Chemicals Act

Link to law: https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/527012015003/consolide
Published: 2015-01-01

Chemicals Act1

Passed 06.05.1998
RT I 1998, 47, 697
Entry into force 07.06.1998
Amended by the following legal instruments (show)

Passed
Published
Entry into force

28.04.1999
RT I 1999, 45, 512
28.05.1999

05.06.2002
RT I 2002, 53, 336
01.07.2002

19.06.2002
RT I 2002, 61, 375
01.08.2002

19.06.2002
RT I 2002, 63, 387
01.09.2002

12.02.2003
RT I 2003, 23, 144
01.04.2003

11.06.2003
RT I 2003, 51, 352
01.09.2003

12.11.2003
RT I 2003, 75, 499
13.12.2003

17.12.2003
RT I 2003, 88, 591
01.01.2004

12.05.2004
RT I 2004, 45, 315
27.05.2004

13.10.2004
RT I 2004, 75, 521
19.11.2004, in part 01.05.2006

16.12.2004
RT I 2004, 89, 612
31.12.2004

31.05.2006
RT I 2006, 28, 209
30.06.2006

07.12.2006
RT I 2006, 58, 439
01.01.2007

22.11.2007
RT I 2007, 66, 408
01.01.2008

29.01.2009
RT I 2009, 12, 74
27.02.2009, in part 01.06.2009 and 01.10.2009

15.06.2009
RT I 2009, 39, 262
24.07.2009

30.09.2009
RT I 2009, 49, 331
01.01.2010

22.04.2010
RT I 2010, 22, 108
01.01.2011, will enter into force on the date specified in the decision of the Council of the European Union regarding the abrogation of the derogation established in favour of the Republic of Estonia on the ground provided for in Article 140(2) of the Treaty on the Functioning of the European Union, Decision No. 2010/416/EU of the Council of the European Union of 13 July 2010 (OJ L 196, 28.07.2010, pp. 24 26).

05.05.2010
RT I 2010, 24, 115
01.09.2010

20.05.2010
RT I 2010, 31, 158
01.10.2010

16.06.2010
RT I 2010, 43, 254
17.07.2010

15.12.2010
RT I, 30.12.2010, 1
01.01.2011

08.12.2011
RT I, 29.12.2011, 1
01.01.2012

27.03.2013
RT I, 17.04.2013, 1
27.04.2013

24.04.2013
RT I, 16.05.2013, 1
01.06.2013

19.02.2014
RT I, 13.03.2014, 4
01.07.2014

19.06.2014
RT I, 12.07.2014, 1
01.01.2015

19.06.2014
RT I, 29.06.2014, 109
01.07.2014, the ministers’ official titles have been replaced on the basis of subsection 107³ (4) of the Government of the Republic Act.

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of Act

(1) This Act provides the legal basis for organising the handling of chemicals, restricting economic activities that involve the handling of chemicals, and organising state supervision over the fulfilment of the requirements provided for in this Act and in the relevant regulations of the European Union with the aim of protecting human health, the environment and property and ensure the free movement of goods.
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]
(11) The requirements for and conditions of production, placing on the market and use of substances, on their own, in mixtures or in articles are set out in Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, pp. 1‑850) (hereinafter REACH Regulation).
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]
(12) This Act applies to substances, on their own, in mixtures and in articles, and to handling to the extent not regulated by regulations of the European Union.
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]
(2) The provisions of this Act also apply in areas concerning the handling of chemicals, which are regulated by other Acts insofar as such areas are not regulated by another Act.
(21) The requirements for the manufacture, use and technical inspection of equipment used in the handling of chemicals arise from the Pressure Equipment Safety Act, taking into account the specifications provided for in this Act.
(3) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking into account the specifications provided for in this Act.
[RT I 2003, 23, 144 – entry into force 01.04.2003]

§ 2.  Definitions

[RT I, 17.04.2013, 1 – entry into force 27.04.2013]
(1) The definitions used in this Act have the meaning specified in the relevant regulations of the European Union, unless otherwise provided for in this Act.
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]
(2) For the purposes of this Act, ‘chemical’ means a substance or mixture within the meaning of the REACH Regulation.
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]
(3) [Repealed – RT I, 17.04.2013, 1 – entry into force 27.04.2013]

§ 3.  Identification of chemicals

[Repealed – RT I, 17.04.2013, 1 – entry into force 27.04.2013]

§ 4.  Handling of chemicals

The handling of chemicals means the manufacturing, processing, packaging, storage, carriage, placing on the market and use of chemicals or any other activity relating to chemicals.
[RT I 2004, 75, 521 – entry into force 19.11.2004]

§ 41.  Placing on market of chemicals

(1) ‘Placing on market of chemicals’ means an activity by which a chemical is made accessible for a charge or without charge either for the purpose of distribution or putting into use by third parties. Import of chemicals to the territory of the European Union is also deemed the placing on the market of a chemical.
(2) A person responsible for placing on the market of a chemical is a supplier of the chemical for the purposes of the REACH Regulation.
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]
(3) A person responsible for placing on the market of a chemical has the right to place the chemical on the market if:
1) the hazardous properties of the chemical have been determined;
2) the risk arising from the chemical to health, the environment or property has been assessed;
3) the chemical has been identified, classified, packaged and labelled;
4) the notification requirements and other requirements arising from this Act and relevant legislation of the European Union are followed.
(4) The requirements for identification, classification, packaging and labelling of dangerous chemicals will be established by a regulation of the minister responsible for the field.
(41) Dangerous chemicals are classified, labelled and packaged in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, pp. 1‑1355) (hereinafter the CLP Regulation) or with the regulation of the minister responsible for the field specified in subsection (4) of this section.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(5) Detergents to be placed on the market must comply with Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents (OJ L 104, 08.04.2004, pp. 1‑35). A person applying for a derogation under the regulation for placing a detergent on the market must pay the state fee at the rate established in the State Fees Act before submitting a relevant application.
[RT I 2006, 28, 209 – entry into force 30.06.2006]

