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See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The aim of this law is to protect health and the environment against the dangers and disadvantages of chemicals.
This law provides for the implementation of eu chemicals legislation and a number of national obligations regarding chemicals. It shall also implement Regulation (EC) No 765/2008 of the European Parliament and of the Council laying down requirements for accreditation and market surveillance relating to the marketing of products.
This law shall also apply to biocidal products whose efficacy is based on a small life.
A decree of the Council of State may provide for the necessary derogations from the application of this Act, the REACH Regulation and the clp Regulation, if necessary for defence purposes.
Exceptions may relate to:
1) information in the supply chain and the obligations of downstream users;
2) the authorisation procedure under the REACH Regulation;
3) Classification, labelling and notifications under the clp Regulation;
4) reporting to the supervisory authorities.
In addition, the defence administration may derogate from the requirements of this law, the REACH Regulation and the clp Regulation, provided that the law on public authorities (18/09/1999) Under Article 24 (1) (10) or by law on international information security obligations (588/2004) Where the conditions for confidentiality of the document are satisfied or otherwise, due to the nature, purpose or specific tasks of the defence, is necessary.
The application of this law and of the European Union's chemicals legislation in the defence administration must be carried out with due care and caution in order to prevent personal, environmental and property damage.
The Government Decree may provide for derogations from the restrictions on hazardous substances, mixtures and articles as referred to in Article 67 of the REACH Regulation, as set out in the Annex to the REACH Regulation, and Necessary provisions to prevent and combat the health and environmental damage caused by the chemicals listed in the Annex.
In addition, the prevention and combating of chemical and physical hazards and damage to the environment and to the environment are laid down in the following laws:
1) Environmental protection law (177/2014) ; (27.6.2010)
2) environmental protection law (1672/2009) ;
3) Waste law (166/2011) ;
4) a law on the safety of dangerous chemicals and explosives (390/2005) ;
5) health protection; (763/1994) ;
6) Safety at work law (2002) ;
7) law on plant protection products (1563/2011) ;
(8) Law on the transport of dangerous goods (19/1994) ;
(9) radiation (1892/1991) ;
10) Law on cosmetic products (992/2013) ;
11) Pharmaceutical law (185/1987) ;
(12) Law on medical equipment and supplies (19/2010) ;
13) Law on the safety of toys (13/04/2011) ;
14) drug law; (3703/2008) .
Safety of consumer goods and consumer services is laid down in the Consumer Safety Act (1920/2011) In so far as it is not provided for in this law or in the chemicals legislation of the European Union.
For the purpose of this Law
(1) European Union chemicals legislation The following EU Regulations and the acts adopted pursuant thereto:
(a) the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999 /45/EC and Council Regulation (EEC) No 793/93, Commission Regulation (EC) No 1488/94, Regulation (EC) No 1907/2006 of the European Parliament and of the Council of the European Parliament and of the Council repealing Council Directive 76 /769/EEC and Commission Directives 91 /155/EEC, 93 /67/EEC, 93 /105/EC and 2000 /21/EC, hereinafter referred to as REACH Regulation ;
(b) Regulation (EC) No 1272/2008 of the European Parliament and of the Council amending and repealing Directive 67 /548/EEC and 1999 /45/EC, amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006, Below Clp Regulation ;
(c) Regulation (EU) No 528/2012 of the European Parliament and of the Council on the making available on the market and use of biocidal products, hereinafter referred to as: Biocidal regulation ;
(d) Regulation (EC) No 648/2004 of the European Parliament and of the Council on detergents, hereinafter referred to as: Detergents regulation ;
(e) Regulation (EU) No 649/2012 of the European Parliament and of the Council concerning the export and import of dangerous chemicals ( PIC Regulation ;
(f) Regulation (EC) No 850/2004 of the European Parliament and of the Council amending Directive 79 /117/EEC and amending Directive 79 /117/EEC, hereinafter referred to as POP Regulation And
(g) Regulation (EC) No 1102/2008 of the European Parliament and of the Council concerning the prohibition of the export of metallic mercury and certain mercury compounds and mixtures, and the safe storage of metallic mercury, hereinafter referred to as: Mercury ban regulation ;
(2) Chemical Substances and mixtures as defined in the REACH Regulation and the clp Regulation;
(3) Object The object as defined in the REACH Regulation;
(4) With a treated article The treated article as defined in the Biocidal Products Regulation;
(5) A hazardous chemical A substance or mixture that is to be classified or labelled in accordance with the clp Regulation or for which a safety data sheet shall be submitted in accordance with the REACH Regulation;
(6) Biocidal product A biocidal product and a biocidal product in accordance with Chapter 5;
(7) Operator The person who manufactures, imports, places on the market, exports, stores, packaged, distributes, distributes or otherwise uses the chemical within the meaning of this law or in the legislation of the European Union.
The general management, monitoring and development of activities under this law, as well as the management and control of compliance with the law and the provisions adopted pursuant to it shall be:
(1) the Ministry of Social Affairs and Health in relation to the prevention and control of physical hazards and risks to health and the physical hazards of chemicals; and
2) the Ministry of the Environment with regard to the prevention and control of environmental hazards and harm caused by chemicals.
The Agency shall be responsible for the production and placing on the market of the provisions of this Act and of the provisions adopted pursuant thereto, the REACH Regulation, the CLP Regulation, the detergent Regulation, the Biocidal Products Regulation and Articles 3 and 4 of the POP Regulation. The prohibition of compliance with prohibitions and restrictions, unless otherwise provided for in this Act.
