Executive Order Banning The Import And Sale Of Products Containing Lead

Original Language Title: Bekendtgørelse om forbud mod import og salg af produkter, der indeholder bly

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=126138

Overview (table of contents) Chapter 1 Executive order area

Chapter 2 prohibition of import and sale

Chapter 3 Control, waiver and appeal

Chapter 4 Penalties and entry into force

Annex 1

Annex 2 The full text of the Ordinance banning the import and sale of products containing bly1)

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 and sale of products containing lead.

§ 2. By lead means the element lead, both in metallic form and in chemical compounds.

(2). By products that contain lead, means products containing lead are included with more than 100 ppm (mg/kg) in the product's homogeneous single parts.

§ 3. Notice rules do not prevent the import and sale of products, which are regulated by other regulations issued pursuant to the terms or other legislation.

§ 4. The notice does not include the import and sale of products exclusively for export.

§ 5. The notice does not include:





1) raw materials and semi-finished products.

2) used products, at first-time sale met the Danish demands.

Lead carbonates and sulphates) 3 as substances or as constituents of preparations intended for paint included in annex XVII to the regulation of the European Parliament and Council Regulation No 40/94. 1907/2006/EC of 18. December 2006.





Chapter 2

Prohibition of import and sale

Chemical compounds of lead

§ 6. Import and sale of products containing chemical compounds of lead shall be prohibited from 1. March 2001.

(2). Notwithstanding the prohibition referred to in paragraph 1, the import and sale of products containing chemical compounds of lead, still allowed for the categories of products referred to in annex 1 to this notice, until the dates specified in the annex.

(3). The prohibition in paragraph 1 shall not include products for the repair of existing products.

Metallic lead

§ 7. Import and sale of products containing metallic lead, are prohibited for the categories of products referred to in annex 2 to this order, from that time, as set out in the annex.

(2). The prohibition in paragraph 1 shall not include products for the repair of existing products.

Chapter 3

Control, waiver and appeal

§ 8. 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 exceptional cases authorise 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

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





1) importing or selling products in violation of article 6, paragraph 1, or article 7, paragraph 1, or

2) overrides the conditions attached to a licence under section 8, paragraph 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.

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

(2). Executive Order No. 1082 by 13. September 2007 establishing a prohibition of import and sale of products containing lead are hereby repealed.
The Ministry of the environment, the 5. September 2009 Troels Lund Poulsen/Claus Torp Annex 1

List of product categories that contain chemical compounds of lead, where import and sale-regardless of the prohibition laid down in article 6, paragraph 1-is allowed until the listed times









Product categories





Allowed until







1.





High flexible cables for machine parts, including elevator cables





so far







2.





Superconductors





so far







3.





Igniter for ammunition and bolt pistols





so far







4.





Blymønje for restoration of historical objects





indtil videre







5.





Discharge lamps





so far







6.





Paint for special purposes:



 



 



– corrosion protection paint with less than 250 ppm of lead





so far





 



– anti-fouling paints with less than 1250 ppm of lead





so far







7.





Glass for special purposes:





so far





 



– light sources



 



 



– Optics



 



 



– radiation protection



 



 



– Crystal glass



 



 



– silicate glass, sand-blasting



 





8.





Glazes on spark plugs for outdoor use





so far







9.





Glaze on tile, brick and clinker





so far







10.





Electronic components





so far







11.





Products for research, development and laboratory application





so far







Annex 2

List of product categories that contain metallic lead, where import and sale-in accordance with § 7 paragraph 1-is banned from the listed times









Product categories





Prohibited from







1.





Products for hobby purposes





March 1, 2001







2.





Tea lights and other lights





March 1, 2001







3.





Curtain weights





March 1, 2001







4.





Products for decorative purposes, including jewelry





March 1, 2001







5.





Security seals





March 1, 2001







6.





Products for roofing of buildings





March 1, 2001







7.





Products for flashing on buildings





december 1, 2002







8.





Products for repair, as well as on-and building extensions on houses, with the exception of protected and remarkable buildings and church buildings of cultural historic significance





november 1, 2007







9.





Fishing gear for commercial fishing:



 



 



– Import of sinkers






december 1, 2007





 



– Import of sinking liner and vodtove





december 1, 2011





 



– Sales of sinkers





June 1, 2008





 



– Sale of the sinking liner and vodtove





1 June 2012







10.





Fishing gear for fishing





december 1, 2002







11.





Solder alloys for HVAC and plumbing purposes, except for soldering of zinc plates





december 1, 2002







12.





Sheath for electric Earth cables 100 kV AC