§ 5.  Dangerous chemicals

(1) Dangerous chemicals are chemicals that due to their intrinsic properties may cause damage to health, the environment or property.
(2) [Repealed – RT I 2004, 75, 521 – entry into force 19.11.2004]
(3) The minimum danger level of a chemical is the quantity of the chemical at which the chemical may cause damage to health, the environment or property.
(4) The threshold quantity of a dangerous chemical is the quantity of the chemical at which the handling of such chemical in an enclosed area may cause damage to the health of a person or the death of a person or another major accident with serious consequences.
(5) The procedure for recording dangerous chemicals will be established by a regulation of the minister responsible for the field
[RT I 2004, 75, 521 – entry into force 19.11.2004]

§ 6.  Dangerous enterprises and enterprises liable to be affected by major accident

(1) For the purposes of this Act, ‘dangerous enterprise’ means an establishment where chemicals are handled in a quantity exceeding the minimum danger level.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(2) [Repealed – RT I 2003, 23, 144 – entry into force 01.04.2003]
(3) For the purposes of this Act, ‘enterprise liable to be affected by major accident’ means an establishment where chemicals are handled in a quantity exceeding the threshold quantity.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(4) Enterprises liable to be affected by a major accident are divided into category B and A enterprises on the basis of the increase of the danger level and the threshold quantity established for the chemicals handled in the enterprises.
[RT I 2003, 23, 144 – entry into force 01.04.2003]
(5) The requirements applicable herein to enterprises liable to be affected by a major accident and to dangerous enterprises do not apply to:
1) national defence establishments;
2) establishments posing a hazard created by ionising radiation;
3) outside establishments, the carriage of dangerous chemicals by road, rail, sea, inland waterways and air, including loading and unloading and carriage to and from another means of transport at docks, wharves or marshalling yards;
4) outside establishments, the carriage of dangerous chemicals in pipelines, including pumping stations;
5) the handling of dangerous chemicals in mines, with the exception of chemical and thermal processing operations and storage related to those operations which involve dangerous substances;
6) the offshore exploration and mining of minerals;
7) landfills, except for processing waste deposit sites, including their tailing ponds and dams that contain dangerous chemicals.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]

§ 7.  Competent state authority

(1) [Repealed – RT I 2009, 49, 331 – entry into force 01.01.2010]
(2) The Health Board is the competent state authority whose functions under this Act are as follows:
[RT I 2009, 49, 331 – entry into force 01.01.2010]
1) [Repealed – RT I, 17.04.2013, 1 – entry into force 27.04.2013]
2) to perform administrative functions and make administrative decisions based on Regulation 689/2008/EC of the European Parliament and of the Council concerning the export and import of dangerous chemicals on banned and severely restricted chemicals (OJ L 204, 31.07.2008, pp. 1‑35);
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]
3) to ensure the communication of information related to intoxication to the population and medical staff and perform the functions in accordance with Article 45 of the CLP Regulation;
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]
4) to perform administrative functions and take administrative steps under Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents (OJ L 104, 08.04.2004, pp. 1‑35);
5) to perform the tasks allotted to competent authorities of the Member States under the REACH Regulation regarding substance evaluation, preparing dossiers in compliance with Annex XV to the REACH Regulation and performing other relevant administrative functions;
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]
6) to contribute to the work of the committees and the forum established under the REACH Regulation and to that of their working groups, and to cooperate with the European Commission and the European Chemicals Agency;
7) to perform the functions of the national helpdesk in accordance with Article 124 of the REACH Regulation and to provide advice to manufacturers, importers, downstream users and any other interested parties on their respective responsibilities and obligations under the Regulation, in particular in relation to the registration of substances;
[RT I 2009, 12, 74 – entry into force 27.02.2009]
8) to perform the functions imposed on the competent authorities of the Member States by the CLP Regulation regarding making proposals for harmonised classification and labelling of substances and performing other relevant administrative functions;
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]
9) to perform the functions of the national helpdesk in accordance with Article 44 of the CLP Regulation and provide advice to interested parties on their respective responsibilities and obligations under the CLP Regulation;
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]
10) to submit to the European Chemicals Agency a report on official inspections and other measures of ensuring fulfilment of the requirements of the REACH Regulation and CLP Regulation;
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]
11) to concert the monitoring of fulfilment of the requirements of the REACH Regulation and CLP Regulation.
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]
(3) [Repealed – RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(4) The competence of the Rescue Board includes performing the functions provided for in this Act for the purpose of preventing accidents in dangerous enterprises and enterprises liable to be affected by a major accident, informing the public, assessing the consequences of an accident and performing rescue work in the event of an accident as well as participating, within the limits of its competence, in respective international cooperation and exchanging information with the competent authorities of other states and with international organisations.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(5) The competence of the Technical Surveillance Authority includes performing the functions provided for in this Act in dangerous enterprises and enterprises liable to be affected by a major accident, and participating, within the limits of its competence, in respective international cooperation and exchanging information with the competent authorities of other states and with international organisations.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]

§ 8.  Chemical Safety Commission

(1) The Government of the Republic will form the Chemical Safety Commission comprising representatives of government agencies and other experts.
(2) The functions of the Chemical Safety Commission:
1) to assess current problems concerning chemical safety in the Republic of Estonia and the European Union;
2) to evaluate and provide opinions on the chemical safety policy and strategies in the Republic of Estonia and the European Union;
3) to make proposals to government agencies for development and application of chemical safety strategies;
4) to assess legislation and draft legislation governing chemical safety;
5) to make proposals to the minister responsible for the field for carrying out chemical safety surveys, publishing chemical safety publications, organising chemical safety training and harmonising chemical safety terminology;
6) to exchange information and make proposals for coordinating the activity of different institutions in the field of chemical safety.
[RT I 2004, 75, 521 – entry into force 19.11.2004]

