Act Amending The Act On Chemical Substances And Products And Various Other Acts (Implementation Of The Framework Directive On The Sustainable Use Of Pesticides And Changes As A Result Of The Ppps Regulation And Classification Regulation) Reprinted Defi...

Original Language Title: Lov om ændring af lov om kemiske stoffer og produkter og forskellige andre love(Implementering af rammedirektivet om bæredygtig anvendelse af pesticider og ændringer som følge af plantebeskyttelsesmiddelforordningen og klassificeringsforordningen) Omtryk

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Overview (table of contents) Annex 1



Annex 2 The full text of the law amending the law on chemical substances and products and various other love1)

(Implementation of the framework directive on the sustainable use of pesticides and changes as a result of the regulation of PPPs regulation and classification)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

The law on chemical substances and products, see. lovbekendtgørelse nr. 878 of 26. June 2010, as amended by § 19 of the lov nr. 484 of 11. May 2010, is amended as follows: 1. title of the Act is replaced by the following:

» Law on chemicals ' 2. The footnotes to the title of the Act is replaced by the following: ' 1) Act contains provisions implementing parts of a European Parliament and Council Directive 1999/45/EC of 31. May 1999 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous preparations, the official journal of the European communities 1999, nr. L 200, page 1, parts of Council Directive 92/32/EEC of 30. April 1992 on 7th amendment to Directive 67/548/EEC on the approximation of laws relating to the classification, packaging and labelling of dangerous substances, the official journal of the European communities, 1992, nr. L 154, page 1, parts of the European Parliament and of the Council Directive 98/8/EC of 16. February 1998 concerning the placing of biocidal products on the market, the official journal of the European communities 1998, nr. L 123, page 1, parts of the European Parliament and of the Council Directive 2003/15/EC of 27. February 2003 amending Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products, the official journal of the European Union 2003, nr. L 66, p. 26, parts of the European Parliament and of the Council directive 2009/107/EC of 16. September 2009 amending Directive 98/8/EC concerning the placing of biocidal products on the market as regards the extension of certain time limits, the official journal of the European Union 2009, nr. L 262, page 40, and parts of the European Parliament and of the Council directive 2009/128/EC of 21. October 2009 establishing a framework for Community action to achieve a sustainable use of pesticides, the official journal of the European Union 2009, nr. L 309, page 71.

2) of the Act are included certain provisions of Commission Regulation 1438/2007/EC of 4. December 2007 on the second phase of the 10-year work programme referred to in article 16, paragraph 2, of the European Parliament and of the Council Directive 98/8/EC concerning the placing of biocidal products on the market, the official journal of the European Union 2007, nr. L 325, page 3, and European Parliament and Council Regulation No 40/94. 1107/2009/EC of 21. October concerning the placing of plant protection products on the market and repealing Council Directive 79/117/EEC and 91/414/EEC, Official Journal of the European Union 2009, nr. L 309, page 1. According to article 288 of the Treaty where a regulation is directly applicable in each Member State. The reproduction of these provisions of the Act is thus entirely justified in practical terms and shall not affect the regulations immediate validity in Denmark. '

3. In article 1, paragraph 1, two points in section 2 (1) of section 4 (a), section 5 (1) and (2) and § 6, three places in section 7, in section 7 (b), two locations in section 8, paragraph 1, two points in section 8, paragraph 2, in article 10, paragraph 5, and section 15 a, paragraph 1, three places in section 15 (a), paragraph 4, nr. 2 in § 15 a, paragraph 5, and section 15 (b) (1) and (2) two spots in paragraph 15 (c), in the heading of Chapter 4, article 20, paragraph 2, and article 21, two locations in section 22 (2), two locations in section 22, paragraph 3, in the heading of Chapter 5 and article 24, paragraphs 1, 3 and 4, five spots in section 25 (1) of article 25, paragraph 3 , two locations in section 26, section 27, paragraph 2, no. 1 and 2, three places in section 30 (1) of section 30 (2) and (3) section 30 (a), paragraph 1, section 30 (b), paragraph 1, and section 30 c (1), three places in section 30 c (2) of section 30 (c) (3), two locations in section 30 d (1) of section 30 d, paragraph 2, and section 30 e, two locations in section 32 (1) , in the heading to section 32 (c), article 33, paragraph 2, and section 39, two locations in section 42 (1) of section 42, paragraph 3, section 44, section 51 (a), section 51 (b), article 58, paragraph 4, section 58 (a), paragraph 1, and section 59 (1). 1 and 11, shall be replaced by ' products ' to: ' feedingstuffs '.

