Introduction
On March 5 2015 Austria's agriculture, forestry, environment and water economics minister presented a draft law to amend the Chemicals Act and the Biocidal Products Act. The proposed amendments are the last steps towards the final standardisation of the classification, labelling and packaging of substances and mixtures in accordance with EU Regulation 1272/2008 (the 'CPL Regulation'). The amendments simplify the term 'toxin' and shift the existing toxin purchase permit system to a simplified system of toxin purchase certificates.
CLP Regulation
On December 16 2008 the European Parliament and the EU Council
adopted a new regulation on the classification, labelling and
packaging of substances and mixtures which aligned existing EU
legislation with the United Nation's Globally Harmonised System
(GHS). The CLP Regulation helps to achieve the GHS's aim of
standardising the descriptions and labelling of hazards worldwide.
The use of internationally agreed classification criteria and
labelling elements is expected to facilitate trade and contribute
to global efforts to protect humans and the environment from the
hazardous effects of chemicals.
The CLP Regulation has been in force since January 20 2009 and has
diverse transitional periods. For instance, the deadline for
substance classification expired on December 1 2010, whereas the
deadline for mixture classification is June 1 2015.
2012 amendments
In February 2012 the government amended the Chemicals Act 2006
in order to introduce new provisions regarding toxins. In relation
to chemical substances, the definition of 'toxin' (Section
35 of the Chemicals Act) was amended to fall within the new hazard
classifications under the CLP Regulation. However, the old
classifications under the EU Dangerous Substances Directive
(Directive 67/548/EC) and the EU Dangerous Preparations Directive
(Directive 1999/45/EC) continued to apply for mixtures.
As a second material amendment to the legislation on toxins,
businesses were granted the right to be authorised to purchase
toxins. Previously, only individuals working for a business could
obtain authorisation to purchase toxins for business operations in
the form of five-year toxin purchase licences. The 2012 amendments
enabled businesses to purchase toxins by way of unlimited toxin
purchase certificates under certain circumstances. In accordance
with the amendments, toxin purchase certificates must be issued in
the business's name.
The amendments considered that the use of toxins in business is
often limited to specific – and thus largely definable
– toxins. As such, the legislature's requirements in
relation to toxins and the protection of health are satisfied as
long as the business employs at least one person (on a permanent
basis) who has specific expertise regarding the hazardous materials
used by the business and detailed knowledge and skills in handling
the relevant toxins.
The introduction of a new toxin permit holder shifted the
professional qualifications necessary to handle toxins from general
knowledge courses to appropriate vocational training or
qualifications. This determination was made because vocational
training for a trade (under the Vocational Training Act) or skilled
practical activity in agriculture or forestry is expected to
include training on handling toxins. According to the legislature,
no further qualifications are required. To ensure a smooth
transition to the new law, the old system concerning toxin purchase
licences still applied.
Motivation behind draft law
The draft law seeks to simplify the rules regarding the classification, labelling and packaging of substances. In doing so, the law aims to improve the clarity, transparency and enforceability of the provisions governing toxins as of June 2015, when the CLP Regulation becomes fully effective. Further, the law seeks to simplify administrative procedures by reducing the level of complexity of the provisions regarding toxins.
Proposed amendments to Chemicals Act
As of mid-2015, the term 'toxin' will be subject only to
the CLP Regulation's new classification system and will be
simplified. This will reduce the administrative burden on executive
bodies, businesses and professional users. The proposed amendments
will complete the transition to the 2012 amendments to the
Chemicals Act for the trade, agriculture and forestry
sectors.
Further, in the medium term, the amendments will end the parallel
existence of the old permit system and the new system of toxin
purchase certificates by issuing only certificates and not renewing
five-year toxin purchase permits once they expire. This will not
only eliminate the parallel existence of toxin purchase permits and
certificates and related application requirements, but also
simplify the purchase system for businesses, professional users and
authorities.
Since plant protection products have been comprehensively
regulated throughout the European Union by way of a special law
(which regulates their circulation and use), they will be
explicitly removed from the scope of Section III of the Chemicals
Act 1996 as of November 2015, except in respect of the Fumigation
Safety Regulation (Federal Law Gazette II 287/2005). The Fumigation
Safety Regulation applies to both biocidal products and plant
protection products and includes specific regulations for handling
particularly toxic fumigants which are not covered by EU law or any
other national legislation.
Proposed amendments to Biocidal Products Act
The Biocidal Products Act (Federal Law Gazette I (105/2013))
previously included provisions governing toxins which were
insufficiently aligned with those of the Chemicals Act and
therefore involved a disproportionate level of effort for district
authorities and executive bodies of Austrian provinces (chemicals
inspectorates). In accordance with the amendments, the legislation
on biocidal products will cover only those provisions governing
toxins which directly originate from EU law (EU Regulation 528/2012
concerning the making available on the market and use of biocidal
products).
According to EU Regulation 528/2012, biocidal products with
particularly hazardous qualities may not be made available for
public use. The proposed amendments repeal the previous provisions
of the Biocidal Products Act which referred to the legislation on
toxic substances in the Chemicals Act (ie, the provisions for
biocidal products and other chemicals), thereby simplifying the
regulations surrounding biocidal products. When applying for a
certificate, applicants need not distinguish between a chemical and
a biocidal product because the criteria for obtaining a certificate
for biocidal products and other substances and preparations will be
harmonised.
Comment
The proposed amendments to the Chemicals Act and the Biocidal Products Act seek to simplify the regulations for relevant participants (eg, businesses and professional users) as follows:
- The relevant regulations will become more transparent (eg, simplifying the term 'toxin' and aligning biocidal products).
- Businesses will have reduced burdens due to the switch to the certificate system (eg, businesses must report only the necessary toxins in order to obtain a toxin purchase certificate. If a business's requirements remain the same, it need not apply for a new certificate).
- There will be no need to file applications for toxin purchase permits every five years (or at shorter intervals, where previously applicable).
- Plant protection products will be removed from the scope of Section III of the Chemicals Act 1996.
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