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Law No. 324 Of 10 November 2005

Original Language Title:  LEGE nr. 324 din 10 noiembrie 2005

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LEGE no. 324 324 of 10 November 2005 to amend and supplement Government Emergency Ordinance no. 200/2000 on the classification, labelling and packaging of dangerous chemicals and preparations
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 1.019 1.019 of 17 November 2005



The Romanian Parliament adopts this law + Article I Government Emergency Ordinance no. 200 200 of 9 November 2000 on the classification, labelling and packaging of dangerous chemicals and preparations, published in the Official Gazette of Romania, Part I, no. 593 of 22 November 2000, approved with amendments by Law no. 451/2001 ,, amend and supplement as follows: 1. Article 1 shall read as follows: "" Art. 1. -This emergency ordinance establishes the legal framework for the classification, labelling and packaging of dangerous chemicals and preparations for humans and the environment, with a view to placing on the market. " 2. In Article 4, letter f) shall read as follows: " f) pesticides, intended for the end-user; '. 3. In Article 6, letter d) shall read as follows: " d) placing on the market-making available to third parties, including import into the territory of Romania, which is considered to be placed on the market for the purposes of this emergency ordinance; 4. In Article 7, letters k) and m) shall read as follows: " k) sensitising substances and preparations-substances and preparations which by inhalation or skin penetration may give rise to a hypersensitivity reaction, and in the case of prolonged exposure they produce characteristic adverse effects; .......................................................................... m) mutagenic substances and preparations-substances and preparations which by inhalation, ingestion or skin penetration may cause hereditary genetic abnormalities or increase their frequency; '. 5. In Article 14, the introductory part shall read as follows: "" Art. 14. -The placing on the market of dangerous substances shall only be permitted if the following packaging requirements are complied with: ". 6. In Article 15, the introductory part shall read as follows: "" Art. 15. -The placing on the market of dangerous preparations shall be permitted only if the following packaging requirements are complied with: ". 7. In Article 16, the introductory part and letter b) shall read as follows: "" Art. 16. -Hazardous substances may be placed on the market only if the packaging label includes the following legible indications, which cannot be deleted: .......................................................................... b) the full name and address, including the telephone number, of the one responsible for the placing on the market of the dangerous chemical or chemical preparation, namely the manufacturer, the importer or the distributor; '. 8. In Article 17, the introductory part shall read as follows: "" Art. 17. -Dangerous preparations may be placed on the market only if the packaging label includes the following legible indications, which cannot be deleted: '. 9. After Article 19, a new article is inserted, Article 19 ^ 1, with the following contents: "" Art. 19 19 ^ 1. -(1) Manufacturers, distributors and importers of dangerous substances included in IESCE but not included in Annex no. 2 to the methodological norms for the application Government Emergency Ordinance no. 200/2000 on the classification, labelling and packaging of dangerous chemicals and preparations approved by Government Decision no. 490/2002 , are required to conduct investigations/conduct investigations to become aware of relevant accessible information on the properties of these substances. (2) Based on the information provided in par. (1), manufacturers, distributors and importers must package dangerous substances and label them according to the provisions of art. 14 14, 16 and Annex no. 1 to the methodological norms for the application Government Emergency Ordinance no. 200/2000 on the classification, labelling and packaging of dangerous chemicals and preparations approved by Government Decision no. 490/2002 .. " 10. In paragraph 1 of Article 23, after letter b) a new letter, letter b ^ 1) is inserted, with the following contents: " b ^ 1) monitors manufacturers and importers of hazardous chemicals and preparations; '. 11. Paragraph 2 of Article 23 shall read as follows: "(2) The organization and functioning of the National Agency for Hazardous Substances and Chemicals shall be established by Government Decision." 12. After paragraph 2 of Article 23, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: "" (3) The financing of current and capital expenditures of the National Agency for Hazardous Substances and Chemicals shall be ensured from their own income and subsidies granted from the state budget. (4) The provisions of par. ((3) shall enter into force on 1 January 2007. '; 13. In Article 25, after letter c) a new letter, letter c ^ 1) is inserted, with the following contents: " c ^ 1) non-transmission of information requested by the National Agency for Hazardous Substances and Chemicals, according to the provisions of art. 23 23 para. ((1) lit. a); ". 14. Article 26 shall read as follows: "" Art. 26. -(1) The breastfeed provided for in art. 25 lit. a) is sanctioned with a fine of 5,000 lei (RON) to 10,000 lei (RON), as well as with the withdrawal of the authorization to conduct commercial activities. ((2) The facts provided for in art. 25 lit. b), c) and c ^ 1) are sanctioned with a fine of 10,000 lei (RON) to 15,000 lei (RON). (3) The breastfeed provided for in art. 25 lit. d) is sanctioned with a fine of 5,000 lei (RON) to 10,000 lei (RON). " 15. After Article 37, a new article is inserted, Article 37 ^ 1, with the following contents: "" Art. 37 37 ^ 1. -The present emergency ordinance transposes the provisions Council Directive 67 /548/EEC on the classification, labelling and packaging of dangerous substances, published in the Official Journal of the European Union no. P196 of August 16, 1967, with subsequent amendments and completions, until the seventh amendment, and the Directive 1999 /45/EC on the classification, labelling and packaging of dangerous preparations, published in the Official Journal of the European Union no. L 200 of 30 July 1999. ' + Article II In text Government Emergency Ordinance no. 200/2000 on the classification, labelling and packaging of dangerous chemicals and preparations, approved with amendments Law no. 451/2001 , the following phrases are replaced by the following: a) "Ministry of Industry and Commerce" shall be replaced by "Ministry of Economy and Trade"; b) "The Ministry of Water, Forestry and Environmental Protection" is replaced by the "Ministry of Environment and Water Management"; c) "The Ministry of Labour and Social Protection" is replaced by "Ministry of Labour, Social Solidarity and Family". + Article III Government Emergency Ordinance no. 200/2000 on the classification, labelling and packaging of dangerous chemicals and preparations, published in the Official Gazette of Romania, Part I, no. 593 of 22 November 2000, approved with amendments by Law no. 451/2001 , with the amendments and additions made by this law, will be republished, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, DAN RADU RUSANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, November 10, 2005. No. 324. ___________