4. Everywhere in the law the words ' chemical '.

5. Everywhere in the law shall be replaced by ' product ' to: ' mixture '.

6. paragraph 3 is replaced by the following: ' 3. By substance means a chemical element and its compounds in the natural state or as produced by process, including any additive necessary to preserve its stability and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition.

(2). By mixing means a mixture or solution composed of two or more substances.

(3). The Minister may lay down detailed rules regarding what is meant by substances and mixtures. '

7. Sections 7, 39 and 51 (b) and section 59 (1). 1, the words ' the European communities regulations ' to: ' EU-regulations '.

8. section 7 (a) is replaced by the following: ' article 7 (a). The Minister may lay down rules that are necessary for the use in this country of EU-regulations relating to the of this law included substances, mixtures and articles, including whether the authorities will administer the regulations. '

9. In sections 7 (b) and 37 shall be replaced by ' Community ': ' EU law '.

10. In section 10, paragraph 1, and section 39, two locations in section 39 (a), section 48, paragraph 4, and section 59 (1). 6, there will be no. 7 section 38 (d), the words ' the ' to: ' section 38 e '.

11. In section 10, paragraphs 1 to 4, sections 19 and 20, section 22, paragraphs 1 and 4, and sections 22 (a), 39 and 41 shall be replaced by ' product ' to: ' a mix '.

12. In section 10, paragraphs 1 and 3, section 19 and section 31, paragraph 2, the words ' product ' to: ' mixture '.

13. In section 10, paragraph 1, 2 and 3, §§ 19 and 20, section 22, paragraphs 1 and 4, section 22 (a), section 30, paragraph 2, article 32 (a), paragraph 2, and articles 39 and 41 the words ' chemical '.

14. In section 10, paragraph 5, the words ' the European Communities regulations ' to: ' EU-regulations '.

15. In paragraph 15 (a), paragraphs 2 and 3, and article 24, paragraph 2, the words ' product ' to: ' the question mix '.

16. section 22 (b) repealed and replaced by section 22 (b).: ' the Minister lays down rules that dealers and manufacturers to make certain information available in connection with the sale of pesticides for non-professional users.

paragraph 22 (c). The Minister may lay down rules to the effect that a manufacturer or importer of a substance or mixture has the obligation to, on request, to disclose certain information on the substance or mixture to another, which intends to use the substance or mixture, and for whom the information is necessary for the fulfilment of the requirements laid down in this law or the regulations under this Act or in the EU-regulations concerning the substances , feedingstuffs or products covered by the law. '

17. section 23 is replaced by the following: ' article 23. The Minister may lay down rules on the storage of substances and mixtures, which are to be classified as dangerous, by substances and mixtures to be approved under section 33, and of plant protection products as shall be approved in accordance with European Parliament and Council Regulation (EC) No 1782/2003. 1107/2009 of 21. October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.