The Finnish Environment Agency shall monitor compliance with Article 23 and the provisions adopted pursuant to it, the POP and PIC and the notified prior informed consent procedure for certain hazardous chemicals and pesticides The Rotterdam Convention ('sops107/2004 '), hereinafter' the The Rotterdam Convention , unless otherwise provided in the law.
The employment protection authority monitors compliance with this law and the provisions adopted pursuant to it and the European Union's chemicals legislation in a job where the employer is obliged to comply with the Safety and Health Act.
Where the Authority finds in the context of supervision that the provisions of this law or of chemicals legislation in the European Union are likely to have been breached in the placing on the market or use of a chemical or chemical containing a chemical or chemical, The Law on the supervision of labour protection and the workplace (1940/2006) May provisionally prohibit the release on the market or use of a chemical or chemical device containing a chemical or chemical, where applicable, as provided for in Article 18 (4) of that Law. The inspector shall refer the matter to the Regional Administrative Agency, which shall refer the matter to the Security and Chemicals Agency.
In addition to the provisions of Article 52 concerning access to information and the transmission of confidential information, the supervisory and control activities of the Labour Inspection Service shall be subject to the law on the supervision of the protection of workers and of the work protection cooperation in the workplace.
The Centre for Food, Transport and the Environment, as well as the Environmental Protection Authority of the Municipality:
(1) compliance with this law and the provisions adopted thereunder;
(2) compliance with the conditions and conditions for the use of the biocidal product within the meaning of Article 17 of the Biocidal Products Regulation or Article 30 of this Law;
3) compliance with Articles 3 and 4 concerning the use of the substance of the POP Regulation;
(4) compliance with Articles 14 and 37 of the REACH Regulation on the conditions and safety measures of the substance, Title VII on the use of authorised substances and the provisions of Article 67 on restrictions on the substance, in accordance with the Environmental Protection Act Control of the risk of environmental pollution, in so far as the control concerns the operator's obligation to prevent and combat environmental damage in the use and storage of the chemical.
The Centre for Food, Transport and the Environment shall direct the environmental protection authority of the municipality under the supervision referred to in paragraph 1.
The Agency shall ensure that good laboratory practice is applied in the field of research, as provided for in Article 24 and in the European Union chemicals legislation.
Customs control the import, export and transit of chemicals legislation of the European Union on the import, export and transit of articles containing chemicals and its provisions on biocidal products, Export and transit operations.
In particular, the duty to monitor compliance with eu chemicals legislation is to ensure that:
(1) registrations and notifications referred to in Title II of the REACH Regulation have been made for the importation of substances and mixtures containing them;
(2) the authorisation referred to in Title VII of the REACH Regulation has been authorised for the importation of substances subject to authorisation and mixtures containing them;
(3) The restrictions referred to in Article 67 of the REACH Regulation shall apply for the importation of substances and mixtures containing them;
(4) the prohibitions and restrictions referred to in the POP Regulation shall apply to imports of substances referred to in Annexes I and II to the Regulation;
(5) obligations relating to the import and export of chemicals and articles containing them referred to in Annex I to the PIC Regulation and the prohibition of the export of chemicals and articles referred to in Annex V;
(6) the export ban in accordance with Article 1 of the OPS Regulation is complied with;
(7) the obligations of the Biocidal Products Regulation concerning the authorisation of biocidal products and the importation of treated articles are complied with.
When a consignment comes to Finland from a Member State of the European Union, the Customs control the restrictions under Annex XVII to the REACH Regulation and the authorisation of biocidal products under the Biocidal Products Regulation and of this Act and the import of treated articles Compliance with obligations.
The control shall comply with the customs code (1466/1994) Unless otherwise provided for in this Act.
The Defence Forces shall monitor compliance with this law and the chemicals legislation of the European Union in the military activities of the armed forces or in the exercise of its military activities, in secret defence implications and in crisis management tasks. More detailed provisions are laid down by the Ministry of Defence's decree.
The Agency shall act as a competent authority within the meaning of Article 121 of the REACH Regulation, Article 43 of the CLP Regulation, Article 81 of the Biocidal Products Regulation and Article 8 of the CLP Regulation and Article 45 of the CLP Regulation. Shall be designated as a designated body.
The Finnish Environment Agency shall act as the competent authority within the meaning of Article 15 of the POP Regulation and as a designated national authority under Article 4 of the PIC Regulation. The Finnish Environment Agency shall also act as a designated national authority within the meaning of the Rotterdam Convention, subject to the PIC Regulation.
The Agency shall provide a national helpdesk for the provision of Article 124 of the REACH Regulation, Article 44 of the clp Regulation and Article 81 of the Biocidal Products Regulation for manufacturers, importers, downstream users, distributors And other interested parties.
The Safety and Chemicals Agency shall keep records of the notifications made to it under this Act, on decisions concerning the authorisation of biocidal products, on the competence of biocidal products and on the persons who have carried out the special examination of biocidal products, and Registered biocidal products in pest control companies.
The Security and Chemicals Agency shall have the following registers:
(1) a chemical product register containing the information referred to in Article 22;
(2) information pursuant to Article 45 of the CLP Regulation;
(3) the Biocidal Products Directive containing information on biocidal products authorised under this Act and the Biocidal Products Regulation;
(4) a register of qualifications and a business register containing information on persons performing the examination of biocidal products referred to in Article 38 and in Article 41 and on biocidal products registered in accordance with Article 44; On pest control companies and responsible persons.
