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CEP Technical Report No. 7 1991

The Transboundary Movement of Hazardous and Nuclear Wastes in the Wider Caribbean Region - A Call for a Legal Instrument within the Cartagena Convention (Prepared by: Greenpeace International)

Annex I

DOMINICAN REPUBLIC, TOXICS IMPORT LAW

Law Number 218

The National Congress
In the Name of the Republic

Considering: That it is necessary to protect the country from the introduction to its territory of substances that threaten the life and health of its inhabitants, as well as of its flora and fauna;

Considering: That in the country pharmaceuticals and pesticides are being used freely that, due to their high level of danger, have been banned, not permitted, or have been taken out of the use for which they had been originally patented;

Considering: That many of these products and substances can cause to the population grave or incurable illness, epidemics, permanent lesions in the vital systems and genetic defects.

In view of: paragraph 17 of article 8 of the Constitution of the Republic;

In view of: law number 4471 of 29 May 1956, that institutes the Code of Public Health;

In view of: law number 311, of 22 May 1968, that regulates the management of pesticides,

Has Given the Following Law:

Article 1.- It is forbidden to bring into the country by any means, human or animal excrement, domestic or municipal wastes and their derivatives, muds or sewage sludges, treated or not, as well as toxic wastes derived from industrial processes, that contain substances that could infect, contaminate and/or degrade the environment and put in danger the lives and health of the inhabitants, including chemical compounds and combinations, traces of heavy metals, residuals of radioactive materials, undetermined acids and alkalis, bacteria, viruses, eggs, larvae, spores, fungus and phytopathogens.

Article 2.- It is prohibited to produce, import or market pharmacological products and pesticides whose use is banned, severely restricted or discontinued, because of their danger, by the health authorities and the environmental protection authorities in the country where the original patent has been registered.

Article 3.- Pharmaceuticals and pesticides the use and selling of which are restricted in their countries of origin, due to their potential danger, may only be marketed under the strict control of the Secretaries of State, of Public Health and Social Assistance, and of Agriculture.

Paragraph: - It is prohibited to import pharmaceuticals developed with human blood coming from countries that are affected by sicknesses that can be transmitted to a recipient patient as in the case of the use of Gammaglobulin.

Article 4.- The Executive Power will be entrusted with developing the corresponding regulations to duly implement that which this law requires.

Delivered in the Meeting Room of the Chamber of Deputies, Palace of the National Congress in Santo Domingo de Guzmán, National District, Capital of the Dominican Republic, on the 13th day of the month of March in the year 1984: 141 years after the Independence and 121 years after the Restoration.

Hugo Tolentino Dipp
President

Tony Raful Tejada
Secretary

Carlos B. Lalane Martinez
Secretary

Delivered in the meeting room of the Senate, Palace of the National Congress, in Santo Domingo de Guzmán, National District, Capital of the Dominican Republic, on the 22nd day of the month of May in the year 1984, 141 years after the Independence and 121 years after the Restoration.

Jacabo Majluta Azar
Presidente

Rafael Fernando Correa Rogers
Secretario

Jose Antonio Constanzo Santana
Secretario

SALVADOR JORGE BLANCO
President of the Dominican Republic

In exercise of the rights bestowed upon me in Article 55 of the Constitution of the Republic.

I proclaim the present law and mandate that it is published in the Official Gazette for its acknowledgement and completion.

Given in Santo Domingo de Guzmán, National District, Capital of the Dominican Republic, on the 28th day of the month of May in 1984; 141st year after the Independence and the 121st year after the Restoration.

SALVADOR JORGE BLANCO


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