(2). The Minister may lay down rules on additional measures for storage of very toxic and toxic substances and mixtures and substances and mixtures that are classified as acute toxic category 1, 2 or 3, or as a specific target organ toxicity following a single exposure (STOT SE1), including on character assessment of individuals who have a special responsibility for the storage or handling of these substances and mixtures. '

18. section 25 (1) (8). 1, point (c) is replaced by the following: ' (c)) approved technological service institutes, see. law on technology and innovation, ' 19. § 27, paragraph 1, is replaced by the following:

' The Minister may lay down additional rules than those arising from §§ 24-26, for the sale of substances and mixtures, which must be approved in accordance with section 33, and for sales of plant protection products as shall be approved in accordance with European Parliament and Council Regulation (EC) No 1782/2003. 1197/2009 of 21. October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC. '

20. The heading of Chapter 6 shall be replaced by the following:

» Limitation of the presence and use of substances. The composition of the mixtures and the sale thereof ' 21. In section 30, paragraph 1, and section 31, paragraph 1, the words ' a chemical product ' to: ' a mix '.

22. In article 30, paragraph 2, the words ' product ' to: ' a particular mix '.

23. In paragraph 30 (e) shall be replaced by ' the European Community regulations ' to: ' EU-regulations '.

24. In paragraph 32 (a), paragraph 2, and section 48 (3) and (4) shall be replaced by ' a ' to: ' a product mix '.

25. section 33, paragraph 1 is replaced by the following:

» By pesticides means plant protection products and biocidal products, see. Annex 1 to the law. Biocidal products must before import, sale or use be approved by the Minister for the environment, see. However, section 33 (a). The Minister approves the plant protection products according to the rules laid down in European Parliament and Council Regulation (EC) No 1782/2003. 1107/2009 of 21. October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC. '

26. In article 33, paragraph 3, article 35, paragraphs 1 and 4, section 35 (d) (2) and (3) and section 35 (f), the term ' pesticides ' is replaced by: ' biocidal products '.

27. section 33, paragraph 4, shall be replaced by the following: ' (4). An authorisation for a biocidal product which expires after the decision on the inclusion of product active substances in one of the annexes referred to in paragraph 5, for the scope of the product is published in the official journal of the European Union, however, can be extended without reassessment until the review in accordance with the directive referred to in paragraph 5, is carried out. '
28. In article 33, paragraph 5, the words ' Annex I to Council Directive 91/414/EEC of 15 July. July 1991 concerning the placing of plant protection products or '.

29. section 33 (6), is repealed.

Paragraph 7-9 becomes paragraph 6-8.

30. In article 33, paragraph 7, which becomes paragraph 6, article 34, paragraph 2, article 35, paragraphs 2 and 5, section 35 (d) (4) and section 38 (2) and (3), the term ' pesticide ' to: ' biocide product '.

31. section 33, paragraph 8, which becomes paragraph 7 is replaced by the following: ' (7). Can authentication is not maintained in the situation referred to in paragraph 6 shall be amended or revoked this in whole or in part after a period specified. ';

32. section 33, paragraph 9, which becomes paragraph 8 is replaced by the following: ' (8). The Minister may lay down rules concerning the cessation of the right to import, sale, storage and use of biocidal products, in which approval shall lapse in accordance with paragraphs 3 and 5, and where the authorisation is amended or revoked in accordance with paragraphs 6 and 7 or under section 38, paragraph 2 and 3. ';

33. section 33 (b) is replaced by the following: ' section 33 (b). The Minister may lay down rules to the effect that biocidal products containing an active substance which are not included in an appendix as referred to in section 33, paragraph 5, should not be imported, sold, stored or used beyond the expiry of the transitional period referred to in article 16 of the European Parliament and of the Council Directive 98/8/EC of 16. February 1998 concerning the placing of biocidal products on the market or after expiry of the time limits laid down by the European Commission. In this context the Minister of the environment can set earlier deadlines for the cessation of the import and sale of those biocide products in the various stages of trade. '

34. Two places in section 34, paragraph 1, and article 35, paragraph 5, the words ' product ' to: ' control biocide product '.

35. section 35 (3) 1. paragraphs, are hereby repealed.

36. paragraph 35 (a) is repealed.

