordination with the Minister of Health and the EEAA, issue a table of hazardous substances and waste specifying:

A. The types of hazardous substances and waste falling within his ministry scope of competence and their respective degrees of danger.

B. The constraints to be observed in the displacement of each.

C. The means of disposing of the empty containers of such substances after their displacement.

D. Any other constraints or conditions the minister deems important to add.


Article 26:
The applicant for a license shall submit his application in writing to the competent authority as defined in Article (25) of these Executive Regulations in accordance with the following procedures and conditions:


Procedures for granting a license:

The license to handle hazardous substances and waste shall have a maximum validity period of five years unless an event entailing its review occurs. The competent administrative authority may, pursuant to the provisions of Article (40) hereof, grant temporary licenses for short periods as necessity dictates.

The body or individual wishing to obtain a license for the displacement of hazardous substances or waste shall submit an application containing the following data:

1- Handler of hazardous substances and waste:
- Name of establishment
- Address and telephone No.
- Site and area of establishment
- Contour maps of the site
- Level of underground water
- Safety equipment in the establishment
- Information concerning insurance
- Program for monitoring the environment in the area surrounding the establishment

2- Producer of hazardous substances and waste (full name, address, telephone and fax numbers).

3- A complete description of the hazardous substances and waste intended to be handled and the nature and concentration of the dangerous elements contained therein.

4- The amount of hazardous substances and waste intended to be handled annually and a description of the method of packing to be used (barrels - tanks - loose).

5- The means to be used in storing hazardous substances and waste and the storage period for each, as well as an undertaking to place a clear written description on the container indicating its contents, the degree of danger thereof and how to act in an emergency.

6- The available means of transport (by land - rail - sea - air - internal waterways), their routings and schedules.

7- A complete statement of the method intended to be used for the treatment and disposal of the hazardous substances and waste for the displacement of which a license is sought.

8- A commitment not to mix hazardous substances and waste with any other type of waste produced by social and production activities.

9- A commitment to keep registers containing detailed accounts of the sources, quantities and types of hazardous substances and waste, the rates and periods of their collection and storage and the means of their transport and treatment, to furnish such data on request, and not to destroy the registers for a period of five years running from the date they are first opened.

10- A commitment to take all procedures as are necessary to ensure the proper packing of hazardous substances and waste during the collection, transportation and storage phases.

11- A detailed description of the emergency plan for confronting all unforeseen circumstances which guarantees the protection of human beings and the environment.

12- A certificate of previous experience in the field of handling hazardous substances and waste.

13- A declaration of the veracity of data stated in such document.


Conditions for granting a license:

1- Completion of all required data.

2- Availability of personnel trained in the handling of hazardous substances and waste.

3- Availability of means, resources and systems required for the safe handling of these substances.

4- Availability of requirements to confront the risks which may result from accidents occurring during the handling of these substances.

5- That no harmful effects to the environment and public health shall result from the activity for which a license is sought.


Article 27:
The license to handle hazardous substances and waste shall be issued in consideration of a cash payment to be determined by a decree from the competent minister. The license shall be valid for a maximum period of five years subject to renewal.

The licensing authority may revoke the license or suspend the activity by a reasoned decision in the following cases:

1- If the license was issued as a result (of the submission) of incorrect data.

2- If the license violates the conditions of the license.

3- If the performance of the activity results in dangerous environmental effects which were unforeseen at the time the license was issued.

4- The emergence of sophisticated technology which may, with minor modifications, be applied, and the use of which would lead to a marked improvement in the environment and the health of the workers.

5- If the EEAA concludes that it is unsafe to handle any of the substances and wastes.

The licensing authority in coordination with the EEAA and the Ministry of Health may request the applicant to fulfill such other conditions as it deems necessary to ensure the safe handling of these substances,. In all cases, the applicant for a license may not handle hazardous substances and waste before obtaining the license made out on the relevant form which must be kept by the person in charge of the handling to be presented on request.

Article 28:
The management of hazardous wastes shall be subject to the following rules and procedures:


1) Engendering Hazardous Waste:

The establishment which engenders hazardous waste shall be held to do the following:

A- Try hard to reduce the rate at which such waste is produced, both quantitatively and qualitatively, by developing the technology used, employing clean technology and selecting alternatives for the primary product or the raw material which are less harmful to the environment and public health.

B- Categorize the waste produced, in terms of both quantity and quality, and register same.

C- Establish and operate units to treat waste at source, provided the EEAA approves the treatment system as well as the technical specifications of these units and their operational programs. In case of difficulty of treatment or disposal of hazardous waste at source, the establishment producing such waste shall be held to collect and transport it to the disposal sites determined by the local authorities and the competent administrative and environmental bodies. The displacement of such waste shall be subject to all the conditions and provisions prescribed in this respect by these Executive Regulations.

2) Stage of Collecting and Storing Hazardous Waste:

A- Determine specific locations for the storage of hazardous waste meeting safety conditions to prevent the occurrence of any harm to the public or to those persons exposed to such waste.

B- Store hazardous waste in special containers made of a solid, non-porous, leak-proof material. These containers are to be hermetically sealed and their capacity must be commensurate with the quantity of hazardous waste stored therein or conform to the standards set for the storage of such waste according to type.

C- Place a clear sign on the hazardous waste containers indicating their contents and warning of the dangers which may result from handling them imprudently.