The registers shall not be classified as confidential in accordance with Article 56 and through a general information network, with the exception of the information referred to in Article 45 of the CLP Regulation referred to in paragraph 2 of this Article. The Safety and Chemicals Agency shall transmit this information to the Poison Data Centre for the purpose of providing instructions for the treatment of poisons.
Other information necessary for monitoring compliance with this law and the provisions adopted pursuant to it may also be stored in the registers of the Agency.
More detailed provisions may be adopted by the Government Decree on the registers referred to in paragraph 2 and their use.
The Government of the Ministry of Social Affairs and Health may, on a proposal from the Ministry of Social Affairs and Health for a period of three years, set up a conference on chemicals to promote cooperation between authorities, key organisations and other actors in the field of chemical risks. Under control.
The Council Regulation lays down more detailed provisions on the composition and tasks of the Advisory Board.
In addition to what is laid down in the EU chemicals legislation, where chemicals are used, it is a principle that:
(1) are sufficiently aware of the health and environmental impact of the chemical and the conditions for the sale of the chemical;
(2) adequate care and care is taken to prevent health and environmental damage, taking into account the quantity and hazard of the chemical;
(3) In order to prevent harm caused by chemicals, select, where reasonably practicable, the use of existing chemicals or methods with the lowest risk.
The labelling of a biocidal product, a plant protection product under the plant protection product and a dangerous chemical must be written in Finnish and Swedish. The names of the substances listed in Annex VI to the clp Regulation may be subject to more detailed provisions by a decree of the Ministry of Social Affairs and Health.
The safety data sheet pursuant to Article 31 of the REACH Regulation shall be transmitted to the recipient of the chemical in accordance with this choice, either in Finnish or Swedish or in both languages.
The Agency may require the authorisation of the biocidal product to be submitted to the applicant in Finnish or Swedish, as provided for in Article 33 (1), Article 34 (2) or Article 53 (4) of the Biocidal Products Regulation.
In addition to what is laid down in the EU chemicals legislation on marketing, labelling and packaging, the marketing of chemicals must not refer to a chemical in a way that is misleading or untruthful about the chemical The risks to health or the environment.
In addition, the marketing of biocidal products referred to in Chapter 5 shall be subject to the provisions of Article 72 of the Biocidal Products Regulation.
The operator responsible for placing a dangerous chemical on the market or for use in Finland shall submit the information on the chemical to the Safety and Chemicals Agency.
In addition, the operator referred to in paragraph 1 and the authorised operator in accordance with Article 30 shall inform the Agency of the information on the market or of the biocidal products they have made available to the Agency and The quantities of dangerous chemicals.
The provision of the information referred to in paragraphs 1 and 2 shall be subject to more detailed provisions by a decree of the Ministry of Social Affairs and Health.
Any export of a chemical from the European Economic Area shall be notified and used otherwise as provided for in the PIC Regulation.
The export of a chemical from the European Economic Area shall be notified to the Finnish Environment Agency concerning the export of a chemical other than that listed in Annex I to the PIC Regulation. The Finnish Environment Agency shall forward the notification to the authority of the host country in accordance with the Rotterdam Convention.
More specific provisions may be adopted by the Government Decree on the chemicals referred to in paragraph 2, on the control of their exports and on the content, handling, timing and validity of the export declaration.
A study on the health and environmental impact of chemicals submitted to the authorities required by the European Union chemicals legislation must be carried out in a laboratory which complies with the principles of good laboratory practice Requirements laid down in Directive 2004 /10/EC of the European Parliament and of the Council on the approximation of laws, regulations and administrative provisions relating to the testing and verification of chemical substances, or otherwise Follow good laboratory practice.
The Agency shall approve the laboratory as authorised testing laboratory in the event of a laboratory demonstrating compliance with the Directive referred to in paragraph 1. The powers of the Agency for the approval and verification of laboratories carrying out chemical testing shall be governed by the provisions of the Pharmaceutical Act concerning the supervision, conditions and limitations of laboratories , the withdrawal of approval, the powers of the inspector, the adoption of the provisions and the procedure for the review of the order.
The authorised testing laboratory shall inform the Agency of the essential changes taking place in its activities.
The chemical shall not be disposed of from retail if it is evident that the use of the chemical can pose a particular risk to health.
The recipient of a dangerous chemical shall be required to provide the donor with the necessary information on the recipient, user and purpose of the chemical.
In so far as the substance is not mentioned in Annex XVII to the REACH Regulation, the Decree of the Council of State may be more specific:
(1) the conditions for the sale and storage of dangerous or otherwise harmful chemicals for the retail and other purposes of retail sale and other forms of donation, as well as the prevention of any obvious misuse of health; Restrictions on retail sales;
(2) the conditions for the disposal of a chemical hazardous chemical from the pharmacy;
3. On the implementation of the obligation to provide information on the recipient of a chemical dangerous chemical.
The provisions of this Article shall not apply to:
(1) medicinal products for human or veterinary use;
2) ammunition;
3) explosives for the purpose of the law on the safety of hazardous chemicals and explosives;
(4) drugs covered by the drugs law.
For the purposes of this Chapter, a biocidal product:
1) a protective chemical intended for the treatment of timber from pollution or destruction caused by harmful organisms ( Wood-preserving chemical ) Or to prevent the growth and obstruction due to the growth of micro-organisms harmful to the refrigeration and circulatory system, or the protection of cellulose mass and wood-containing pulp from pollution and destruction caused by organisms harmful ( Anti-lima chemical );
(2) Anti-fouling product intended to prevent the growth of a crop of microbial and more advanced species of plant and animal species into vessels, equipment used in fish farms or other aquatic structures ( Anti-fouling );
(3) a biocide pesticide intended to be used as an insecticide or as a repellent of insects, in dwellings and in stockpiles and warehouses or other indoors, or other forms of destruction; The purpose of the intended purpose.