37. Two places in section 35 (c), paragraph 1, shall be replaced by ' sections 35 (a) and (b) 35 ' to: ' section 35 (b) '.

38. In section 35 (d) (1), the term ' pesticides ' is replaced by: ' Biocidal products '.

39. section 36, paragraph 1, is replaced by the following:

' He who has a permit under section 33 or in accordance with European Parliament and Council Regulation (EC) No 1782/2003. 1107/2009 of 21. October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC, shall pay a fee of 500 € per calendar year. '

40. paragraph 37 (a) is repealed.

41. Two places in section 38 (1) shall be inserted after ' approval ' means ' of a biocidal product '.

42. section 38 (a) is replaced by the following: ' § 38 (a). The Minister may, for the purpose of reducing the overall load of pesticides, including the load of the health, environment and nature, lay down the rules relating to restrictions in or prohibiting the use of pesticides in specific areas, with the exception of areas for agronomic purposes. '

43. section 38 (b) is replaced by the following: ' § 38 (b). The Minister may lay down rules to the effect that the commercial application of pesticides may only be carried out by persons with evidence of having received training in or otherwise to have adequate knowledge on the environment and health wise use of these resources.

(2). Educational institutions, etc., which offers training and certification in accordance with paragraph 1, shall also provide consultants and resellers access to them.

(3). The Minister shall lay down the rules that dealers must have employees who can demonstrate having received training in or otherwise to have adequate knowledge on the environment and health wise use of pesticides, in accordance with article 3. paragraphs 1 and 2.

(4). The Minister may lay down detailed rules on the content and on the requirements for obtaining it referred to in paragraphs 1 and 2.

(5). There may be charged to cover course costs of teaching, to the extent that the expenditure is not covered by the various grant schemes for teaching.

(6). The Minister shall lay down rules to the effect that sales of pesticides that are approved for professional use, may only be made to persons who possess a certificate as described in paragraph 1 and 2. '

44. paragraph 38 (d) are repealed and replaced by section 38 of Chapter 7: ' d. application of pesticides from aircraft requires permission. The Minister shall lay down detailed rules on the subject. '

45. Pursuant to section 38 d shall be inserted in Chapter 8:» § 38 e. Any manufacturer or importer of a substance, mixture or other item must be in possession of evidence that the substance, the mixture or the product complies with the requirements laid down in this law, in accordance with the rules in implementation thereof and in EU regulations concerning the substances, mixtures and products covered by the law. The Minister may lay down detailed rules concerning the requirements for documentation.

(2). Any producer who sells a substance or a mixture, any importer of a substance or a mixture shall be in possession of the following information on the substance or mixture: 1) Trade name or names, 2) chemical name, 3) quantity imported or sold, and 4) in the case of mixtures: chemical name for the ingredients and weight for the content substances classified as dangerous or is otherwise regulated.

(3). If it proves impossible for the importer to obtain the information referred to in paragraph 2, it shall be sufficient if the information is submitted to the common register of the Ministry of employment and the Ministry of the environment of substances, materials and products (Product register) and the importer has obtained a confirmation from the Product register, see. However, paragraph 1, section 10, paragraph 1, and section 19.

(4). Information referred to in paragraphs 1 to 3 shall be provided to the Minister upon request or regulatory authorities. ';

46. section 40 (1), is replaced by the following:

» If there are grounds for believing that a substance or mixture has hazardous to health or environmental impacts, or there is a lack of knowledge to be able to assess such effects, any manufacturer or importer of the substance or the mixture, at the request of the Minister concerned or arrange the necessary investigations for lighting by such effects. '

47. In article 42, paragraph 1, shall be replaced by ' products ' to: ' mixtures '.

48. section 42 (a) is replaced by the following: ' section 42 (a). The Minister may lay down rules on the submission of the police in cases of suspected theft of very toxic and toxic substances and mixtures and substances and mixtures that are classified as acute toxic category 1, 2 or 3, or as a specific target organ toxicity following a single exposure (STOT SE1), including whether the form. '

