Ordinance amending the Ordinance on special duties for manufacturers, suppliers and importers etc. of substances and materials in accordance with the law on occupational safety
(Changes as a result of the REACH regulation)
In executive order No. 559 of 4. July 2002 on special duties for manufacturers, suppliers and importers etc. of substances and materials in accordance with the law on the working environment, as amended by Decree No. 162 of 11. March 2004, Executive Order No. 229 of 1. April 2004 and Decree No. 497 of 27. May 2004 shall be amended as follows:
1. The introductory part shall be replaced by the following: ' under section 35, paragraph 1, article 49, paragraph 1, section 49 (a), paragraphs 1-3, paragraph 49 (b) and section 84 of the Act on the working environment, as well as under the authority, pursuant to section 73 of the basic regulation. lovbekendtgørelse nr. 268 of 18. March 2005, and pursuant to section 32 a of the Act on administrative procedures, see. Act No. 571 of 19. December 1985, as amended by Act No. 215 of 22. April 2002, lays down: '
2. Footnote shall be replaced by the following: ' the Ordinance contains provisions, which implements certain provisions of Council Directive No. 2003/53/EC of 18. on 26 June 2003. Amendment of Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (nonylphenol, nonylphenol ethoxylate and cement), the official journal of the European Communities 2003 L 178, p. 24. '
3. section 14 shall be replaced by the following: ' § 14. The supplier shall be listed in § 1, paragraph 2, no. 2 and nr. 3, the said substances and materials which are not covered by article 31 of the European Parliament and Council Regulation (EC) No 1782/2003. 1907/2006 (REACH), prepare safety data sheets and provide the consignee of these substances and materials with this in accordance with article 31 and annex II of this regulation, with the exception of point 12 on environmental information and point 13 on matters relating to disposal.
(2). The safety data sheet shall be written in Danish. '
4. section 15 is replaced by the following: ' § 15. The Director of the labour inspectorate may, where special circumstances exist, allow derogations from the provisions of this Ordinance, when it is deemed reasonable and defensible. "
5. Article 17 is replaced by the following: ' article 17. Unless a higher penalty is inflicted by law OSH or other legislation are punishable by fine or imprisonment for up to 2 years the who
1) violates section 4, paragraph 2, article 5, paragraphs 1 and 2, §§ 6 – 8, section 11, section 13 and section 14,
2) fails to comply with the injunction granted in accordance with the notice provisions, or
3) takes precedence over conditions for authorisations granted in accordance with the provisions of the Executive order.
(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter. '
6. In section 18 is inserted as new paragraph 5:
' (5). Executive Order No. 407 of 18. September 1979 on røgklassificering, labeling and testing of welding electrodes shall be repealed. '
The notice shall enter into force on 18 October. December 2008.
The Labour Inspectorate, the 15. December 2008 Jens Jensen/Sonja Ploug Jensen