Chemicals Prohibition Ordinance
| Basic data | |
|---|---|
| Title: | Ordinance on bans and restrictions on placing on the market and on the delivery of certain substances, mixtures and products according to the Chemicals Act |
| Short title: | Chemicals Prohibition Ordinance |
| Previous title: | ... the placing on the market of dangerous substances, preparations and articles ... |
| Abbreviation: | ChemVerbotsV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Legal matter: | Commercial administrative law , environmental law |
| References : | 8053-6-37 |
| Original version from: | October 14, 1993 ( BGBl. I p. 1720 ) |
| Entry into force on: | November 1, 1993 |
| Last revision from: | Art. 1 of January 20, 2017 ( Federal Law Gazette I p. 94 ) |
| Entry into force of the new version on: |
January 27, 2017 |
| Last change by: |
Art. 300 VO of June 19, 2020 ( Federal Law Gazette I p. 1328, 1363 ) |
| Effective date of the last change: |
June 27, 2020 (Art. 361 of June 19, 2020) |
| Weblink: | ChemVerbotsV legal text |
| Please note the note on the applicable legal version. | |
The Chemicals Prohibition Ordinance (ChemVerbotsV) regulates the restrictions and bans on the placing on the market and the release of certain dangerous substances ( hazardous substances ) or mixtures - as well as products that can release such dangerous substances - in the area of the Federal Republic of Germany . Restrictions and bans, which mainly serve the purpose of occupational safety , are dealt with in the Ordinance on Hazardous Substances (GefStoffV).
history
With the ChemVerbotsV, which came into force in 1993, various individual ordinances were reorganized and combined in accordance with Section 17 of the Chemicals Act. With the exception of the CFC-Halon Prohibition Ordinance (FCKWHalonV) and the aforementioned GefStoffV, all substance-related bans and restrictions on placing on the market have been combined in a uniform set of rules, whereas previously the regulations on placing on the market were also regulated in the Hazardous Substances Ordinance. The ChemVerbotsV was revised on June 13, 2003 and then on January 20, 2017 to adapt it to current EU law ( CLP regulation ).
Prohibitions and restrictions ( § 3 , § 4 )
In section 2, the ChemVerbotsV regulates the prohibitions and restrictions in accordance with Annex XVII of the REACH regulation, further restrictions and prohibitions on the placing on the market and their use of formaldehyde, e.g. B. in furniture or cleaning agents, dioxins and furans , pentachlorophenol and bio-persistent fibers . At the same time, national exemptions are set for certain substances banned under REACH, such as asbestos , chrysotile or lead paints for certain uses, such as older means of transport, works of art or objects of cultural history.
Provisions for submission ( § 5 to § 11 )
GHS02
GHS03
GHS06
GHS08
Section 3 of the ChemVerbotsV stipulates the regulations for the delivery of substances and mixtures that are either labeled
- with the hazard pictogram GHS06 or
- with the hazard pictogram GHS08 and at least one of the hazard statements H340, H350, H350i, H360, H360F, H360D, H360FD, H360Fd, H360Df, H370 or H372 or
- with the hazard pictogram GHS03 or
- with the hazard pictogram GHS02 and at least one of the H-phrases H224, H241, H242 or
- if used as hydrogen phosphide developing
However, there are a number of exceptions for fuels , special fuels and heating oils , methanol for use in fuel cells , various gases, adhesives , hardeners, multi-component adhesives , multi-component repair putties, minerals for collectors' purposes, chemical experiment kits , pyrotechnic objects and e-cigarettes , which are not are subject to the ChemVerbotsV ( Section 5 , Paragraph 4).
The above-mentioned substances may only be dispensed ( Section 8 , Paragraph 3) if (a) the purchaser confirms or proves that he intends to use or resell the substances or mixtures in a permitted manner and meets the legal requirements for this, (b ) there are no indications of unauthorized use or resale and (c) the purchaser has been informed of the dangers associated with using the substance / mixture, the necessary precautionary measures for intended use and in the event of unforeseen spillage or release, as well as proper disposal. When handing over to a natural person, this person must be at least 18 years old. The handover or the provision for third parties may not take place in the retail trade using machines or other forms of self-service. The self-service ban in accordance with Section 23 (2) of the Plant Protection Act applies accordingly ( Section 8 , Paragraph 4).