49. section 43 (a) is replaced by the following: ' section 43 (a). The Minister may lay down rules to the effect that certain laboratories shall establish a system for the management of stocks of very toxic or toxic substances and mixtures and substances and mixtures that are classified as acute toxic category 1, 2 or 3, or as a specific target organ toxicity following a single exposure (STOT SE1), including that there shall be appointed a person responsible for such a system. "

50. In the heading of Chapter 9 shall be inserted after ' Expert advice ': ' and ' national action plans.

51. Under section 44 shall be inserted in Chapter 9:» § 44 (a). The Minister must draw up a national action plan for the reduction of the use and dependency on plant protection products, in particular with a view to achieving a reduction in plant protection products load on the environment and health. The plan must be reviewed at least every five years.

(2). An action plan must include 1) quantitative targets, objectives, measures and deadlines for reducing the risks for and effects on human health and the environment in connection with the use of plant protection products, 2) indicators for the monitoring of the use of plant protection products containing active substances, particularly problematic and deadlines and targets for reducing the use of these substances, 3) calculations of indicators to assess the risks of plant protection products on human health or the environment, together with other relevant data and a survey of trends in the use of certain active substances and 4) priority topics such as integrated pest management, active substances, crops, regions and practices that require particular attention, or good agronomic practices that can serve as a model for achieving a sustainable use of plant protection products on the market.

(3). In the preparation and revision of the action plan, see. paragraph 1 shall take account of the health, social, economic and environmental impacts of the measures envisaged, to specific national, regional and local conditions and to all relevant stakeholder groups.

(4). The Minister shall lay down the rules on the involvement of the public in connection with the drawing up and revision of the action plan. '

52. section 55, paragraph 1, is replaced by the following:

» Decisions after this chapter 6 and 7, taken in the first instance by the authority, the Minister authorizes it, an appeal may be lodged to the Nature-and Environmental complaints board as composed under section 5 (1) (8). 1 of the law on nature and environmental complaints board. Decisions on plant protection products within the scope of European Parliament and Council Regulation (EC) No 1782/2003. 1107/2009 of 21. October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC or biocide products in which the active substance is absorbed or applied included at EU lists of active substances authorised for use in biocidal products may not, however, be made to the Nature-and Environmental complaints. '

53. In article 59, paragraph 1, insert after no. 5 as the new number:» 6) fails to provide teaching and the issuance of certificates under section 38 (b), paragraph 2.0 '
No. 6-11 is then no. 7-12.54. In section 59 (1). 9, there will be (1). 10, the term ' product ' to: ' an approved mixture '.

55. paragraph 59, paragraph 4 is replaced by the following: ' (4). In the rules and regulations issued under section 4 (a), section 7 (a), section 7 (b), article 10, paragraphs 4 and 5, section 10 (a), paragraph 15 (c), section 22, paragraphs 2 to 4, section 22 (a), section 22 (b), section 22 (c), article 23, article 24, paragraph 4, article 26, § 27, § 30, section 30 (a), section 30 (b), section 30 (c), section 30 (e), section 31, section 32, section 32 (a), section 32 (c), section 33, paragraphs 3 and 8, article 35, paragraph 6 Article 36, paragraph 2, article 37, article 38, paragraph 3, section 38 (a), section 38 (b), paragraphs 1, 3, 4 and 6, section 38 c, 38 d, § § 39, paragraph 41, § 42, section 42 (a), section 43, paragraph 43 (a) and section 47 a, paragraph 2, may be fixed penalty of fine. It may also be stipulated that the penalty can rise to prison for 2 years in circumstances as described in paragraph 2. ';

56. In article 61 shall be replaced by ' section 33, paragraph 9 ' to: ' section 33, paragraph 8 '.

57. Annex 1 is replaced by the text in annex 1 to this Act.

58. Annex 2 shall be replaced by Annex 2 to this Act.

§ 2

In Act No. 506 of 7. June 2006 a quality assurance system for the municipal proceedings on nature and the environment, as amended by section 100 of Act No. 1572 by 20. December 2006 and section 2 of Act No. 513 of 12. June 2009, is amended as follows: 1. In article 2, paragraph 2, no. 5, the words ' the law on chemical substances and products ' are replaced by: ' law on chemicals '.

