Key Benefits:
Chapter 1 Conventing of the Bekendom Decision
Chapter 2 Prohibition of import, sale and manufacture
Chapter 3 Auditing, dispensation and redress
Chapter 4 Punishment and entry into force
Publication of the prohibition of imports, sales and the manufacture of cadmium containing goods 1)
In accordance with section 30, section 31, section 45 (3). Paragraph 1, section 59, paragraph. 4, and section 60 of the law on chemical substances and products, cf. Law Order no. 1755 of 22. In December 2006, as amended by law no. 97 of 10. In February 2009 :
Chapter 1
Conventing of the Bekendom Decision
§ 1. This notice includes the import, sale and manufacture of cadmium containing goods.
§ 2. For cadmium products, products where cadmium are included with more than 75 ppm in the homogeneous individual parts of the product are :
1) dye pigment,
2) stabilizer stabilizers, or
3) surface treatment (cadmisation).
§ 3. The notice shall not affect the provisions of the provisions of other legislation relating to cadmium containing goods.
§ 4. The commotion shall not include cadmium containing products covered by Regulation No (s) of the European Parliament and of the Council. 1907 /2006/EC of 18. December 2006, cf. Annex 1.
Chapter 2
Prohibition of import, sale and manufacture
§ 5. The import, sale and manufacture of cadmium-containing goods shall be prohibited.
Paragraph 2. Notwithstanding the prohibition in paragraph 1 1 are the import, sale and manufacture of cadmium products authorised for the categories referred to in Annex 2 to this notice, under the conditions and until the dates set out in the Annex.
Chapter 3
Auditing, dispensation and redress
§ 6. Supervision and control of compliance with the rules in the notice shall be exercised by the Environmental Management Board, cf. the provisions of the law.
Paragraph 2. The Environmental Management Board may, in exceptional cases, allow the rules in the notice to be waisted. The Environmental Management Board may make terms of the authorisation.
Paragraph 3. The decisions of the environmental management board shall be taken in accordance 1 and 2 shall not be complained to the second administrative authority.
Chapter 4
Punishment and entry into force
§ 7. Unless higher penalties have been inflished on any other law, the penalty shall be penalised by the penalty which :
1) Importing, selling or producing cadmium-containing products in breach of section 5 (5). 1, or
2) overrides terms associated with a permission after paragraph 6 (s). 2.
Paragraph 2. The sentence may rise to prison for two years if the infringement has been committed intentionally or by gross negligence and if there is a breach of the infringement proceedings ;
1) causing harm to human life or health or, therefore, the danger,
2) damage to the environment or caused by danger, or
3) obtained or intended to be economically advancuable, including in the case of savings, for the person concerned or others.
Paragraph 3. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.
§ 8. The announcement will enter into force on the 14th. September, 2009.
Paragraph 2. Publication no. 1199 of 23. December 1992 on the prohibition of sales, import and manufacture of cadmium containing products.
Appendix 1
List of goods referred to in section 4 not covered by this notice 2)
(The figures indicated in square parantheses, refer to codes and chapters of customs and statistical nomenclature and the Common Customs Tariff as laid down by Council Regulation (EEC) No 2. 2568/87)
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1)
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Goods produced on the basis of the following chemical substances and products, where cadmium has been used as colour pigment :
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a)
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Polyvinyl chloride (PVC) [ 3904 10 ] [ 3904 21 ] [ 3904 22 ]
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b)
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Polyurethaner (PUR) [ 3909 50 ]
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c)
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Polyethylene with low density (LDPE) other than polyethylene with low density used for the manufacture of coloured master batch [ 3901 10 ]
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d)
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Cellulose acetate (CA) [ 3912 11 ] [ 3912 12 ]
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(e)
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Cellulose acetobutyrate (CAB) [ 3912 11 ] [ 3912 12 ]
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(f)
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Epoxiharshins [ 3907 30 ]
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g)
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Melaminformaldehyde resins (MF) [ 3909 20 ]
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(h)
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Carbamidplast (UF) [ 3909 10 ]
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i)
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Unsaturated polyesters (UP) [ 3907 91 ]
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j)
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Polyethylenterephthalate (PET) [ 3907 60 ]
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c)
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Polybutyl enterephthalate (PBT)
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I)
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Regular / transparent polystyr; [ 3903 11 ] [ 3903 19 ]
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m)
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Acrylonitrilmethylmethacrylate (AMMA)
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n)
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Landscape Polyethylene (VPE)
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o)
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Stroke of polystyren
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p)
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Polypropylene (PP) [ 3902 10 ]
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2)
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Malinger and varnishes [ 3208 ] [ 3209 ], where cadmium has been used as color-pigment
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3)
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The following products obtained from vinyl chloride polymers and copolymers, where cadmium are used as a plastic stabilizer :
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a)
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Packings of packaging (bags and bags, containers, bottles, lid) [ 3923 29 10 ]
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b)
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Office of office and school articles [ 3926 10 ]
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c)
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Order and accessories for furniture, cart-maker worker and similar [ 3926 30 ]
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d)
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Clothing articles (including gloves) and accessories therefor [ 3926 20 ]
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(e)
