Decree On The Prohibition Of The Import, Sale And Manufacture Of Cadmium-Containing Products

Original Language Title: Bekendtgørelse om forbud mod import, salg og fremstilling af cadmiumholdige varer

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=126142

Overview (table of contents) Chapter 1 Executive order area

Chapter 2 prohibition of the import, sale and manufacture

Chapter 3 Control, waiver and appeal

Chapter 4 Penalties and entry into force

Annex 1

Annex 2 The full text of the Decree on the prohibition of the import, sale and manufacture of cadmium-containing varer1)

Under section 30, section 31, § 45, paragraph 1, article 59, paragraph 4, and section 60 of the Act on chemical substances and products, see. lovbekendtgørelse nr. 1755 by 22. December 2006, as amended by Act No. 97 of 10. February 2009, fixed:

Chapter 1

Executive order area

§ 1. This notice includes the import, sale and manufacture of cadmium-containing products.

§ 2. By cadmium-containing goods ' means goods which are included with more than 75 ppm cadmium in the homogeneous single parts such as:





1) color pigment,

2) plastic stabilizer or

3) surface treatment (cadmium plating).





§ 3. The notice shall not affect the provisions of other legislation concerning cadmium-containing products follows.

§ 4. The notice does not include cadmium-containing products covered by European Parliament and Council Regulation No 40/94. 1907/2006/EC of 18. December 2006, see. Annex 1.

Chapter 2

Ban on the import, sale and manufacture

§ 5. Import, sale and manufacture of cadmium-containing products is prohibited.

(2). Derogation from the prohibition provided for in paragraph 1 is import, sale and manufacture of cadmium-containing products allowed for the categories of products referred to in annex 2 to this order, under the conditions and until the dates specified in the annex.

Chapter 3

Control, waiver and appeal

§ 6. Supervision and verification of compliance with the rules laid down in the Ordinance shall be exercised by the environmental protection agency, see. the provisions of the Act to that effect.

(2). The environmental protection agency may in special circumstances allow, to the rules laid down in the notice be waived. The environmental protection agency may make the conditions of the permission.

(3). Environmental Protection Agency's decisions in accordance with paragraphs 1 and 2 may not be appealed to any other administrative authority.

Chapter 4

Punishment and entry into force

§ 7. Unless a higher penalty is inflicted for other legislation, is punishable by a fine, the





1) importing, selling or producing cadmium-containing products in contravention of section 5, paragraph 1, or

2) overrides the conditions attached to a licence under section 6 (2).





(2). The penalty can rise to imprisonment for up to 2 years if the infringement was committed intentionally or through gross negligence, and if the infringement is





1) caused damage to human life or health or caused danger therefore,

2) caused damage to the environment or caused danger therefore, or

3) achieved or intended an economic advantage, including savings, for the person himself or others.





(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

§ 8. The notice shall enter into force on 14 July. September 2009.

(2). Executive Order No. 1199 of 23. December 1992 concerning the prohibition on the sale, import and manufacture of cadmium-containing products should be repealed.
The Ministry of the environment, the 5. September 2009 Troels Lund Poulsen/Claus Torp Annex 1

List of goods pursuant to section 4 are not covered by this bekendtgørelse2)

(the figures specified in square brackets, refer to codes and chapters of the tariff and statistical nomenclature and the common customs tariff as laid down by Council Regulation (EEC) no 2568/87)







 

 





1)





Products manufactured on the basis of the following chemical substances and products, where cadmium is used as a color pigment:





 



(a))





Polyvinyl chloride (PVC) [3904 10] [3904 21] [3904 22]





 



(b))





Polyurethanes (PUR) [3909 50]





 



(c))





Low density polyethylene (LDPE), with the exception of polyethylene with low density used for the production of coloured masterbatch [3901 10]





 



(d))





Cellulose acetate (CA) [3912 11] [3912 12]





 



(e))





Celluloseacetobutyrat (CAB) [3912 11] [3912 12]





 



(f))





Epoxiharpikser [3907 30]





 



(g))





Melamine-Formaldehyde (MF) resins [3909 20]





 



(h))





Carbamidplast (UF) [3909 10]





 



in)





Unsaturated polyesters (UP) [3907 91]





 



(j))





Polyethylene terephthalate (PET) [3907 60]





 



k)





Polybutylenterephthalat (PBT)





 



l)





Transparent polystyrene [3903 11] regular/[3903 19]