Special requirements
For the above-mentioned substances that are marked with the hazard pictograms GHS06 or GHS08, further requirements apply:
For placing on the market, permission from the competent authority is required ( authorization requirement , Section 6 ). A person who has a certificate of competence must be employed in each operating facility for the permit. Every change of a competent person must be reported to the authority. The permit can be restricted to individual substances or mixtures, granted subject to conditions and revoked at any time if the requirements are no longer met or conditions are not met. The submission may only be carried out by the competent person ( § 8 , Paragraph 1).
A permit is not required if the product is sold exclusively to resellers, professional users or public research, examination and teaching institutions, as well as to pharmacies . Instead, the person placing the product on the market only has to notify the competent authority in writing and name a competent person before the substances or mixtures are initially supplied or made available ( obligation to notify , Section 7 ). In these cases, the actual submission can also be carried out by an authorized person ( Section 8 , Paragraph 2). Pharmacies are also exempt from the notification requirement.
The distributor must keep a dispensing book ( Section 9 ). The type and quantity of the substances or mixtures dispensed, the date of dispensing, the intended use, the name of the dispensing person and the name and address of the purchaser and, if applicable, the recipient must be documented in the dispensing book. If the recipient is a public research, investigation or teaching institute, it must also be stated whether the submission is for research, analysis or teaching purposes. The transferring person must establish the identity of the purchaser or the recipient of the identity. In addition, the purchaser or the recipient must confirm receipt by signature. To keep the submission book and related documentation for at least five years.
These substances may only be delivered or offered by mail to resellers, professional users or public research, testing or educational institutions ( Section 5 , Paragraph 2) ( Section 10 ).
Expertise ( § 11 )
Expertise (colloquially also called "poison test" or "poison certificate") certifies general knowledge of the essential properties of the substances and preparations of the toxic, very toxic, carcinogenic , mutagenic, fruit and organ damaging, extremely flammable and oxidizing substances and preparations listed in Appendix 2 , dangers associated with their use and knowledge of the regulations that apply to them. It can be restricted to individual dangerous substances and mixtures that contain them. The required expertise has proven who has passed an examination by the competent authority or a recognized institution or acquired another qualification . The following are considered suitable:
- License to practice as a pharmacist.
- training as a pharmacist assistant or exercising it
- training to Pharmazieingenieur or practice as a pharmaceutical-technical assistant
- the final examination to become a druggist , if the final examination was taken in 1992 or later and extended to the areas of the proficiency examination,
- the final exam for pest control
Recognition or a certificate according to the Plant Protection Expertise Ordinance can be recognized as proof of expertise for the dispensing of plant protection products that are covered by Appendix 2. The examination can also be limited to knowledge of the regulations, taking into account proven prior technical knowledge. If the examination or the acquisition of another qualification was more than six years ago, the expert must show participation in advanced training events. In contrast to the ChemVerbotsV in the 2003 version, a suitable university degree is generally no longer sufficient as a qualification today.
For persons from the member states of the European Union, proof of qualification is deemed to have been provided if they meet the requirements of Article 2 of Directive 74/556 / EEC.
Legal
Violations of the Chemicals Prohibition Ordinance are either administrative offenses ( Section 12 ) or criminal offenses ( Section 13 ). An administrative offense includes, for example, violations of the obligation to notify according to Section 7, the duty to submit information according to Section 8, the documentation requirement according to Section 9 or the shipping restrictions according to Section 10. An intentional or negligent violation of prohibitions and restrictions according to §3 or the authorization requirement according to §6 are considered a criminal offense. Deliberate violations of the tax obligations according to §8 or the shipping restrictions according to §10 can also be treated as criminal offenses.
See also
literature
- Ulrich Welzbacher: CLP and the consequences for further legal provisions , BPUVZ (ESV, Berlin) issue 11.2015, pp. 556–563.
Individual evidence
- ^ Text of the Chemicals Prohibition Ordinance valid until January 27, 2017
- ↑ ChemVerbotsV Annex 1 Bans on placing on the market
- ↑ ChemVerbotsV Annex 2 Requirements in relation to the delivery
- ↑ Directive 74/556 / EEC. In: eur-lex.europa.eu. June 4, 1974. Retrieved December 7, 2019 .