§ 3

The law on obligatory communal work together, see. lovbekendtgørelse nr. 50 by 15. January 2010, is amended as follows: 1. In article 1, paragraph 2, no. 3 (e), the words ' the law on chemical substances and products ' are replaced by: ' law on chemicals '.

§ 4

The law on tax on pesticides, see. lovbekendtgørelse nr. 57 of 30. January 2008, as amended by section 75 of the Act No. 1336 of 19. December 2008 and section 9 of Act No. 1344 of 19. December 2008, shall be amended as follows: 1. In article 1, paragraph 1, the words ' the law on chemical substances and products ' are replaced by: ' law on chemicals or for a European Parliament and Council Regulation (EC) No 1782/2003. 1107/2009 of 21. October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC '.

2. In paragraph 7, the words ' the law on chemical substances and products ' are replaced by: ' law on chemicals or for a European Parliament and Council Regulation (EC) No 1782/2003. 1107/2009 of 21. October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC '.

§ 5 paragraph 1. The law will enter into force on 14. June 2011, see. However, paragraph 2.

(2). § 1, nr. 1, 3-9, 11-15, 17, 18, 20-24, 40 and 46-49, shall enter into force on the day after publication in the Official Gazette.

(3). Rules laid down in accordance with the existing provisions of the law, see. lovbekendtgørelse nr. 878 of 26. June 2010, shall remain in force until they are replaced by rules established in accordance with this law.

§ 6 paragraph 1. Authorisations for plant protection products which have been granted before 14 May 2000. June 2011, retain their validity until they are changed or withdrawn in accordance with paragraph 3 or in accordance with the rules laid down in European Parliament and Council Regulation (EC) No 1782/2003. 1107/2009 of 21. October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.

(2). Applications for authorisation of a plant protection product with one or more active substances listed in annex I to Council Directive 91/414/EEC of 15 July. July 1991 concerning the placing of plant protection products shall be treated in accordance with the existing rules in Chapter 7 of the Act, if the application is lodged before the 14. June 2011.

(3). Authorisations of plant protection products, which are issued before 14 May 2000. June 2011, may be amended or revoked in accordance with the existing rules in Chapter 7, if the modification or revocation is done, as a result of the 1) the active substance has been included in annex I to Council Directive 91/414/EEC concerning the placing of plant protection products on the market or 2) the active substance has been approved in accordance with article 80, paragraph 1, of the European Parliament and Council Regulation (EC) No 1782/2003. 1107/2009 of 21. October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.

(4). section 35 a of the Act on chemical substances and products, see. lovbekendtgørelse nr. 878 of 26. June 2010, shall continue to be applicable for the treatment of applications for authorisations of plant protection products containing the active substances listed in annex I to Council Directive 91/414/EEC of 15 July. July 1991 concerning the placing of plant protection products or active substances approved in accordance with article 80, paragraph 1, of the European Parliament and Council Regulation (EC) No 1782/2003. 1107/2009 of 21. October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC. This applies in the following periods: 1) 5 years from accession or approval date for active substances covered by article 8 (2) of Directive 91/414/EEC.

2) 10 years from recording or the date of approval of active substances which are not within the 26. July 1993 have been sold or imported as part of a plant protection product in a country that is a member of The European Union.