 



m)





Acrylonitrilmethylmethacrylat (AMMA)





 



n)





Cross-linked polyethylene (VPE)





 



o)





Impact-resistant polystyrene





 



p)





Polypropylene (PP) [3902 10]





 

 

 





2)





Paints and varnishes [3208] [3209] where cadmium is used as a color pigment





 

 

 





3)





The following products manufactured from polymers and copolymers where cadmium is used as a plastic stabilizer:





 



(a))





Packing containers (sacks and bags, containers, bottles, lids) [3923 29 10]





 



(b))





Office and school supplies [3926 10]-





 



(c))





Fittings for furniture, coachwork and the like [3926 30]





 



(d))





Clothing (including gloves) [3926 20] and related accessories





 



(e))





Flooring and wall coverings [3918 10]





 



(f))





Impregnated, coated, covered or laminated fabrics [5903 10]





 



(g))





Imitation leather [4202]





 



(h))





Gramophone records





 



in)





Pipes and fittings [3917 23]





 



(j))





Swing doors (' saloon '-doors)





 



k)





Vehicles for road transport (Interior, exterior, underbody)





 



l)





Cladding of steel plates for use in construction or in industry





 



m)





Insulation of power cables





 

 

 





4)





Equipment and machines coated with cadmium to:





 



(a))





Food production [8210] [8417 20] [8419 81] [8421 11] [8421 22] [8422] [8435] [8437] [8438] [8476 11]





 



(b))





Agriculture [8419 31] [8424 81] [8432] [8433] [8434] [8436]





 



(c))






Cooling and freezing [8418]





 



(d))





Printing and binding [8440] [8442] [8443]





 

 

 





5)





Equipment and machines coated with cadmium for the production of:





 



(a))





Household utensils [7321] [8421 12] [8450] [8509] [8516]





 



(b))





Furniture [8465] [8466] [9401] [9402] [9403] [9404]





 



(c))





Sanitary installations [7324]





 



(d))





Central heating and air conditioning plant [7322] [8403] [8404] [8415]





 



(e))





Paper and cardboard [8419 32] [8439] [8441]





 



(f))





Textiles and clothing [8444] [8445] [8447] [8448] [8449] [8451] [8452]





 



(g))





Tools for industrial handling [8425] [8426] [8427] [8428] [8429] [8430] [8431]





 



(h))





Road and agricultural vehicles [chapter 87]





 



in)





Railway rolling stock [Chapter 86]





 



(j))





Vessels [Chapter 89]







Annex 2

List of cadmium-containing products, regardless of the prohibition in § 5, paragraph 1, under certain conditions, may be imported, sold or manufactured









Item categories





Conditions for authorization to import, sale and manufacture





Period of validity







Trucks and buses





Use as a pigment in plastic





So far







Motors and engines, significantly destined for professional use





Use as cadmium plating.

Communication shall be submitted to the environmental protection agency prior to import or manufacture





So far







Burners and ovens





Communication shall be submitted to the environmental protection agency prior to import or manufacture





So far







Parts of the goods, in which the presence of cadmium is of crucial importance on the basis of the alert-/sikkerhedssynspunkter (road signs, traffic signals, fire-fighting equipment, etc.)





Communication shall be submitted to the environmental protection agency prior to import or manufacture





So far







Ceramic products, glass products, dental cement, artificial colors, artworks, etc.





Use as a color pigment





So far







Musical instruments





Use as cadmium plating





So far







Precision instruments (optics, hearing aids, etc.)





Use as cadmium plating





So far







Spare parts etc. for repair or maintenance of cadmium-containing goods covered by this order, which is imported, sold or manufactured before 1. January 1989.





Communication shall be submitted to the environmental protection agency prior to import or manufacture





So far







Official notes 1) of the order are included certain provisions from the European Parliament and of the Council Regulation No 40/94. 1907/2006/EC of 18. December 2006 (Official Journal of the European Union 2006, nr. L 396, page 1). According to article 249 of the EC Treaty where a regulation is directly applicable in each Member State. The reproduction of these provisions in the Ordinance is thus entirely justified in practical terms and shall not affect the validity of the regulation's immediate in Denmark.

2) Goods set out in this annex are included in annex XVII to the regulation of the European Parliament and Council Regulation No 40/94. 1907/2006/EC of 18. December 2006 (Official Journal of the European Union 2006 nr. L 396, page 1)