The biocidal product shall not be placed on the market or used without authorisation unless otherwise provided for in the Biocidal Products Regulation. The Security and Chemicals Agency shall be approved by the Agency.
The authorisation of a biocidal product may be claimed for the first time that the biocidal product is placed on the market in Finland. The applicant shall have a permanent seat in the European Union.
The authorisation may be applied until the active substance has been approved in accordance with the Biocidal Products Regulation.
The application shall contain the information necessary for the assessment of the conditions of health and environmental effects, effectiveness and other characteristics of the product. More detailed provisions on the application and the information to be annexed thereto are laid down by a decree of the Ministry of the Environment.
A biocidal product shall be authorised if the following conditions are met:
(1) the biocidal product contains only active substances evaluated or evaluated for the 10 years referred to in Article 16 (2) of Directive 98 /8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market Under Commission Regulation (EC) No 1451/2007 on the second phase of the work programme, but which have not yet been approved for that product-type;
(2) the biocidal product and the residues resulting from it, or residues resulting from its use, do not cause apparent harm to health or the environment under the conditions of authorisation;
(3) the biocidal product is sufficiently effective and suitable for its intended use;
(4) analytical methods are available for the active substances contained in the biocidal product as well as residues resulting from the substances and uses of the product which may have significant health or environmental effects.
A biocidal product that meets the criteria set out in Article 19 (4) (a) or (b) of the Biocidal Products Regulation with regard to toxicity or carcinogenicity, mutagenicity or reproductive toxicity, shall not be accepted For supply to the general public.
The approval shall be granted for a period not exceeding 10 years and shall be renewed upon application if the conditions for approval are still fulfilled.
When approving the biocidal product, the Safety and Chemicals Agency shall establish the intended use and the instructions for use. The approval decision may also impose restrictions on the release or use of the biocidal product only for a given user or for the holders of a diploma in accordance with Article 38 or Article 41. In addition, the approval decision may be accompanied by the conditions necessary to fulfil the conditions of approval. Where appropriate, the updated Safety Data Sheet in accordance with the approval decision shall be submitted to the Security and Chemicals Agency. For the biocidal products referred to in this Chapter, Article 69 of the Biocidal Products Regulation shall apply mutatis mutandis.
More detailed provisions on the approval decision and the conditions attached thereto may be adopted by a Council Regulation.
The approval of a biocidal product shall be withdrawn if:
(1) the biocidal product no longer meets the conditions laid down in Article 29;
(2) the conditions attached to the approval decision have been substantially infringed; or
(3) false or misleading information has been given on the circumstances that have affected the approval.
The terms of the approval decision shall be amended if necessary for scientific or technical reasons or for the protection of health or the environment.
The approval may be withdrawn or changed by the applicant's own initiative.
More detailed provisions on the withdrawal of recognition and its conditions may be adopted by a decree of the Government.
The applicant shall immediately inform the Agency of any new information on the active substance, the biocidal product containing it and the effects thereof, of which he can reasonably be expected to be aware and which May affect the extension of the approval.
The Security and Chemicals Agency may use the information provided by the applicant, other than publicly available information, at the hearing of the second application only if the data owner has given written consent. The term of protection of the data transmitted under this law shall end at the same time as the term of protection of the data concerned expires in accordance with Articles 60 or 95 of the Biocidal Products Regulation.
A biocidal product or an active substance which has not been approved in accordance with Article 30 shall keep records of the scientific research and development test and shall, on request, provide: To the Safety and Chemicals Agency. Prior to the placing on the market of an active substance or a biocidal product, the corresponding test for the production of research and development shall be notified to the Agency.
For an experiment with or as a result of emissions to the environment, an authorisation from the Safety and Chemicals Agency should be submitted before the test begins. A separate pilot authorisation shall not be required if the Safety and Chemicals Agency has authorised the operator to undertake certain tests and specified the conditions under which the tests may be carried out. The Agency for Safety and Chemicals may, in the authorisation decision, limit the quantities of preparation or substance of the test or the areas to be treated or prescribe other conditions necessary for the protection of health or the environment.
The Ministerial Decree of the Ministry of the Environment may provide for more detailed provisions on time limits for the authorisation and notification procedure, as well as information requirements concerning the test plan, the characteristics of the product, its environmental and health effects, in the test And the instructions for safe use.
The biocidal product shall be used appropriately according to the instructions for use. The use of a biocidal product shall also apply to the rest of the legislation.
The holder of the authorisation referred to in Article 30 or the authorisation holder referred to in Article 17 (2) of the Biocidal Products Regulation shall, at the request of the Safety and Chemicals Agency, provide samples, models and Drafts of packaging, labelling and programme.
The Safety and Chemicals Agency shall adopt a training programme and training programme for the appropriate and safe use of biocidal products intended for professional pest control purposes for professional pest management.
The training shall include adequate training of at least the appropriate and safe handling and use of biocidal products, the prevention of occurrence of pests and the risks associated with the use of biocidal products. Management.
The training provider shall be subject to the condition that the promoter or the trainer in his service has sufficient training and experience of biocidal products and their use and that the training programme fulfils the conditions laid down in paragraph 2. Requirements. Approval shall be valid for a period of five years.