3) 5 years from the date of renewal of the inclusion or renewal of the approval, for active substances whose inclusion in annex I to Directive 91/414/EEC expires before the 24th. November 2011. In these cases, see § 35 (a) only apply to information that is necessary for renewal of the permit, and for which no later than this date has been confirmed that they are in compliance with these principles of good laboratory practice.

§ 7 The national action plan, see. section 44 a of the law on chemicals as amended by this Act, section 1, no. 51, must be drawn up not later than 26. November 2012.

Given at Amalienborg, the 11. April 2011 Under Our Royal hand and Seal MARGRETHE r./Karen Ellemann



Annex 1



' Annex 1 list of pesticides, which are covered by Chapter 7 and regulation of PPPs

1. Plant protection products

By plant protection products for the purposes of the basic regulation. Article 2, paragraph 1, of the European Parliament and Council Regulation (EC) No 1782/2003. 1107/2009 of 21. October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC, products, in the form in which they are transferred to the user, consisting of or containing active substances, safeners or synergists, intended for one of the following purposes: (1)) to protect plants or plant products against all harmful organisms or preventing attacks from such harmful organisms unless the main purpose of the product in question shall be deemed to be of hygienic nature rather than protecting plants or plant products.



2) to influence the life processes of plants, URf.eks. by influence on plant growth in any way other than as a nutrient.



3) preserving plant products, in so far as such substances or products are not subject to special Community provisions on preservatives.



4) destroying undesired plants or parts of plants, except algae unless the products are applied on soil or water to protect plants.



5) check or prevent undesired growth of plants, except algae unless the products are applied on soil or water to protect plants.

2. Biocidal products

By biocide products in Chapter 7 means:

Active substances and products containing one or more active substances, put up in the form in which they are transferred to the user, intended to destroy, deter, disable, prevent the action of, or otherwise combat the impact of pests, chemical or microbiological.

Active substances are chemical substances or micro-organisms including viruses or fungi, having general or specific action on or against harmful organisms.

Approval obligation after chapter 7 only applies to biocidal products within the 23 product types listed in annex V of the European Parliament and Council Directive 98/8/EC of 16. February 1998 concerning the placing of biocidal products on the market, and only to the extent that funds are not defined in biocides or falling within the scope of the directives and regulations (as amended), which is mentioned under paragraph 2.2 of this annex.







 

 







The main headings of the 23 product types:







 

 







MAIN GROUP 1: disinfectants and General biocidal products Product type 1:







Biocidal products for human hygiene.









Product type 2:







Disinfectants for private use and use in public health care and other biocidal products.









Product type 3:







Biocidal products for veterinary hygiene.









Product type 4:
Disinfectants for use in food and feed.









Product type 5:







Disinfectants for drinking water.





 

 







MAIN GROUP 2: preservatives and protection products Product type 6:







Preservatives for use in containers. Preservation of industrial products, with the exception of foodstuffs and feedingstuffs.









Product type 7:







Preservatives for overfladelim.









Product type 8:







Wood preservatives.









Product type 9:







Protection products for fiber materials, leather, rubber and polymerised materials.









Product type 10:







Funds for the protection of building materials.









Product type 11:







Preservatives for liquid-cooling and processing systems.









Product type 12:







Slimicides.









Product type 13:







Preservatives for fluids used in metalworking.





 

 







MAIN GROUP 3: pest control Product type 14:







Rodenticides.









Product type 15:







Bird repellents.









Product type 16:







Anti-slug.









Product type 17:







Fish products.









Product type 18:







Insecticides, acaricides and products to control other arthropods.









Product type 19:







Afskræknings and Attractants.





 

 







MAIN GROUP 4: Other biocidal products Product type 20:







Preservatives for food or feedstocks.









Product type 21:







Antifoulingsmidler.









Product type 22:







Embalming-and præserverings fluids.









Product type 23:







Control of other vertebrates.





 

 









2.1 basic substance

A basic substance shall be approved in accordance with Chapter 7.