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Floating and wall coverings [ 3918 10 ]
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(f)
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Impregnated, overdrawn, coated or laminated substances [ 5903 10 ]
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g)
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Customer Leaders [ 4202 ]
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(h)
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Grammofons
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i)
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Stir and fittings [ 3917 23 ]
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j)
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Swing doors (' saloon ' doors)
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c)
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Vehicles for road transport (Interior, outwit, subcarriage)
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I)
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Clothing of steel plates for use in construction or industry
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m)
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Isolating power cables
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4)
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Equipment and machinery surface treated with cadmium for :
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a)
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Foodstuffs [ 8210 ] [ 8417 20 ] [ 8419 81 ] [ 8421 11 ] [ 8421 22 ] [ 8422 ] [ 8435 ] [ 8437 ] [ 8438 ] [ 8476 11 ]
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b)
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Agriculture [ 8419 31 ] [ 8424 81 ] [ 8432 ] [ 8433 ] [ 8434 ] [ 8436 ]
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c)
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Buying and freezing [ 8418 ]
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d)
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Printing and book bination [ 8440 ] [ 8442 ] [ 8443 ]
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5)
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Equipment and machinery surface treated with cadmium for the production of :
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a)
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Husholdsgenets [ 7321 ] [ 8421 12 ] [ 8450 ] [ 8509 ] [ 8516 ]
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b)
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Furniture [ 8465 ] [ 8466 ] [ 9401 ] [ 9402 ] [ 9403 ] [ 9404 ]
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c)
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Sanitary Installations [ 7324 ]
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d)
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Central heating and air-conditioningers [ 7322 ] [ 8403 ] [ 8404 ] [ 8415 ]
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(e)
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Papir and carton [ 8419 32 ] [ 8439 ] [ 8441 ]
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(f)
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Textile and clothing [ 8444 ] [ 8445 ] [ 8447 ] [ 8448 ] [ 8449 ] [ 8451 ] [ 8452 ]
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g)
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Redgear for industrial processing [ 8425 ] [ 8426 ] [ 8427 ] [ 8428 ] [ 8430 ] [ 8430 ] [ 8431 ]
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(h)
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Landeway and agricultural vehicles [ Chapter 87 ]
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i)
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Rolling Rail Material [ Chapter 86 ]
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j)
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Ships [ Chapter 89 ]
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Appendix 2
List of cadmium containing goods, irrespective of the ban in section 5 (5), 1, on certain terms, import, sale or production must be imported ;
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Item categories
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Conditions for the authorisation of import, sale and manufacture
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Period of validity
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Trucks and buses
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Applicable to be used as pigment in plastic
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So far
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Motors and machinery, essential for commercial use
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Mobilisation as cadmisation.
Communication shall be submitted to the EPA before import or manufacture ;
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So far
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Fuel and ovens
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Communication shall be submitted to the EPA before import or manufacture ;
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So far
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Parts of products in which the presence of cadmium is essential in the light of warning / safety points (traffic spangles, traffic signals, fire-extinguishing devices etc.)
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Communication shall be submitted to the EPA before import or manufacture ;
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So far
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Ceramic goods, glamorous, toothpaste, art colours, artwork and so on.
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Use as color pigment
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So far
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Music instruments
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Use as a cadmisation
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So far
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Instrument instruments (optics, hearing aids etc.)
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Use as a cadmisation
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So far
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Spare parts, etc. for the repair or maintenance of cadmium-containing products covered by this notice, imported, sold or made before 1. January 1989.
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Communication shall be submitted to the EPA before import or manufacture ;
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So far
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1) The notice has been included in the publication of certain provisions of Regulation No 2 of the European Parliament 1907 /2006/EC of 18. December 2006 (EU Official Journal, nr. L 396, page 1). According to Article 249 of the EC Treaty, a Regulation shall apply immediately in each Member State. The rendition of these provisions in the notice is therefore based solely on practical considerations and is without prejudice to the immediate validity of the regulation in Denmark.
2) The goods listed in this Annex are covered by Annex XVII to Regulation No 2 of the European Parliament and of the Council. 1907 /2006/EC of 18. December 2006 (EU Official Journal no. L 396, page 1)