Approval of training may be withdrawn if the conditions for authorisation cease to be approved or if there are material gaps in the organisation of training, and the operator has not remedied its activities in the Security and In spite of the request, within the given deadline.
More detailed provisions on the organisation of training, the organisation and content of training and the preservation of documents may be adopted by a Council regulation.
Where a biocidal product intended for pest control, rodenticide or insecticide, or any other biocidal product used to control arthropods, may be reasonably assessed to cause harm or hazard to human health, or For the environment, the Safety and Chemicals Agency, in the context of the authorisation of the preparation, may decide that it may only be used by the person designated by the Agency for Safety and Chemicals Agency as referred to in Article 17 (2) (4). In the register of diplomas and enterprises.
A certificate for the use of biocidal products shall demonstrate the management of the safe and appropriate handling and use of biocidal products for pest control and the competence of the exterminator. For the purpose of carrying out the investigation, participation in the training referred to in Article 37 is not required if the corresponding information has been obtained by other means.
The investigation shall contain elements relating to the proper and safe treatment and use of biocidal products, the prevention of occurrence of pests and the risk and management of biocidal products. A certificate issued by the Security and Chemicals Agency of the model shall be issued for the approval of the examination. The investigation is valid for five years.
Details of the content and performance of the examination of the use of biocidal products shall be laid down by a Council Regulation.
The Agency shall adopt, upon application, the examiner for the use of biocidal products.
Acceptance of the examination shall be subject to the condition that the consigliant or employed person has good knowledge of pest management and sufficient practical experience. The approval shall be valid for a period of five years and may be withdrawn if the conditions for authorisation cease to be satisfied or where there are material deficiencies in the organisation of the examination, and the operator has not repaired its activities in the Safety and Chemicals Agency. In spite of the request, within the given deadline.
The examiner and his service shall be subject to the provisions relating to criminal liability in the performance of their duties under this Act. Liability for damages is governed by the law on damages (1999) .
More detailed provisions on the receipt of a qualification and the storage of documents may be laid down by a Council regulation.
A person who has completed a certificate for the use of biocidal products for the purpose of tobacco control shall make a declaration to the Agency for verification of competence. The notification shall indicate the person and contact details, as well as the examination of the examination referred to in Article 38. A person meeting the qualification requirements shall be entered in a certificate and company register as referred to in Article 17 (2) (4) of the Safety and Chemicals Agency.
The Agency may decide to withdraw the registration if a person no longer fulfils the conditions for registration. Before revoking the registration, the Security and Chemicals Agency shall provide the person with an opportunity to remedy the deficiency, unless the deficiency is so essential that it is not possible to remove it within a reasonable period.
More detailed provisions on the withdrawal of registration may be issued by a Council Regulation.
In the context of the authorisation of a biocidal product posing a particular risk to health or the environment, the Agency may decide to limit the release and use of the biocidal product only ( Specific support ) For those who have carried out the Safety and Chemicals Agency in the register of degrees and companies as referred to in Article 17 (2) (4). The special examination of biocidal products for pest control may only be carried out by a person who has the qualifications referred to in Article 38.
Training for specific purposes shall include adequate training, at least for the proper, user and other person and for the environmentally safe handling and use of products requiring specific support, and The risks and management of the risks associated with the use of preparations.
The certificate shall be issued by the organiser of the Special Investigations. The special refund is valid for five years.
More detailed provisions on qualifications may be laid down by a Council regulation.
The Agency shall, upon application by the Security and Chemicals Agency, approve the special investigator. The organiser of the special examination shall be approved if the organiser or his staff has a good understanding of the specific subject matter and sufficient practical experience of it. The organiser must be able to provide adequate knowledge and skills for the safe use of the product. The approval shall be valid for a period of five years and may be withdrawn if the conditions for authorisation cease to be satisfied or where there are material deficiencies in the organisation of the examination, and the operator has not repaired its activities in the Safety and Chemicals Agency. In spite of the request, within the given deadline.
Documents relating to the organisation and conduct of a special examination shall be kept for at least five years from the organisation of the examination and shall be presented to the Safety and Chemicals Agency on demand.
The special investigator and his service shall be subject to the provisions relating to criminal liability in the performance of their duties under this Act. The liability for damages is governed by the law on compensation.
More detailed provisions on the organisation of the special investigation may be adopted by a Council Regulation.
The person who has carried out the special examination shall make a statement to the Agency for the verification of the special examination. The notification shall indicate the person and contact details, as well as the performance of the special examination referred to in Article 41. The person who carried out the special purpose shall be entered in the register of examination and business registers referred to in Article 17 (2) (4) of the Safety and Chemicals Agency.
The Agency may decide to withdraw the registration if a person no longer fulfils the conditions for registration. Before revoking the registration, the Security and Chemicals Agency shall provide the person with an opportunity to remedy the deficiency, unless the deficiency is so essential that it is not possible to remove it within a reasonable period.
More detailed provisions on the withdrawal of registration may be issued by a Council Regulation.
An operator carrying out pest management in biocidal products shall notify the Safety and Chemicals Agency prior to the initiation of the pest control. The operator shall, in his main office, have a responsible person who has the training or equivalent qualification referred to in Article 37 and has completed the examination referred to in Article 38. The Safety and Chemicals Agency shall be entered in the register of examination and business registers referred to in Article 17 (2) (4) of the Operator and the responsible person.
The notification shall include the name and contact details of the operator and the person responsible and his qualifications.