D- Lay down a schedule for the collection of hazardous waste so that it is not left for long periods in the storage containers.

E- Producers of hazardous waste shall be held to provide the above-mentioned containers, wash them after each use and not place them in public places.

3) Stage of Transporting Hazardous Waste:

A- It is prohibited to transport hazardous waste by other than the means of transport run by the establishments licensed to manage hazardous waste.
Those means of transport must meet the following conditions:

1- Transport trucks shall be fitted with all safety equipment and shall be in good working condition.

2- The capacity of such trucks and their shift schedule shall be commensurate with the quantities of hazardous waste.

3- They shall be driven by trained drivers capable of taking independent initiatives, particularly in emergencies.

4- They shall bear clear signs indicating the dangerous nature of their cargo and the best manner of dealing with emergencies.

B- Routing of trucks transporting hazardous waste shall be determined and civil defense bodies shall be immediately notified of any changes therein, so as to enable them to act rapidly and decisively in emergencies.

C- Trucks transporting hazardous waste shall be prohibited from passing through residential and other populated areas and through the city center during daytime.

D- The address of the garages where hazardous waste trucks are parked, as well as the number and date of their license must be notified to the competent authority.

E- Trucks transporting hazardous waste must be washed and sterilized after each use in accordance with the directives issued by the Ministry of Health in coordination with the competent administrative body designated in Article (40) of these Executive Regulations.

4) The following must be observed when authorizing the passage of ships carrying hazardous waste:

A- Prior notification is a requisite. The competent administrative body shall be entitled to withhold authorization if there is a risk of environmental pollution.

B- In case of authorization, all necessary precautions as prescribed in international conventions must be taken, and the ship must have the guarantee certificate referred to in Law No. 4 of 1994.

5) Stage of Treatment and Disposal of Hazardous Waste:

A- The sites selected to house utilities for the treatment and disposal of hazardous waste shall lie at a distance of at least three kilometers from populated and residential areas, and shall be held to meet the conditions and provide the equipment and installations set forth below:

1- The area of the site must be proportionate to the quantity of hazardous waste so that such waste does not remain in storage for extended periods.

2- The site shall be encircled with a brick wall standing at least 2.5 meters high.

3- The site shall be provided with more than one gate of suitable width, allowing the easy entry of trucks transporting hazardous waste.

4- The site shall be provided with a water source and W.C. facilities.

5- The site shall be provided with all the protection and safety requirements prescribed in labour and vocational health laws, as well as with a telephone line.

6- The site shall be provided with all the mechanical equipment which can facilitate the work process.

7- The site shall be provided with warehouses equipped to preserve hazardous waste pending its treatment and disposal.
Equipment shall differ according to the type of hazardous waste received by each utility.

8- The utility shall be provided with an incinerator for burning certain type of hazardous waste.

9- The utility shall be provided with the necessary equipment and installations for sorting and classifying certain types of hazardous waste with the intention of reutilizing and recycling them.

10- The site shall have a sanitary ditch of an adequate capacity for burying the incinerated remains.

B- Processes for the treatment of hazardous waste which may be reused and recycled shall be carried out within the following framework:

1- Reutilization of some hazardous waste as fuel to generate energy.

2- Recovery of organic solvents and their reutilization in extraction processes.

3- Recycling and reusing some organic substances from hazardous waste.

4- Reusing ferrous and non-ferrous metals and their compounds.

5- Recycling and reusing certain non-organic substances from hazardous waste.

6- Recovery and recycling of acids or alkalines.

7- Recovery of substances used in reducing pollution.

8- Recovery of certain components of ancillary elements.

9- Recovery of used oil and reutilizing it after its refinement, with due consideration to the relationship between environmental and economic returns.

C- Processes for the treatment of hazardous waste which cannot be reutilized and recycled shall be carried out within the following framework:

1- Injecting hazardous waste amenable to pumping into salt mines, wells and natural reservoirs in areas far from residential and populated areas.

2- Burying hazardous waste in pits specially prepared for this purpose and isolated from the other components of the environmental system.

3- Treating hazardous waste biologically by using certain types of living micro-organisms to bring about its decomposition.

4- Treating hazardous waste physically or chemically by evaporation, dilution, calcification, assimilation, sedimentation, etc.

5- Incineration in special incinerators designed to prevent the emission of gases and fumes into the surrounding environment.

6- Permanent storage (such as placing hazardous waste containers inside a mine).

D- Taking all procedures which guarantee limiting and reducing the production of hazardous waste through:

1- Developing and generalizing the use of clean technology.

2- Developing suitable systems for the management of hazardous waste.

3- Expanding the reutilization and recycling of hazardous waste after treatment whenever possible.

E- Setting a periodic program to monitor the various components of the environmental system (organic and non-organic) in the sites of utilities and their surroundings for the treatment and disposal of hazardous waste.

Licenses shall be withdrawn and work in the utility suspended upon the appearance of any indications of damage to the eco-systems surrounding the utility.
F- Establishments licensed to handle and manage hazardous substances and waste shall be responsible for any damage caused to third parties as a result of non-compliance with the provisions of these Executive Regulations.

The EEAA shall be competent to review the hazardous waste schedules, which are subject to the provisions of the Law, with the cooperation of the ministries concerned in regard to the schedules issued by them in this connection.