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Regulation (1998:944) Of Non-Accommodation In Some Cases In Connection With The Handling, Import And Export Of Chemical Products

Original Language Title: Förordning (1998:944) om förbud m.m. i vissa fall i samband med hantering, införsel och utförsel av kemiska produkter

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Article 1 this regulation lays down specific provisions concerning the

ban or other restrictions on the handling of



1. cadmium,



2. chlorinated solvents,



3. mercury,



4. cadmium and mercury in batteries,



5. heavy metals in packaging,



6. ammunition containing lead,



7. detergents containing phosphates, and



8. some other health or environmental hazardous chemical products

and goods.



The regulation is notified pursuant to chapter 14. section 8 environmental code

in terms of 3, 5-11, 11-14 and 14 (b) and 20 (a) sections and otherwise

with the support of Chapter 8. section 7 of the Constitution.



The regulation does not apply to chemical products and biotechnical

organisms covered by the Food Act (2006:804), law

(2006:805) on feed and animal by-products or

the medicines Act (2015:315). Regulation (2015:459).



2 repealed by Regulation (2009:654).



Cadmium



3 § fertilizers related to heading 25.10, 28.09,

28.35, 31.03, or 31.05 containing higher levels of cadmium than

100 grams per tonne of phosphorous may not be marketed or transferred.



The Swedish Chemicals Agency, in each case provide waivers

from the prohibition laid down in the first subparagraph, if there are special reasons.

Regulation (2009:654).



4 repealed by Regulation (2009:654).



4 (a) repealed by Regulation (2008:255).



4 b repealed by Regulation (2008:255).



4 c repealed by Regulation (2008:255).



Chlorinated solvents



§ 5/expires U: 2016-04-21/

Chemical products consisting in whole or in part by

methylene chloride, trichloroethylene, or tetrachloroethylene,

not be traded or transferred to consumers of

single use.



The Swedish Chemicals Agency may provide that

products that contain methylene chloride, trichloroethylene, or

tetrachloroethylene may not be traded or transferred to

consumers for private use.



Prohibition of methylene chloride applies only if a

similar bans have not already implied by section 59(1) of the

Annex XVII to the regulation of the European Parliament and

(EC) No 1907/2006 of 18 december 2006 concerning the registration,

evaluation, authorisation and restriction of chemicals

(Reach), establishing a European Chemicals Agency,

amending Directive 1999/45/EC and repealing Council

Regulation (EEC) No 793/93 and Commission Regulation

(EC) No 1488/94 as well as Council Directive 76/769/EEC and

Commission Directive 91/155/EEC, 93/67/EEC, 93/105/EC

and 2000/21/EC. Regulation (2010:1145).



§ 5/entry into force: 21/04/2016

Chemical products that consists wholly or partially of methylene chloride or tetrachloroethylene may not be traded or transferred to consumers for private use.



The Swedish Chemicals Agency may provide that products containing methylene chloride or tetrachloroethylene may not be traded or transferred to consumers for private use.



Prohibition of methylene chloride applies only if a corresponding prohibition not already implied by section 59(1) of annex XVII to Regulation (EC) No 1907/2006 of 18 december 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (Reach), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission directives 91/155/EEC , 93/67/EEC, 93/105/EC and 2000/21/EC.

Regulation (2016:144).



6 §/expires U: 2016-04-21/

Chemical products consisting in whole or in part by

methylene chloride or trichloroethylene must not be placed on the

be transferred or used for business purposes.



In the case of methylene chloride as a paint Remover



1. the prohibition of placing on the market and transfer only

If a corresponding prohibition of placing on the market

not already implied by section 59(1) of annex XVII to

Regulation (EC) No 1907/2006, and



2. the prohibition of use, no such use

permitted under section 59(4) of annex XVII to

Regulation (EC) No 1907/2006. Regulation (2010:1145).



6 §/entry into force: 21/04/2016

Chemical products that consists wholly or partially of methylene chloride must not be traded, assigned, or used for business purposes.



In the case of methylene chloride as a paint Remover



1. the prohibition of placing on the market and transfer only if a corresponding prohibition of placing on the market not already implied by section 59(1) of annex XVII to Regulation (EC) No 1907/2006, and



2. the prohibition of such use not permitted under section 59(4) of annex XVII to Regulation (EC) No 1907/2006. Regulation (2016:144).



section 7 of the Swedish Chemicals Agency may, in the case of the prohibitions provided for in paragraph 5 of the

first subparagraph, and paragraph 6 of the first subparagraph



1. provide for such exceptions as there are

specific reasons for, and



2. in the particular case give special dispensation, if there are

serious reasons.



Exceptions and exemptions must not refer to such use

or such placing on the market of methylene chloride as

Paint removers as referred to in paragraph 59(2) in annex XVII

to Regulation (EC) No 1907/2006. Regulation (2010:1145).



Mercury



section 8 With mercury mercury covered by this regulation and

chemical compounds and preparations where mercury is used

or has been added.



With mercury-containing products referred to in this regulation

goods and equipment where mercury is used or has

added. Regulation (2009:14).



§ 9 Mercury shall not be placed on the Swedish market

or used in Sweden.



Products containing mercury must not be placed on the

Swedish market.