The operator shall submit a new notification no later than three months after the change in the person responsible. The cessation of activities shall be notified to the Agency.
In so far as the chemical is not restricted by the REACH Regulation, the Council of State may, by decision, limit or prohibit the manufacture, import, placing on the market and other substances of a chemical or chemical containing a chemical or chemical substance. The disposal, export, use or any other treatment of such assimilated chemical, as well as the restrictions and conditions for action, where the use of a chemical or chemical containing a chemical or chemical substance is or can be reasonably assessed; Serious harm or risk to health or the environment.
The decision referred to in paragraph 1 may also be taken to use the safeguard clause in the EU chemicals legislation.
Where urgent measures are required to combat the harm or risk referred to in paragraph 1, the Security and Chemicals Agency may provisionally impose the necessary prohibitions and restrictions. In such a case, the matter must be brought to the discretion of the Council.
If the operator fails to comply with the provisions of this law or of European Union chemicals legislation , The relevant supervisory authority may prohibit the operator from continuing or repeating the infringement procedure or ordering the operator otherwise to fulfil the obligations laid down by law.
In the cases referred to in paragraph 1, the Security and Chemicals Agency may prescribe the placing on the market or making available on the market of an article containing a chemical or chemical containing a chemical or a withdrawal from the market, The refund procedure, notification of the hazard, or the condition that the chemical is properly neutralised. However, the order or prohibition shall be issued by the Finnish Environment Agency in the case of monitoring compliance with the PIC Regulation or Article 23 (1) or (2).
Where an article containing a chemical or a chemical containing a chemical may present a serious risk to health or the environment, and other forms of risk cannot be prevented, the Safety and Chemicals Agency or its inspector shall have the right to prescribe: A temporary ban on the chemical. The temporary ban will remain in force until the matter is finally resolved. If the ban is issued by an inspector of the Safety and Chemicals Agency, the inspector shall immediately transfer the case to the Security and Chemicals Agency. The safety and chemicals agency needs to resolve this matter urgently.
The Authority may intensify its prohibition or order under this law by periodic penalty payments or, at the risk of a failure to do so, to the detriment of the defaulter or to suspend the action.
The penalty payment, the threat to be made and the threat of suspension are laid down in the (1113/1990) .
The Authority shall, notwithstanding the provisions of confidentiality, have the right to obtain the information necessary for monitoring compliance with this law and the provisions adopted pursuant to it and to the chemicals legislation of the European Union The person to whom the obligations of this law and the provisions adopted pursuant thereto apply to the chemicals legislation of the European Union.
The Authority shall have the right to carry out checks necessary to monitor compliance with this law and the provisions adopted pursuant to it and the chemicals legislation of the European Union outside the premises used for non-permanent housing.
If the Authority does not otherwise have access to the information necessary for the control of the chemical, it shall have the right to receive, in a reasonable amount, a reasonable amount and an examination of an article containing a chemical or chemical A sample necessary to carry out. The operator shall carry out reasonable costs incurred by the investigation.
Before commencing an investigation, an operator must be given an opportunity to be heard. The results of the investigation shall be communicated to the operator, save as otherwise provided in the law on public authorities, the REACH Regulation or the Biocidal Products Regulation.
The Authority may, in its supervisory activities, be assisted by a qualified external expert in the investigation of the relevant point of supervision.
The expert referred to in paragraph 1 shall be subject to the provisions relating to criminal liability in the performance of his duties in respect of supervision activities. The liability for damages is governed by the law on compensation.
Without prejudice to the confidentiality rules, the Authority shall, without prejudice to the information required by the European Union's chemicals legislation and the international agreements adopted by Finland, provide the information required by the relevant EU institutions, international Organisations and countries associated with cooperation. Extradition of personal data abroad must be respected in the context of the Personal Data Act (523/1999) And the International Information Security Obligations Act.
The supervisory authorities shall, notwithstanding the confidentiality provisions, have the right to obtain the information necessary for the purposes of supervision from another supervisory authority and to use samples obtained by another to carry out the necessary investigations for supervision purposes.
Without prejudice to the obligation of professional secrecy laid down in the law on public access to public authorities, the Authority may disclose information obtained under the supervision of a private or Community financial position, trade or professional secrecy, or To the authorities referred to in Article 6 of the Law on Private Personal Conditions, the Social and Health Authorisation and Control Agency, the Food Safety Agency and Article 6 of the Dangerous Goods Act, , as well as other EU monitoring authorities for the control of chemicals legislation in the European Union.
Without prejudice to the provisions of this law, the information obtained under this law shall be disclosed to the prosecutor and to the police in order to prevent and investigate the crime.
In the case of the police and the import, export and transit of chemicals, Customs is obliged to provide assistance in order to monitor and enforce compliance with this law and the provisions adopted pursuant to it. Police assistance shall be provided by the police (493/1995) .
Police L 493/1995 Has been repealed by L 22.7.2011/872 , see Police L 872/2011 chapter 9 .
The general criteria for the level of fees and charges levied by the authorities in accordance with this Act, as well as the other criteria for payments, are laid down in the State Payment Act (150/1992) .
The payment shall be made in whole or in part, if the payment is due to the minor use of the chemical or the biocidal product or for any other reason.
An appeal against a decision by the authority under this law shall be sought in the form of a law on administrative law (18/06/1996) , unless otherwise specified in paragraphs 2 and 3.
