Measure

3.

(1) A person may not trade in cement in Namibia or import cement into Namibia, unless that cement complies with the requirements of the NAMS/EN 197-1.

(2) A person who trades in or imports cement that does not comply with the requirements in subregulation (1) commits an offence and on conviction is liable to a fine not exceeding N$5 000 or to imprisonment for a period not exceeding six months, or both such fine and such imprisonment.

(3) A manufacturer or an importer must apply to the regulator, on a form obtainable from the regulator and pay the prescribed fee, for the certification of each cement type and strength class of such cement intended for use in Namibia.

(4) An application made under subregulation (3) must follow the procedure illustrated in Annexure B of NAMS/EN 197-2.

(5) If the regulator is satisfied that the cement conforms to the requirements of NAMS/ EN 197-1, the regulator must issue a -

(a) certificate of conformity for cement manufactured in Namibia, in terms of Clause 8 of NAMS/EN 197-2, if the requirements of regulation 5(5) are met; or

(b) licence for cement manufactured outside Namibia, if the requirements of regulation 6(5) are met.

(6) The certificate of conformity or licence, issued under subregulation (5), remains effective for three years as long as the cement continues to conform to the requirements mentioned in that subregulation in any subsequent conformity test.

(7) The regulator may cancel the certificate of conformity or licence if the cement no longer conforms to the requirements of NAMS/EN 197-1.

(8) The manufacturer or importer must ensure that the cement packaging -

(a) is marked in accordance with the requirements of the latest edition of the SADCMEL Document 1 and Document 4; and

(b) meets all the requirements in Annexure 1.

(9) The manufacturer or importer must take corrective action as stipulated in Clause 4.3.2 of the NAMS/EN 197-2 and immediately report to the regulator any failure to conform to the requirements of these regulations.

(10) A report under subregulation (9) must -

(a) be in written form; and

(b) contain the details of the failure of conformity of whatever nature.

(11) The regulator must be kept informed of any corrective actions and findings the manufacturer or importer takes or finds to address the failure to conform.

(12) A manufacturer or an importer who fails to comply with the requirements of subregulation (8) commits an offence and on conviction is liable to a fine not exceeding N$5 000 or to imprisonment for a period not exceeding six months, or to both such fine and such imprisonment.