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Other Chemical Legislation

Natural Resources and Other Legislation Amendment Bill 2019 ...

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Here is just an overview of some (by far not all) regulations that might affect you directly or mostly indirectly_


The ATEX directive 2014/34 / EU is a directive of the European Union (EU) to facilitate free trade within the EU by harmonizing technical and legal regulations in the member states for products that are intended for use in potentially explosive atmospheres. Its predecessor was Directive 1994/9 / EG, which was introduced in Great Britain in 1996 by means of the “Equipment and Protective Systems intended for Use in Potentially Explosive Atmospheres” (EPS) regulation.

Bedarfsgegenstand according to LFBG (Germany)

Consumer goods is a term used in the German Food, Consumer Goods and Feed Code (LFGB). According to § 2 paragraph 6 LFGB are commodities

Materials and objects (within the meaning of Article 1 (2) of Regulation (EC) No. 1935/2004 of the European Parliament and of the Council of October 27, 2004 on materials and objects) that are intended to come into contact with food (one also speaks of food commodities), Packs, containers or other wrappings that are intended to come into contact with cosmetic products,
Objects intended to come into contact with the mucous membranes of the mouth, Objects intended for personal hygiene, Toys and joke items, Objects that are intended to come into contact with the human body not only temporarily, such as clothing, bed linen, masks, wigs, hairpieces, artificial eyelashes, bracelets, Cleaning and care products that are intended for domestic use or for consumer goods as defined in number 1, Impregnation agents and other equipment for consumer goods as defined in number 6, which are intended for domestic use, Means and objects for improving odors in rooms intended for people to stay.The Consumer Goods Ordinance (BedGgstV) specifies which materials are permitted for consumer goods and food packaging (food consumer goods) and how high the contamination on the body or from the packaging into the food may be.Dodd-Frank Act (Konfliktmineralien) und CMRT

Checking products for the use of so-called conflict minerals – this is the challenge facing companies that are along the supply chain of US listed companies, whether as a direct supplier or as an intermediate supplier.

The US Dodd-Frank Act (Dodd-Frank Wall Street Reform and Consumer Protection Act) has been legally binding since July 2010. The Dodd-Frank Act serves primarily to reform US financial market law. However, it also includes disclosure and reporting requirements for US listed companies regarding the use of certain raw materials that come from the Democratic Republic of the Congo or its neighboring countries. This can also result in the dismay of German companies that are suppliers to US listed companies. Disclosure must be made for all products manufactured in 2013 for the first time as of May 31, 2014, and from then on annually for the previous year. Section 1502 Dodd-Frank Act (Sec. 1502) requires companies that are required to report under the United States Securities Trading Act to disclose annually whether so-called “conflict minerals” that are necessary for the manufacture or function of their products, come from the DR Congo or its neighboring countries. The term “conflict minerals” in the Dodd-Frank Act means the raw materials tantalum, tin, gold and tungsten if their extraction and trading in these raw materials to finance or otherwise support armed groups in the DR Congo or its neighboring countries (Angola, Burundi, Republic of the Congo, Rwanda, Zambia, Sudan, Tanzania, Uganda, Central African Republic).

PIC (Prior informed consent)

The PIC convention entered into force on February 24, 2004. In this, the contracting parties undertake to inform other contracting parties about the issuing of bans and strict restrictions on the use of chemicals and to report exports of such regulated substances to the recipient country. In addition, the contracting parties are obliged to make decisions regarding certain chemicals named in the Convention as to whether the import of these chemicals is permitted or not and under what conditions it is permitted (import decisions).

This procedure is called prior informed consent (PIC). Deliveries against the will of the importing country are not permitted.

The internationally binding agreement will help to limit environmental and health risks that may arise from certain hazardous chemicals. In particular, it will protect users in agriculture and industry as well as consumers in developing and emerging countries and limit the risks to the environment.

Switzerland ratified the PIC convention on January 10, 2002. The Swiss PIC regulation (ChemPICV) transposes the provisions of the convention into national law. The PIC regulation entered into force on January 1, 2005.

Proposition 65

The “Proposition 65” is a regulation in the US state of California. This stipulates that the state must publish a list of chemicals that are known to cause cancer, malformations, or other reproductive harm. In addition, companies that sell products in the State of California are required to inform the California population of significant amounts of the chemicals listed that are found in the products sold or in their personal or professional environment, or which are released into the environment.

The list of currently around 800 chemicals is kept by the Office of Environmental Health Hazard Assessment (OEHHA) and updated every year. Proposition 65 is a “right of the consumer to information”. Unless companies are released from compliance, they must issue a “clear and unambiguous warning” if their products could put individuals in contact with the chemicals listed. They also have to warn the population if they discharge the listed chemicals into drinking water sources.RoHS

The EU Directive 2011/65 / EU serves to restrict the use of certain hazardous substances in electrical and electronic equipment. It regulates the use and the placing on the market of hazardous substances in electrical devices and electronic components. Directive 2011/65 / EU (RoHS 2) replaced the predecessor directive 2002/95 / EC (RoHS 1) on January 3, 2013. Both guidelines are unofficially abbreviated with RoHS (English Restriction of Hazardous Substances ‘restriction [the use of certain] dangerous substances’).


Persistent organic pollutants (POPs) are organic compounds that are toxic and extremely poorly degradable in the environment. They can accumulate in people and animals. After their release via air or water, but also via the food chain, they can be distributed globally and pollute people and the environment far from their place of entry. For example, they can impair reproduction, lead to hormonal disorders or cause cancer.

The Stockholm Convention on Persistent Organic Pollutants (Stockholm Convention on Persistent Organic Pollutants) aims to minimize the environmental impact of such substances. The convention was ratified by Switzerland on July 30, 2003 and entered into force on May 17, 2004.

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