A temporary prohibition or restriction within the meaning of Article 45 (3), as referred to in Article 45 (3), or the temporary prohibition referred to in Article 46 (3) shall not be subject to appeal.
When applying for a change in the way of life, transport and the Environment Agency and the environmental protection authority of the municipality pursuant to this Act, the Environmental Protection Act and the implementation of the decision shall be complied with.
A decision pursuant to Articles 31 or 46 of this Act or the PIC Regulation may provide that the decision must be complied with, in spite of the appeal, unless the appeal authority decides otherwise.
The operator responsible for the transmission of the information referred to in Article 22 shall indicate separately the information it considers to be classified as trade and professional secrets, which he claims to be kept secret from the non-security and chemical agencies. The claimant shall state the reasons for his claim.
If the operator referred to in Article 22 itself may disclose information previously kept secret, it shall be notified to the Agency.
Irrespective of what the law on public access to the public authorities provides for commercial or professional secrecy, the requirement to keep secret from the requirement of the operator referred to in Article 22 of this Act is not the following Information on:
(1) the trade name of the substance;
2) the trade name of the mixture;
(3) the name of the manufacturer and the notifier;
(4) the physical and chemical information contained in the notification;
(5) means to render the substance or mixture harmless;
(6) a summary of the results of the studies on the health and environmental impact of the substance or mixture;
(7) the purity of the substance and dangerous impurities or additives, where such information is necessary for the classification and labelling of the substance;
(8) the information contained in the notification concerning:
(a) methods and precautions recommended for handling, storage, transport and fire and other hazards;
(b) precautionary measures required for sudden leakages;
(c) rescue and treatment instructions for toxicity and injury;
(9) information contained in the safety data sheet;
(10) For substances in Annex VI to the clp Regulation, analytical methods to detect dangerous substances released into the environment and to determine human exposure.
The information referred to in paragraph 1 shall not be made available through a general information network if the European Chemicals Agency has limited access to information as provided for in Article 119 (2) of the REACH Regulation.
Irrespective of the provisions of the law on public access to business or trade secrets, the authorisation of a biocidal product within the meaning of Chapter 5 of this Act shall be kept secret by the applicant. The following information concerning the biocidal product:
1) the name and address of the applicant;
(2) the name and address of the manufacturer of the biocidal product and its active substances;
(3) the name of the biocidal product and the names and concentrations of the active substances contained therein;
(4) the names of other substances classified as dangerous, which affect the classification of the product;
(5) information on the physical and chemical properties of the active substances and the biocidal product;
(6) a summary of the results of the tests on the effectiveness of the biocidal product, the ability to induce resistance and the effects on humans, animals and the environment;
(7) information on how the active substance or biocidal product can be rendered harmless, or information on methods and actions, where the substance or preparation is splashing or leaking;
(8) recommended means and precautions for the control, storage, transport and use, as well as risks arising from fire and other accidents;
(9) information on the type of first aid and treatment advice to be provided in the event of damage;
(10) methods for treating the biocidal product and its packaging, as well as the treatment of waste generated by the biocidal product;
11. Safety data sheet;
(12) analytical methods for the substances listed in Annex VI to the active substance or the CLP Regulation to detect substances released into the environment and to determine residues.
Every intention or carelessness
(1) in breach of the language requirement of Article 20 or the provision of Article 21 on the marketing of chemicals;
(2) fails to comply with the obligation to provide the information referred to in Article 22;
(3) fails to comply with the notification requirement laid down in Article 23 (2);
(4) fails to comply with the obligation to accept a biocidal product as provided for in Article 27 or to make an application or notification of a test for testing within the meaning of Article 34;
(5) violates the obligation under Article 35 to use the biocidal product properly and in accordance with instructions for use;
(6) fails to supply the samples referred to in Article 36; or
(7) fail to comply with the notification requirement laid down in Articles 40, 43 or 44;
Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, Of a chemical offence Fine.
Unless otherwise specified elsewhere by law, the offence of a chemical offence shall also be punishable by a deliberate or negligent violation of the REACH
(1) registration or notification obligations under Articles 5 to 7, 9, 11 or 17 to 19 of the European Chemicals Agency,
(2) requirements for the safety assessment, reporting, application or information of chemicals in accordance with Articles 14 or 37 to 39;
(3) the obligation to supply information referred to in Articles 22, 24, 40, 41, 46 or 66 to the European Chemicals Agency,
(4) the obligation of Article 31 concerning the safety data sheet and the transmission of information to the recipient,
(5) the obligation to provide information on the substance or mixture in Article 32;
(6) the obligation to provide information under Articles 33 or 34 or the reporting obligation of the employer in accordance with Article 35;
(7) the obligation under Article 36 to maintain or transmit information to the competent authority or to the European Chemicals Agency;
(8) the obligation under Article 49 to submit further information to the competent authority;
(9) prohibition of placing on the market or use in accordance with Article 56 without explicit authorisation by the European Chemicals Agency for that substance;
(10) the obligation to add the authorisation number to the label under Article 65; or
(11) the restriction set out in Annex XVII on the substance, mixture or article, as set out in Article 67.
Unless otherwise specified elsewhere in the law, the offence of a chemical offence shall also be punishable by a deliberate or negligent violation of the clp Regulation
(1) the obligations relating to classification, labelling and packaging referred to in Article 4 or Title II-IV;
(2) the obligation referred to in Article 40 to report information on the substance to the European Chemicals Agency; or
(3) the obligation referred to in Article 49 to maintain or transmit information to the competent authority, the supervisory authority or the European Chemicals Agency.