Chapter 2 ORGANISATION OF HANDLING OF CHEMICALS 

§ 9.  [Repealed – RT I 2004, 75, 521 – entry into force 19.11.2004]

§ 91.  Good laboratory practices

(1) Good laboratory practices must be adhered to in the non-clinical studies of the safety to health and the environment of all chemicals, including medicinal products, veterinary medicinal products, cosmetic products, pesticides, food additives and substances that are ingredients in additives in feedingstuffs in order to guarantee the reliability and comparability of the results obtained by laboratories observing good laboratory practices and the mutual recognition of the results so obtained.
(2) Good laboratory practices constitute a quality system that regulates the planning, conduct, recording and reporting of non-clinical studies of the safety of substances to health and the environment, and the preparation of documentation and preservation of materials related to such studies.
(3) Non-clinical study of the safety of substances to health and the environment (hereinafter study) means a test or a series of tests in the process of which a substance is studied under laboratory conditions or in the field with the aim to obtain information concerning the physical and chemical properties of the substance and the danger it presents to health and the environment, and the results of which are subject to submission to the relevant authorities for the assessment and management of the risks arising from the chemicals and for the establishment of necessary legislation.
(4) Laboratories that have the right to conduct studies must comply with the requirements of good laboratory practices and in the conduct of tests as well as adhere to the requirements and procedure established for good laboratory practices by a regulation of the minister responsible for the field.
(5) By a public law contract concluded under the Administrative Cooperation Act, the minister responsible for the field will authorise an agency internationally recognised in the field of assessment of quality management systems to act as an agency that assesses and certifies the compliance of laboratories conducting non-clinical health and environmental safety studies (hereinafter good laboratory practices control authority).
(6) In its operation, the good laboratory practices control authority must follow the requirements for assessment and certification of compliance with the requirements of good laboratory practices which will be established by a regulation of the minister responsible for the field.
(7) The functions of the good laboratory practices control authority are as follows:
1) to prepare an action plan for the assessment and inspection of the compliance with the requirements of laboratories following good laboratory practices and situated in the Republic of Estonia; such plan will be approved by the minister responsible for the field;
2) to assess the compliance of laboratories observing good laboratory practices with the requirements established for good laboratory practices, and issue written certificates in proof of compliance with the requirements set for good laboratory practices (hereinafter certificates);
3) to verify, after having issued a certificate in proof of compliance with the requirements established for good laboratory practices to a laboratory, the continuing conformity of the laboratory to the requirements set for good laboratory practices at least once during every two calendar years;
4) in addition to the regular inspections provided in clause 3) of this subsection, to carry out special inspections of laboratories following good laboratory practices where necessary;
5) to inform the Ministry of Social Affairs about deficiencies detected upon inspection;
6) to suspend the validity of the certificate or revoke the certificate if it has established that the laboratory violates the good laboratory practices;
7) to submit a report concerning its activities in the area of good laboratory practices during the past year to the Ministry of Social Affairs by the end of the second month of the current year;
8) to ensure, in compliance with the requirements provided by the Archives Act, the preservation of the documents related to the assessment and certification of compliance with the requirements established for good laboratory practises;
9) to ensure the confidentiality of trade secrets learned upon inspection.
(8) If one of the parties to the public law contract terminates the contract, or any other circumstance arises that prevents the control authority specified in subsection (6) of this section from performing its administrative function, the Ministry of Social Affairs will organise further performance of the administrative function.
(9) Expenses relating to the performance of the administrative functions will be covered from the state budget via the Ministry of Social Affairs, except for expenses arising from the direct assessment and certification of the compliance of the laboratories carrying out the surveys with the good laboratory practices. Such expenses of the good laboratory practices control authority will be paid by the laboratory whose compliance with the requirements for good laboratory practices is assessed and certified.
[RT I 2006, 28, 209 – entry into force 30.06.2006]

§ 10.  Determination of hazards of chemicals, assessment of risk and classification

(1) The hazards of a chemical is determined and the risks related thereto are assessed based on the physical and chemical properties as well as the health and environmental hazards of the chemical.
(2) Tests required for determining the dangerous properties of a chemical will be carried out in accordance with Article 13 of the REACH Regulation and Commission Regulation (EC) No 440/2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 142, 31.05.2008, pp. 1‑739). The health and environmental hazards of mixtures are also determined by conventional methods.
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]
(3) [Repealed – RT I 2009, 12, 74 – entry into force 27.02.2009]
(4) Chemicals are classified by the dangerous properties characteristic of them, taking account of the risk involved in using the chemicals.
(5) The list of harmonised classification of hazardous chemical substances along with the respective classification details and labelling has been set out in Part 3 of Annex VI to the CLP Regulation.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(6) Substances not listed in Part 3 of Annex VI to the CLP Regulation specified in subsection (5) of this section are classified in accordance with the regulation of the minister responsible for the field specified in subsection (4) of § 41 of this Act or in accordance with the CLP Regulation.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(7) [Repealed – RT I 2009, 12, 74 – entry into force 27.02.2009]
(8) [Repealed – RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(9) [Repealed – RT I 2009, 12, 74 – entry into force 27.02.2009]

