Law on the amendment of the law on chemicals 1)
(Implementation of EU rules on self-control and information and investigation obligations, as well as the enforcement of rules on enforcement)
We, by God's grace, the Queen of the Danes, do our thing.
The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :
In the law of chemicals, cf. Law Order no. 878 of 26. June 2010, as amended by Section 19 of Law No 484 of 11. 1 May 2010, section 1 of Law No 294 of 11. April 2011, section 5 of the law. 553 of 1. June 2011 and section 5 of the Act 1273 of 21. December 2011, the following changes are made :
1. I footnote 2 the title of the law, Act 4. :
' The law shall include provisions in addition to the Regulation (EC) No 2 of the European Parliament and of the Council 648/2004 by 31. In March 2004, on detergents, the EU Official Journal 2004, nr. Regulation (EC) No 104, p, 104, page 1 and Regulation (EC) No, 765/2008 of 9. July 2008, on the requirements for accreditation and market surveillance in relation to the marketing of products and repealing Council Regulation (EEC) No 2. 339/93, EU Official Journal 2008, nr. "L 218, page 30."
2. After paragraph 39 a is inserted :
" § 39 b. The Minister for the Environment, Public Health and Consumer Policy, which relates to substances, mixtures and other products covered by this law, rules on producers, importers and distributors ' own checks and information and investigation, shall be determined by the Environment Minister. including Duchus
1) ensuring that the production and goods are in accordance with the requirements laid down ;
2) keep records,
3) to prepare and keep documentation and declarations of conformity,
4) to label goods and to ensure that goods are accompanied by specific information and documentation,
5) to revoke illegal goods from resellers and users,
6) to provide specific information, including information on illegal goods,
7) to provide information and documentation to authorities in the European Union at the request of a language which is easily understood by the authority concerned, and, moreover, to cooperate with the competent authorities ; and
8) at the request of an authority to identify the goods delivered to or received from goods. ` ;
3. § 48, paragraph. 2, no. 3, ITREAS :
" 3) retracts the substance, the mixture, or the product from resellers or users and ' ;
4. § 48, paragraph. 3, ITREAS :
" Stop. 3. Retailers and users of a substance, a mixture or a product which is revoked in accordance with paragraph 1. 2, no. 3, it is the duty to return the substance, the mixture or the goods to the person responsible for his instructions. '
5. I § 48, paragraph. 5, is replaced by ' 1-4 ` : ' 1, 2 and 4 `.
6. The following section 48 is inserted :
" § 48 a. The Supervisory Authority may allow the necessary measures to be carried out on behalf of the person responsible for the expiry of the time limit set out.
Paragraph 2. Retailers and users of substances, mixtures and other goods withdrawn pursuant to paragraph 1. 1, has the duty to hand them to the instructions of the supervisory authority.
Paragraph 3. The Supervisory Authority may instructs the person responsible to receive or pay for the disposal of substances, mixtures and other goods withdrawn pursuant to paragraph 1. 1.
Paragraph 4. If the supervisory authority considers that a substance, a mixture or a product poses a serious risk to human health or the environment, it may be liable to the charge without prior injunction to destroy or otherwise unuterate the substance, the mixture or the goods if deemed necessary to be considered necessary.
Paragraph 5. The Supervisory Authority may, when deemed necessary, inform the public of the dangers of a substance, a mixture or a product. Publication after 1. Act. can be made entirely digitally.
Paragraph 6. Decision of the Supervisory Authority after paragraph 1. 1-5 may not be complained to another administrative authority.
§ 48 b. In the event of a breach of this law or rules laid down by this law, the supervisory authority or police may, on behalf of the supervisory authority, be able to carry out the seizure of illegal seizure in the Chapter 74 of the Court of Justice in the case of seizure in the Chapter 74 of the Court of Justice. substances, mixtures and other goods ;
1) for the purpose of the law or destruction,
2) to ensure the proof of proof and
3) to guarantee the requirements of the public at the cost of the costs incurred, the confiscation and the fine.
Paragraph 2. Illegal substances, mixtures and other goods which no one has or know are available to, and where no one makes a right, be taken in the preservation of the supervisory authority or police on behalf of the supervisory authority. Paragk 1, 4 and 5 shall not apply.
Paragraph 3. Are illegal substances, mixtures and other goods that have been impounded or taken in accordance with paragraph 1. 1 or 2, have not been lawless within four months of the end of the month in which the goods have been impounded or taken into storage, the supervisory authority may, without further notice, destroy the substances, mixtures and other goods and their products ; packagings where it is deemed necessary to prevent health or the environment at risk. The same applies if any penalty claim or case costs are not paid within the time limit set out in 1. Act. In the case of substances, mixtures or other goods, where the supervisory authority estimates that the legality of legality is not possible before the end of the time limit set out in 1. pkton, the supervisory authority may destroy the substances, mixtures or other products immediately.
Paragraph 4. Where the application for the approval of control funds has been seized in accordance with paragraph 1. 1, not received within 10 days of the seizure, the supervisory authority may destroy them immediately.
Paragraph 5. Where substances, mixtures and other goods seized in accordance with paragraph 1 shall be impounded. 1, lawmaking and debit claims and costs incurred shall be paid before destruction has been made, cf. paragraph 3 and 4 shall be shipped to the person who has been impounded, or to another which proves to be justified to them. However, this does not apply to the necessary copies to prove it.
Paragraph 6. The costs of the seizure, preservation and destruction shall be imposed on the person responsible for the relationship.
Paragraph 7. Decisions pursuant to paragraph 1. 1-6 may not be complained to the second administrative authority. `
7. § 49, paragraph. 1, ITREAS :
" The supervisory authorities or persons authorized by these authorities shall, where deemed necessary be deemed necessary at any time, without a court order of access to public and private properties, premises and means of transport, to carry out inspection or other tasks, in accordance with this law or rules, issued with legal basis in the law. The Supervisory Authority shall have access to studies, photographers, copying or incorporating documents and including other items without remuneration, including copies of substances, mixtures and other items regulated under the law. Receipt for items taken must be provided. The producer or importer of an extractor product or product test is required to reimburse the invoice price of the test or provide a corresponding copy against the presentation of the receipt. '
8. § 50 revoked.
9. I § 59, paragraph. 4, inserted after "§ 39," : "§ 39 b,".
The law shall enter into force on 1. April 2012.
Givet on Amalienborg, the 28th. February 2012
Under Our Royal Hand and Segl
In the Queen's name :
/ Ida Auken
1) The law contains provisions that complement the Regulation (EC) of the European Parliament and of the Council. 648/2004 by 31. In March 2004, on detergents, the EU Official Journal 2004, nr. Regulation (EC) No 104, p, 104, page 1 and Regulation (EC) No, 765/2008 of 9. July 2008, on the requirements for accreditation and market surveillance in relation to the marketing of products and repealing Council Regulation (EEC) No 2. 339/93, EU Official Journal 2008, nr. I 218, page 30.