Unless otherwise specified elsewhere by law, the offence of a chemical offence shall also be punished by the person who intentionally or negligently infringes the
(1) authorisation or notification obligations under Articles 17 or 27, or the provisions of Articles 89, 93, 94 or 95 on the cessation or use of biocidal products on the market;
(2) the obligation under Article 17 to use the biocidal product in accordance with the conditions and conditions laid down in the authorisation, packaging and labelling requirements;
(3) accounting or reporting obligations under Articles 47 or 56,
(4) obligations relating to the placing on the market, marking or transmission of articles treated with biocidal products under Article 58;
(5) accounting or reporting obligations under Articles 65 or 68,
(6) obligations relating to classification, labelling and packaging in accordance with Article 69; or
7) Advertising obligations under Article 72.
Unless the law provides for a heavier penalty, the offence of a chemical offence shall also be punishable by an offence committed intentionally or negligently
(1) the provisions of Articles 3, 4 or 4a of the detergent Regulation concerning the placing on the market of detergents and of surfactants in detergents, the test requirement in accordance with Article 7, or the failure to provide information in accordance with Article 9;
(2) the obligation under Articles 8, 10, 14 or 17 of the PIC Regulation to provide information on the export of the chemical, the obligation to disclose information in accordance with Article 16, the decision of the recipient country referred to in Article 14; 15 Or the obligation under Article 19 to enter the reference numbers in the export declaration,
(3) the prohibition and restriction referred to in Article 3 of the POP Regulation, or failing to comply with the provisions of Article 5; or
(4) the prohibition of the export of chemicals in accordance with Article 1 of the prohibition of the export of mercury or the obligation to provide information on chemicals in accordance with Article 5.
Any violation of a penalty or order imposed by the penalty imposed by this law may not be punishable by the same offence.
The punishment for a health crime is punishable by criminal law (39/1889) § 1.
The penalty for the deterioration of the environment is provided for Article 48 (1) to (4) § §
This Act shall enter into force on 1 September 2013. However, the provisions of Articles 9, 13, 15, 23, 46, 55 and 59 concerning the PIC Regulation shall not enter into force until 1 March 2014.
This law repeals the chemical law (19/04/1989) (hereinafter ' the 1989 chemical law . However, Article 5 (a) (2), Article 42 (1) and (2), Article 45 (2) and (3), Article 52 (1) (3) and Article 56 of the 1989 Chemicals Act shall apply until 28 February 2014, Articles 17 and 59d of that Law until 31 May 2015, and Article 27 (2) of that Law until 31 December 2015.
The following Regulations adopted under the 1989 Chemicals Act shall remain in force:
1) the Chemicals Regulation (18/05/1993) ;
2) the Government Decree on exceptions to the application of chemicals legislation in the field of defence (996/2010) ;
3) Council Regulation derogating from the provisions of the Annex to Regulation XVII concerning restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles (2047/2009) ;
(4) Regulation on the industrial processing and storage of dangerous chemicals (59/1999) Chapter 8 ;
(5) Decision of the Council on substances that deplete the ozone layer (262/1998) ;
(6) the regulation of the Ministry of Social Affairs and Health on chemicals referred to in Annex VI to the clp Regulation; (2010) ;
(7) Ministry of Social Affairs and Health Regulation on the provision of information on chemicals (553/2008) ;
(8) Ministry of Social Affairs and Health Regulation on the provision of information on chemicals (12/05/2011) ;
(9) Regulation on chemical negotiations; (622/1990) ;
(10) Regulation on the industrial handling and storage of dangerous chemicals in the armed forces (1998) ;
(11) Regulation on the control authorities of the chemicals law in the armed forces; (19/09/1992) ;
12) Council of Ministers Regulation on biocidal products (186/2000) ;
(13) Ministry of Social Affairs and Health Regulation on packaging and labelling of biocidal products (2002) ;
14) Environment Ministry Regulation on applications and notifications for biocidal products and their active substances (467/2000) ;
(15) Environment Ministry Regulation on the application, withdrawal and special conditions of the biocidal product authorisation or registration (2011) .
The following Regulations adopted under the 1989 Chemicals Act shall remain in force until 31 May 2015:
(1) a regulation of the Ministry of Social Affairs and Health on the safety-screening of the dangerous chemical and the hazard symbol for the visually impaired; (414/2011) ; and
2) a regulation of the Ministry of Social Affairs and Health on the criteria and labelling of chemicals; (2006) .
VNa for biocidal products 466/2000 Has been abrogated with Vnato for biocidal products 418/2014 . Applications and notifications of biocidal products and their active substances 467/2000 Has been repealed with regard to applications and declarations for the use of biocidal products and their active substances 419/2014 . From the negotiations on chemicals 622/1990 Has been abrogated with the Vnato negotiations on chemicals 706/2014 .
Pending the entry into force of this Act, cases brought before the entry into force of this Act shall be treated in accordance with the provisions in force, subject to Article 91 of the Biocidal Products Regulation.
Persons using the products referred to in Article 38 of this Act shall verify their qualifications in accordance with Article 40 by 31 December 2016. Operators referred to in Article 44 shall notify the notification referred to in that Article by 31 December 2016.
Decisions concerning the authorisation of biocidal products made before the entry into force of this Act shall be valid for the period specified in the decision, subject to the biocidal product Regulation.
THEY 38/2013 , TaVM 15/2013, EV 75/2013This Act shall enter into force on 1 September 2014.
THEY 214/2013 , YmVM 3/2014, EV 67/2014