§ 11.  Organisation of handling of dangerous chemicals

(1) [Repealed – RT I, 30.12.2010, 1 – entry into force 01.01.2011]
1) [Repealed – RT I 2004, 75, 521 – entry into force 19.11.2004]
2) [Repealed – RT I 2003, 23, 144 – entry into force 01.04.2003]
3) [Repealed – RT I 2009, 12, 74 – entry into force 01.06.2009]
4) [Repealed – RT I 2006, 28, 209 – entry into force 30.06.2006]
(2) The following will be established by a regulation of the minister responsible for the field:
1) [Repealed – RT I 2004, 75, 521 – entry into force 19.11.2004]
2) requirements for storage facilities for and places of loading, unloading and transhipment of chemicals, and for other structures necessary for handling of chemicals, and special requirements for handling ammonium nitrate;
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]
3) requirements for means of transport based on the hazards of chemicals;
4) the minimum danger level of chemicals, the threshold quantities of dangerous chemicals, the hazard category of enterprises liable to be affected by a major accident and the procedure for identification of dangerous enterprises;
5) the curricula of the training, qualification requirements and the form of certificates of training for safety advisers.
(3) [Repealed – RT I 2003, 23, 144 – entry into force 01.04.2003]
(4) Requirements for the mandatory documentation of dangerous enterprises and enterprises liable to be affected by a major accident, preparation of such documentation, information to be communicated to the public and provision of information about an accident will be established by a regulation of the Government of the Republic.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(5) [Repealed – RT I 2004, 75, 521 – entry into force 19.11.2004]
(6) [Repealed – RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(7) [Repealed – RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(8) [Repealed – RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(9) [Repealed – RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(10) [Repealed – RT I, 30.12.2010, 1 – entry into force 01.01.2011]

§ 111.  Restriction on transit of high nitrogen ammonium nitrate

(1) High nitrogen ammonium nitrate may be brought to the customs territory of Estonia by way of transit only if it complies with the requirements established in this section.
(2) High nitrogen ammonium nitrate is solid ammonium nitrate both as a substance as well as in the composition of a mixture that contains more than 28 mass per cent of ammonium nitrate‑based nitrogen.
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]
(3) The requirements of this section do not apply to ammonium nitrate used as an explosive substance under the Explosive Substances Act.
(4) Ammonium nitrate specified in subsection (2) of this section must have passed a test of resistance to detonation in accordance with Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers (OJ L 304, 21.11.2003, pp. 1‑194) (hereinafter Fertiliser Regulation).
(5) The test of resistance to detonation must be taken and the passing of the test must be assessed in accordance with the relevant provisions of Annex III to the Fertiliser Regulation and in a laboratory approved for such tests in accordance with the Fertiliser Regulation. If a test is taken outside the European Community, the test can be taken and a relevant document issued by an internationally recognised laboratory that has been accredited in accordance with requirements equal to those specified in the Fertiliser Regulation.
(6) A document certifying resistance to detonation will be valid for 180 calendar days as of the date of taking the test.
(7) At a border crossing point, the possessor of goods must submit to the Tax and Customs Board the relevant document certifying the passing of the test of resistance to detonation issued by the laboratory that took the test or a certified copy thereof along with the customs declaration.
(8) Along with the document certifying resistance to detonation, the possessor of goods must submit to the Tax and Customs Board a document allowing for the identification of the batch, indicating the ammonium nitrate-based nitrogen in the product, the product quantity of the batch, the date of production and other relevant information for identifying the batch.
[RT I 2009, 12, 74 – entry into force 01.10.2009]

§ 12.  [Repealed – RT I 2010, 43, 254 – entry into force 17.07.2010]

§ 13.  [Repealed – RT I, 30.12.2010, 1 – entry into force 01.01.2011]

§ 131.  Duties of dangerous enterprises and enterprises liable to be affected by major accident

(1) A person handling dangerous chemicals must determine the hazardousness of the enterprise based on the maximum possible quantity of the chemicals handled.
(2) Based on the hazardousness of the enterprise, the person must draw up the following documents:
1) if the enterprise belongs to major accident-hazard category A, a data sheet, risk analysis, safety report and emergency plan;
2) if the enterprise belongs to major accident-hazard category B, a data sheet, risk analysis, description of the safety management system and emergency plan;
3) if the enterprise is a dangerous enterprise, a risk analysis and emergency plan.
(3) The measures for prevention of accidents and controlling damage in the event of an accident set out in the risk analysis, safety report, emergency plan and safety management system must be taken in a dangerous enterprise and an enterprise liable to be affected by a major accident.
(4) The documents specified in subsection (2) of this section must be kept up to date. These documents must be examined and, where necessary, updated:
1) at least once every five years, thereby the emergency plan of the enterprise must be updated at least once every three years;
2) if new circumstances, including changes in the enterprise, justify it;
3) if it is necessary, taking into account new technical knowledge about safety, which has been acquired by analysing accidents or near-accident events and the development of knowledge about assessing hazards.
(5) The documents specified in subsection (2) of this section must be concerted with the competent authority. The competent authority is:
1) the Technical Surveillance Authority in the event of a data sheet and safety management system;
2) the Rescue Board in the event of an emergency plan of an enterprise;
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
3) the Technical Surveillance Authority in cooperation with the Rescue Board in the event of a risk analysis and safety report.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(6) The documents specified in subsection (2) of this section must be submitted for concertation within a reasonable amount of time before the implementation of the changes contemplated therein, which result in a major-accident hazard or an increase of such hazard. The electronic submission of documents is preferable.
(7) The Technical Surveillance Authority and the Rescue Board will concert the document within 60 working days after the date of submission of the document or, in the event of a data sheet, within 14 working days. The time limit may be extended once by up to 30 working days. If the need to organise environmental impact assessment has become clear upon reviewing a document, the time limit for concertation may be extended until the environmental impact assessment report has been drawn up. The concertation is not deemed to be granted tacitly.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(8) In the course of approval, the compliance of the submitted documents with the requirements provided by law is verified and thereby it is verified whether:
1) the hazardousness of the enterprise has been properly determined;
2) the planned measures are sufficient for preventing an accident and reducing negative consequences in the event of an accident;
3) upon making such changes in a dangerous enterprise or in an enterprise liable to be affected by a major accident, which result in a major-accident hazard or an increase thereof, the risks posed to the surroundings and the sufficiency of the measures taken to reduce these risks have been taken into account;
4) it is necessary to initiate environmental impact assessment in accordance with the Environmental Impact Assessment and Environmental Management System Act.
(9) The competent authorities cooperate upon performance of their functions, thereby exchanging information on the documents specified in this section and on the approval of the documents.
Information about approved data sheets, safety reports, descriptions of safety management systems, risk analyses and emergency plans of enterprises must be submitted to the local authority of the location of the enterprise.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]