A basic substance is defined as:

A substance is included in Annex i (B) for a European Parliament and Council Directive 98/8/EC of 16. February 1998 concerning the placing of biocidal products on the market, and whose main use is non-pesticidal but which, to a limited extent, and without directly marketed for this use is used as a biocide either directly or in a product consisting of the substance and a simple diluent, which is not, in itself, is a drug that is a cause for concern.

2.2 Other EU regulation a) European Parliament and Council Directive 2001/83/EC of 6 May 2003. November 2001 establishing a Community code relating to medicinal products for human use.



b) European Parliament and Council Directive 2001/82/EC of 6 May 2003. November 2001 establishing a Community code relating to veterinary medicinal products.



(c)) the European Parliament and Council Regulation (EC) No 1782/2003. 726/2004 of 31. March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency.



d) Council Directive 90/385/EEC of 20. June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices.



e) Council Directive 93/42/EEC of 14 May 1991. June 1993 on medical devices.



f) European Parliament and Council Regulation (EC) No 1782/2003. 1333/2008 of 16. December 2008 on food additives.



g) European Parliament and Council Regulation (EC) No 1782/2003. 1935/2004 of 27. October 2004 on materials and articles intended to come into contact with food and repealing directives 80/590/EEC.



h) European Parliament and Council Regulation (EC) No 1782/2003. 853/2004 of 29 April 2004. April 2004 laying down specific hygiene rules for food of animal origin.



I) Council Directive 90/167/EEC of 26. March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the community.



j) European Parliament and Council Regulation (EC) No 1782/2003. 1831/2003, of 22. September 2003 on feed additives and European Parliament and Council Regulation (EC) No 1782/2003. 767/2009 concerning the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1782/2003. 1831/2003 and the repeal of Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directive 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission decision 2004/217/EC.



k) Council Directive 76/768/EEC of 27. July 1976 on the approximation of the laws of the Member States relating to cosmetic products and European Parliament and Council Regulation (EC) No 1782/2003. 1223/2009 of 30. November 2009 on cosmetic products.



l) Council Directive 95/5/EC of 27. February 1995 amending Directive 92/120/EEC on the conditions for granting temporary and limited derogations from specific community health rules for the production and placing on the market of certain products of animal origin.



m) European Parliament and Council Regulation (EC) No 1782/2003. 1107/2009 of 21. October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC. '



Annex 2 Annex 2»

List A

Biocidal products should not be sold or used in Denmark.

Biocidal products containing that active substance:

Dichlorvos (against insects) 1)

List B

Active substances which it is prohibited to place on the market or use in biocidal products or groups thereof in accordance with the international obligation or agreement: ' Official notes
1) Act contains provisions implementing parts of the European Parliament and of the Council directive 2009/128/EC of 21. October 2009 establishing a framework for Community action to achieve a sustainable use of pesticides, the official journal of the European Union 2009, nr. L 309, page 71. In the law included certain provisions from the European Parliament and of the Council Regulation No 40/94. 1107/2009/EC of 21. October 2009 concerning the placing of plant protection products on the market and repealing Council Directive 79/117/EEC and 91/414/EEC, Official Journal of the European Union 2009, nr. L 309, page 1. According to article 288 of the Treaty where a regulation is directly applicable in each Member State. The reproduction of these provisions of the Act is thus entirely justified in practical terms and shall not affect the validity of the regulation's immediate in Denmark.

1) Decision, as notified in accordance with Directive 98/34/EC, which codifies the information procedure laid down in Directive 83/189/EEC, is taken having regard to the following biocide products: dichlorvos: Vapona Strip; ) ice (tributyltin) oxide: Sigmatox Grundings oil, Vacsol, Vacsol, 2158 2159 Vacsol 2157, Vacsol Konvac vacuumimprægneringsvæske 6106-2151, 2000, Intra Grundings oil, Grundings oil, Solignum ColVac High, ColVac Low and Bridex 20.