§ 132.  Informing public

(1) In the case of an enterprise liable to be affected by a major accident, a person handling a dangerous chemical must preventively inform the public and the persons who may be located in the accident impact zone about the hazard arising from the enterprise, safety precautions and advisable of behaviour in the event of an accident.
(2) In the event of an accident in a dangerous enterprise or an enterprise liable to be affected by a major accident, a person handling a dangerous chemical must immediately inform the persons located in the impact zone of the accident about the accident.
(3) A person who operates an enterprise liable to be affected by a major accident must make the safety report available to any person who wishes to access the report. If the safety report contains trade secrets, sensitive personal data or data of importance in terms of national security, the person will, if necessary, prepare a version of the safety report omitting such data. Such version of the safety report will also be submitted to the Technical Surveillance Authority.
(4) If a change planned in the handling of a dangerous chemical results in exposure to a major‑accident hazard or a substantial increase thereof, environmental impact assessment will ensure that the public and the local authority are given the chance to express their opinion before implementing it.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]

§ 133.  Liability insurance of operator of enterprise liable to be affected by major accident

(1) A person operating an enterprise liable to be affected by a major accident (hereinafter policyholder) must have liability insurance for indemnifying non-contractual and unlawful damage that may be caused to a third party (hereinafter injured party) upon handling a chemical in the enterprise.
(2) A liability insurance contract must comply with the following terms and conditions:
1) the insurance contract has been made with the insurer who has the right to insure an insurable risk located in Estonia;
2) the insurance contract covers at least direct material damage and, in the event of damage to health, physical injury or the causing of death, also the loss of profit, unless otherwise provided by law;
3) the insured event is an unexpected occurrence relating to the handling of a chemical that the policyholder is in charge of, which arises from the properties of the handled chemical and as a result of which the damage specified in subsection (2) of this section has been caused to the injured party.
(3) The policyholder must choose a sum insured that is reasonable, considering the place of business relating to handling chemicals, the quantity and the manner of handling of chemicals, the scope of the operations and of possible damage arising therefrom, and other circumstances. The sum insured must be sufficient to cover at least the requirements regulated in subsection (2) of this section. The sum insured must not be smaller than 400 000 euros.
(4) A liability insurance contract concluded on the basis of this Act does not have to cover damage caused:
1) by the worsening of the quality of the environment by the policyholder, except for reasonable expenses relating to first rescue operations for elimination of initial damage and prevention of greater damage;
2) to property in the possession of the policyholder;
3) due to a defective product in the possession of the injured party whereby the provisions of § 1061 of the Law of Obligations Act apply;
4) as a result of an insured event wilfully caused by the injured party.
(5) An insurer has the right to refuse to conclude a liability insurance contract if the policyholder refuses to submit a risk analysis and other evidence that allows for identifying the circumstances that the insurer considers important for assessing the insurable risk.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]

§ 134.  Licence obligation

(1) Chemicals may be handled in dangerous enterprises and in enterprises liable to be affected by a major accident only on the basis of an activity licence.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(2) An activity licence is not required under this Act if dangerous chemicals are handled on the basis of an integrated environmental permit issued under the Industrial Waste Act or on the basis of an operating permit of an explosive substances plant or explosive substances warehouse issued under the Explosive Substances Act. This does not preclude other duties arising from this Act.
[RT I, 16.05.2013, 1 – entry into force 01.06.2013]

§ 135.  Applying for activity licence

(1) To obtain an activity licence, an application must be submitted to the Technical Surveillance Authority. An application must contain:
1) the name and contact details of the applicant;
2) the date of submission of the application and the signature of the applicant;
3) the documents specified in subsection (2) of § 131 of this Act.
(2) A state fee must be paid for reviewing an application of an activity licence.
(3) The Technical Surveillance Authority will resolve an application for an activity licence by granting an activity licence or refusing to grant an activity licence. The time limit for reviewing an application for an activity licence is 60 working days as of the date of receipt of all the required documents. The time limit for reviewing an application may be extended once by up to 30 working days. If the need to organise environmental impact assessment has become clear upon reviewing an application for an activity licence, the time limit for approval may be extended until the environmental impact assessment report has been drawn up. An activity licence is not deemed to be granted tacitly.
(4) The Technical Surveillance Authority will send the risk analysis, safety report and emergency plan of the enterprise to the Rescue Board. The Rescue Board will approve the risk analysis, safety report and emergency plan of the enterprise or refuse to approve them, stating the reasons for the refusal, within 30 working days as of the receipt of the documents. The time limit may be extended once by up to 30 working days. If the need to organise environmental impact assessment has become clear upon reviewing a document, the time limit of approval may be extended until the environmental impact assessment report has been drawn up. The approval is not deemed to be granted tacitly.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(5) The requirements provided for in § 131 of this Act apply to approval.
(6) [Repealed – RT I, 17.04.2013, 1 – entry into force 27.04.2013]
(7) [Repealed – RT I, 17.04.2013, 1 – entry into force 27.04.2013]

§ 136.  Object of inspection of activity licence

An activity licence will be granted to a person if it has been identified upon reviewing an application that the operation of a dangerous enterprise or an enterprise liable to be affected by a major accident, which is covered by the application, is possible, given the surroundings of the enterprise, the hazard arising from the enterprise and the likelihood of realisation thereof, and if:
1) the documents specified in subsection (2) of § 131 of this Act comply with the requirements;
2) upon making such changes in the dangerous enterprise or in the enterprise liable to be affected by a major accident, which result in a major-accident hazard or an increase thereof, the risks posed to the surroundings have been taken into account and sufficient measures have been taken to reduce these risks.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]

§ 137.  Suspension and revocation of activity licence

(1) If a ground for revoking an activity licence becomes evident, the Technical Surveillance Authority may, given the weight of the circumstances, temporarily suspend the validity of the activity licence. The validity of the activity licence will be suspended until the reason serving as the basis thereof has lapsed.
(2) The Technical Surveillance Authority may, given the weight of the circumstances, revoke an activity licence if:
1) the person has given false information;
2) the person has repeatedly or substantively violated the safety requirements and thus caused a real risk of an accident;
3) the activities of the person in the enterprise no longer correspond to the activities described in the documents serving as the basis for issuing an activity licence and the hazards have clearly increased as a result of such activities and the person has failed to inform about the changed activities within the prescribed time limit and in accordance with the prescribed procedure;
4) by the activities, the person has caused serious harm to the overriding public interests or a hazard that did not exist or was unknown at the time of granting the activity licence, outweighs the person’s interest in continuing the operations and cannot be eliminated by amending the activity licence.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]

§ 138.  Consequences of suspension and revocation of activity licence

(1) In the event of suspension or revocation of an activity licence, the person in charge of handling a chemical in an enterprise must ensure the safety of the enterprise. The handling of the chemical may be continued only to the extent required for ensuring safety.
(2) If a circumstance serving as the basis for suspension of an activity licence has not been eliminated or lapsed within the period of suspension of the activity licence, the Technical Surveillance Authority will revoke the activity licence.
(3) To fulfil the requirement provided for in subsection (1) of this section, the Technical Surveillance Authority may apply substitutive enforcement in accordance with the procedure provided for in the Substitutive Enforcement and Penalty Payment Act.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]

§ 14.  Special requirements upon planning land use and designing construction works

(1) A local authority takes risks arising from enterprises liable to be affected by a major accident into account upon drawing up and establishing comprehensive plans and detailed plans as well as upon granting building permits. Thereby:
1) enterprises where the probability of a major accident or the severity of the consequences thereof may increase due to the vicinity of the enterprises to other dangerous enterprises or enterprises liable to be affected by a major accident must be identified;
2) buildings and facilities, such as highways, public places and residential areas located in the vicinity of existing enterprises must be taken into account if the location of the buildings and facilities may increase the probability of a major accident or the severity of the consequences of a major accident;
3) the informing of the public must be ensured in the event of an increase of the risk of a major accident or the severity of the consequences thereof.
(2) The local authority will submit the comprehensive plan and detailed plan to the Rescue Board for concertation and submit the building plan to the Rescue Board for approval:
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
1) upon selection of the location for a new enterprise liable to be affected by a major accident;
2) upon expanding the operations or production facilities of an existing enterprise liable to be affected by a major accident;
3) upon planning an area located in the danger zone of an enterprise liable to be affected by a major accident or upon planning construction works there.
(3) Upon assessment of the situation specified in subsection (2) of this section, the Rescue Board will point out the following circumstances for the local authority:
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
1) whether the plan or construction works increase the major-accident hazard or the severity of the consequences thereof;
2) upon increasing the major-accident hazard or the severity of the consequences thereof, the area located in the danger zone;
3) whether the measures planned for preventing accidents in the enterprise are sufficient;
4) whether the enterprise must submit additional information to the local authority and the Rescue Board before the approval of the plan or issuance of the building permit.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
5) Recommendations of the Rescue Board for reduction of major-accident hazards and other circumstances.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]

§ 15.  Conditions for handling chemicals

(1) The handler of a chemical must:
1) implement the necessary measures for the prevention of damage, which may arise from the chemical during handling of the chemical, taking into account the quantity and hazards of the chemicals;
2) maintain records on dangerous chemicals handled and preserve the records for ten years;
3) [Repealed – RT I, 17.04.2013, 1 – entry into force 27.04.2013]
4) [Repealed – RT I, 30.12.2010, 1 – entry into force 01.01.2011]
5) immediately inform the Rescue Board, the Technical Surveillance Authority and the rural municipality or city government of pollution or an accident.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
6) [Repealed – RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(2) The maintenance of records on chemicals specified in clause 2) of subsection (1) of this section must indicate the movement of each quantity of chemicals in an enterprise from the acquisition of the chemicals up to the processing, delivery or rendering harmless of the chemicals.
(3) [Repealed – RT I, 17.04.2013, 1 – entry into force 27.04.2013]
(31) If the activities of a handler of chemicals include the carriage of dangerous chemicals by road, rail or inland waterway, or the packaging of, loading of, filling with or unloading of dangerous chemicals related thereto, the handler must designate a safety adviser who is responsible for the prevention of dangers arising from such activities to persons, property or the environment and knows the activities and procedures that ensure safety. A safety adviser must undergo a training course for safety advisers and pass a corresponding examination.
(4) [Repealed – RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(41) Importers and downstream users placing dangerous mixtures on the market must, before commencing the placing of a mixture on the market in the Republic of Estonia, submit to the Health Board information in accordance with Article 45 of the CLP Regulation, which will be used for the purpose of developing and implementing measures for prevention and treatment of intoxication. For the same purpose, the person in charge of placing detergents on the market must submit to the Health Board the information specified in Article 9(3) of Regulation (EC) No 648/2004 of the European Parliament and of the Council.
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]
(5) [Repealed – RT I 2002, 53, 336 – entry into force 01.07.2002]
(6) [Repealed – RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(7) In the event of termination of activities, an undertaking is liable for the safety of the chemicals in the possession of the undertaking until such chemicals are transferred to a new possessor, to whom the requirements of this Act apply from the moment of acceptance of the chemicals.
[RT I 2006, 28, 209 – entry into force 30.06.2006]

§ 16.  Restriction on storage and acquisition of chemicals

(1) If a natural person is not registered in the commercial register as an undertaking, they may only acquire and store chemicals that are available in retail trade.
(2) The storage and handling of chemicals specified in subsection (1) of this section must not cause danger to the storer, the handler, fellow human beings, property or the environment.
(3) [Repealed – RT I 2006, 28, 209 – entry into force 30.06.2006]

Chapter 3 SAFETY REQUIREMENTS 

§ 17.  General safety requirements

(1) The handler of a chemical must have the necessary information concerning the physico-chemical properties, hazards, safety requirements and rendering harmless of such chemical.
(2) The handler of a chemical must adhere to the safety requirements established for the handling of the chemical. An undertaking must create the conditions in the enterprise for adherence to the safety requirements.
(3) The qualifications of persons engaged in the handling of dangerous chemicals must include:
1) knowledge of the properties of the chemical being handled based on the method of handling;
2) the ability to identify the hazards of a chemical on the basis of safety data sheets, the labelling on packaging and other information;
3) knowledge of the dangers related to the handling of a chemical;
4) the ability to use primary emergency equipment in practice and to give emergency medical aid;
5) knowledge of technical safety measures and measures for the protection of health and the environment.
(4) An undertaking is liable for the qualifications of persons in the service of the undertaking who are engaged in the handling of dangerous chemicals.
(5) In the event of pollution arising from a chemical, the handler must eliminate the pollution, remedy the cause of the pollution, inform an environmental supervision agency and compensate for the damage caused.

§ 18.  Requirements for packaging and labelling of chemicals

(1) The packaging of a dangerous chemical must be duly labelled for the purpose of ensuring the safe handling of the chemical and be durable for preventing the leakage of the chemical from the packaging.
(2) The sales packaging of a dangerous chemical and the labelling thereof must comply with the requirements of the legislation established on the basis of subsection (4) of § 41 of this Act or the CLP Regulation. Information obtained upon application of Articles 12 and 13 of the REACH Regulation must be taken into account with regard to substances registered in accordance with the REACH Regulation.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]
(21) The transportation packaging of a dangerous chemical and the labelling thereof must comply with the international packaging and labelling requirements for dangerous goods carried by rail, road, waterways and air. If a chemical is carried in sales packaging, it must be labelled in accordance with the requirements established for international carriage of dangerous goods as well as sales packaging.
(3) If the packaging of a chemical or information concerning a chemical does not enable the safe handling of the chemical, the chemical will be removed from handling on the initiative and at the expense of the owner in accordance with the Waste Act.
(4) A chemical may only be retailed in sealed original packaging labelled in accordance with requirements or with the help of equipment prescribed for such purpose.
[RT I 2006, 28, 209 – entry into force 30.06.2006]
(5) The labelling of a chemical designated for placing on the market must be in Estonian. By way of derogation, it is permitted to deliver to a research and development user a chemical that is labelled in another language understandable to the recipient and complies with the requirements of the CLP Regulation.
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]

§ 19.  Chemical safety data sheet

[Repealed – RT I, 17.04.2013, 1 – entry into force 27.04.2013]

Chapter 4 NOTIFICATION OF CHEMICALS 
[Repealed - RT I, 17.04.2013, 1 - entry into force 27.04.2013]

§ 20. – § 22. [Repealed – RT I, 17.04.2013, 1 – entry into force 27.04.2013]

Chapter 5 STATE SUPERVISION 
[RT I, 13.03.2014, 4 - entry into force 01.07.2014]

§ 23.  [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]

§ 231.  State supervision

(1) The following law enforcement agencies exercise, within the limits of their competence, supervision over the compliance with the requirements of this Act and legislation established on the basis thereof as well as over the compliance with the requirements of the relevant regulations of the European Parliament and of the Council regarding substances, mixtures, articles containing substances and mixtures and handling such articles:
1) the Technical Surveillance Authority over the requirements for record keeping of chemicals, objects of inspection of activity licences and liability insurance, which apply to dangerous enterprises and enterprises liable to be affected by a major accident;
2) the Rescue Board over the prevention of accidents in dangerous enterprises and enterprises liable to be affected by a major accident, alleviating the consequences of possible accidents and informing the public;
3) the Labour Inspectorate over the compliance with the requirements established by the REACH and CLP Regulations to downstream users of substances and mixtures and over the compliance by downstream users with the requirements established to substances, mixtures and articles; over the compliance with the occupational health and safety requirements in enterprises handling chemicals and over record keeping of dangerous chemicals;
4) the Environmental Inspectorate over the compliance with the requirement for registration and authorisation of substances established by the REACH Regulation, compliance with the chemical safety data sheet and the exposure scenarios set out therein; over the compliance with the labelling and packaging requirements established by the CLP Regulation and over the compliance with other relevant requirements for handling chemicals dangerous to the environment at the objects of supervision of its field;
5) the Consumer Protection Board over the compliance with the requirements established by the REACH and CLP Regulations for labelling and packaging substances and mixtures in retail trade, over the compliance with the restrictions imposed by Annex XVII of the REACH Regulation for the marketing and use of substances, mixtures and articles in retail trade and over the compliance with the requirements established by Regulation (EC) No. 648/2004 of the European Parliament and of the Council for marketing detergents in retail trade;
6) the Health Board over the compliance with the obligations and requirements imposed by the REACH and CLP Regulations on the manufacturers and importers of substances and mixtures and makers of articles as well as over the compliance with requirements established to substances, mixtures and articles at their manufacturer and importer; over the compliance with the requirements established by Regulation (EC) No. 648/2004 of the European Parliament and of the Council for marketing detergents; over the compliance with the obligations established by Regulation (EC) No. 689/2008 of the European Parliament and of the Council for exporters and importers, the category and area of use of imported chemicals and record keeping of dangerous chemicals;
7) the Ministry of Social Affairs over the performance of the administrative functions specified in subsections § 91 (5) and (6) of this Act.
(2) The Tax and Customs Board verifies, in accordance with Article 17 of Regulation (EC) No. 689/2008 of the European Parliament and of the Council, the compliance with the requirements for the export and import of the chemicals listed in Annex I to the Regulation and the requirements for the export of the chemicals listed in Annex V to the Regulation and the document specified in §111 of this Act, which certifies resistance to detonation of ammonium nitrate.
(3) Law enforcement agencies exercising supervision over the compliance with the requirements of the REACH and CLP Regulations submit to the Health Board, at the request of the latter, the data required in Article 127 of the REACH Regulation for drawing up a report specified in Article 117 and the data required for drawing up a report specified in Article 46 of the CLP Regulation.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 232.  Special measures of state supervision

A law enforcement agency may, for the purpose of exercising the state supervision provided for in this Act, take special measures of state supervision provided for in §§ 30, 31, 32, 45, 49, 50 and 51 of the Law Enforcement Act on the grounds and in accordance with the procedure provided for in the Law Enforcement Act.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 233.  Specifics of state supervision

When chemicals and articles containing them enter the Community market, the Tax and Customs Board verifies in accordance with the requirements of Section 3 of Regulation (EC) No. 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93, whether a registration or authorisation in accordance with the REACH Regulation exists and verifies the import of the substances, mixtures and articles whose distribution is banned under Annex XVII of the Regulation.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 234.  Use of direct coercion

The Environmental Inspectorate is authorised to use physical force on the grounds and in accordance with the procedure established in the Law Enforcement Act.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 235.  Rate of penalty payment

In the event of failure to comply with a precept the maximum coercive payment imposed in accordance with the procedure provided for in the Substitutive Enforcement and Penalty Payment Act is 32 000 euros.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 24.  Supervision

[Repealed – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

Chapter 51LIABILITY 
[RT I 2002, 63, 387 - entry into force 01.09.2002]

§ 241.  Violation of requirements for recording dangerous chemicals

(1) Failure to record dangerous chemicals or existence of serious deficiencies in recording dangerous chemicals is punishable by a fine of up to 200 fine units.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]
(2) The same act, if committed by a legal person, is punishable by a fine of up to 2600 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 242.  Violation of requirements for handling and safety of chemicals

[RT I, 17.04.2013, 1 – entry into force 27.04.2013]
(1) Violation of the requirements for handling and safety of chemicals established in this Act and in regulations established on the basis thereof, requirements for placing on the market of detergents and surface activity substances used therein established in Regulation (EC) No 648/2004 of the European Parliament and of the Council and requirements for the export and import of dangerous chemicals established in Regulation (EC) No 689/2008 of the European Parliament and of the Council is punishable by a fine of up to 300 fine units.
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]

§ 243.  [Repealed – RT I 2009, 12, 74 – entry into force 27.02.2009]

§ 244.  Violation of requirements established by REACH Regulation

(1) Violation of the requirements established by the REACH Regulation is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 23 000 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 245.  [Repealed – RT I, 30.12.2010, 1 – entry into force 01.01.2011]

§ 246.  Violation of requirements established for dangerous enterprises and enterprises liable to be affected by major accident

(1) Handling a dangerous chemical not specified the data sheet by a dangerous enterprise or an enterprise liable to be affected by a major accident or handling a dangerous chemical by the same in a quantity that considerably exceeds the quantity specified in the data sheet as well as violation of other requirements established for such an enterprise, if it posed a threat to human life, health, property or the environment, is punishable by a fine of up to 300 fine units.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]
(2) The same act, if committed by a legal person, is punishable by a fine of up to 3200 euros.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]

§ 247.  Violation of requirements for classification, labelling and packaging of chemicals

(1) Violation of requirements for classification, labelling and packaging of chemicals arising from the CLP Regulation is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, is punishable by a fine of up to 8400 euros.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]

§ 248.  Proceedings

(1) [Repealed – RT I, 12.07.2014, 1 – entry into force 01.01.2015]
(2) Extrajudicial proceedings of the misdemeanours provided for in §§ 241, 242, 244 and 247 of this Act are conducted, within the limits of their competence, by:
1) the Labour Inspectorate;
2) the Environmental Inspectorate;
3) the Consumer Protection Board;
4) the Health Board.
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]
(3) Extrajudicial proceedings of the misdemeanours provided for in §§ 241 and 246 of this Act are conducted by the Technical Surveillance Authority.
(4) Extrajudicial proceedings of misdemeanours provided for in § 246 of this Act are conducted by the Rescue Board.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(5) Extrajudicial proceedings of the misdemeanours provided for in § 242 of this Act are conducted by the Tax and Customs Board.
[RT I, 17.04.2013, 1 – entry into force 27.04.2013]

§ 249.  Transitional provisions

(1) A person whose economic activities involve operating an enterprise liable to be affected by a major accident must bring their liability insurance contract into compliance with law by 1 December 2011.
(2) Not later than by 1 January 2012, the Technical Surveillance Authority will draw up an activity licence for a person that, as of 31 December 2010, is included in the list of enterprises liable to be affected by a major accident and complies with the requirements arising from this Act. An activity licence under this Act will not be drawn up if the enterprise holds an integrated environmental permit or a permit to operate an explosive substances plant or an explosive substances warehouse. No state fee will be charged for a licence drawn up on the basis of this subsection.
(3) Activity licences for dangerous enterprises will be drawn up not later than by 1 January 2015. An activity licence under this Act will not be drawn up if the enterprise holds an integrated environmental permit or a permit to operate an explosive substances plant or an explosive substances warehouse.
[RT I, 30.12.2010, 1 – entry into force 01.01.2011]

Chapter 6 IMPLEMENTING PROVISIONS 

§ 25.  Entry into force of Act

(1) Clause 3) of subsection 1 of § 15 and §§ 18, 20 and 21 of this Act will enter into force two years after the entry into force of this Act.
(2) Subsection (4) of § 19 of this Act will enter into force on 1 May 2006.
[RT I 2004, 75, 521 – entry into force 19.11.2004]
(3) Section 111 of this Act will enter into force on 1 October 2009.
[RT I 2009, 12, 74 – entry into force 27.02.2009]
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