In article 1 of European Parliament and Council Regulation (EC)

No 1102/2008 of 22 April 2008 on the banning of exports

metallic mercury and certain mercury compounds and

Mercury mixtures and the safe storage of metallic

Mercury provides for export from the European Union is

prohibited. Mercury and mercury-containing products

may not in other cases professionally conducted out from

Sweden. Regulation (2012:370).



section 10 of the prohibitions in section 9 does not apply



1. mercury occurs naturally in coal, ore or

malmkoncentrat,



2. batteries,



3. packaging and packaging components,



4. motor vehicles and their trailers which are subject to

of provisions on the type-approval of vehicle regulation

(2009:211),



5. light trucks and other cars than EU type-approved

passenger cars covered by section 2 of the Regulation (2003:208) if

prohibition of certain metals in cars,



6. in vitro diagnostic medical devices covered by the Act

(1993:584) concerning medical devices,



7. professional dispatch of amalgam for dental use as

subject to the Act (1993:584) concerning medical devices, if

the exit is made to another country of the European Union or

The European economic area,



8. medicinal products for human use and veterinary medicinal products

covered by the medicines Act (2015:315) and of

European Parliament and Council Regulation (EC) No 726/2004 of the

the Council 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,



9. If a corresponding prohibition of placing on the market

or use follow of annex XVII to Regulation (EC)

No 1907/2006,



10. the uses that are permitted under article 67(1), second

sentence and 18a. 3, 18a. 6 and 18a. 8 in annex XVII to the

Regulation (EC) 1907/2006,



11. professional removal or introduction of



a) goods in connection with the repair or calibration

abroad,



b) military equipment in connection with exercise, education or

international activities, or



c) spare parts and other components for repair and

maintenance of equipment for a specific military purpose,



12. waste containing mercury which are exported from Sweden for

recovery or disposal, or



13. electrical and electronic equipment, cables and

spare parts covered by the Regulation (2012:861) if

hazardous substances in electrical and electronic equipment.

Regulation (2015:561).



10 (a) repealed by Regulation (2009:654).



11 § the Swedish Chemicals Agency may provide for

exception or in the particular case waive the prohibitions

in section 9, if the exception or exemption does not mean anything

tangible contribution to human or environmental exposure

for mercury and



1. the use meets the overriding public need and

some other options are not available on the market,

or



2. There are special reasons.



A regulation or dispensation under the first subparagraph shall not

be designed so that it is contrary to such prohibition

discrimination resulting from Sweden's membership of the European

Union.



Rules on exclusions and exemptions must not refer to management

prohibited by Regulation (EC) no 1102/2008.

Regulation (2012:370).



chemical products for batteries



Cadmium and mercury in batteries



11 a § With electrical equipment referred to in this regulation is the same as

of the Regulation (2014:1075) on producer responsibility for

electrical equipment of machines.



With batteries and laptop batteries referred to in this regulation

the same as in the Regulation (2008:834) on producer responsibility for

batteries.



With batteries by coin cell type referred to in this regulation cover small

round portable batteries with larger diameter than the height and

used in hearing aids, watches, small portable equipment,

as back-up or for other special purposes.

Regulation (2015:559).




11 (b) § With provide the market referred to in 11 c and 11 d of each provision in the course of a commercial activity, whether in return for payment or free of charge, for distribution, consumption or use on the Community market. Regulation (2015:559).



11 c § batteries containing more than 0.0005%

Mercury must not be made available on the market or

Professional be introduced to Sweden. The ban also applies to

batteries built into electrical equipment.

Regulation (2015:559).



section 11 d/expires U: 2017-01-01/

Laptop batteries that contain more than 0.002

% cadmium by weight shall not be made available on the market

or professional be introduced to Sweden. The prohibition applies

even batteries built into electrical equipment.



The ban does not apply to portable batteries that are intended to

be used in



1. emergency lighting systems and other emergency and alarm systems,



2. medical equipment, or



3. Cordless portable devices intended for

maintenance, construction or civil engineering or

gardening (electronic hand tools).

Regulation (2015:559).



section 11 d/entry into force: 01/01/2017

Laptop batteries that contain more than 0.002

% cadmium by weight shall not be made available on the market

or professional be introduced to Sweden. The prohibition applies

even batteries built into electrical equipment.



The ban does not apply to portable batteries that are intended to

be used in



1. emergency lighting systems and other emergency and alarm systems,

or



2. medical equipment.

Regulation (2015:560).



11 e repealed by Regulation (2015:559).



11 (f) repealed by Regulation (2012:862).



Heavy metals in packaging materials



section 12 of packaging or packaging components shall not

manufactured, marketed or transferred if the sum of

the concentrations of lead, cadmium, mercury and hexavalent chromium

exceed the following values:



1.600 µ g/g,



2.250 µ g/g after 30 June 1999,



3.100 µ g/g after 30 June 2001.



The use of cadmium is subject to finish or

as a stabilizer or dye is special

the provisions of paragraphs 3 and 4.



The first subparagraph shall not apply to packaging that has been in use before the

on 31 december 1994.



the provisions of section 12, section 13 does not apply to packaging or

packaging components which are solely manufactured by

such a lead crystal glass as defined in Council Directive 69/493/EEC

of 15 december 1969 on the approximation of the laws of the Member States '

law on kristallglas2, as last amended by Council

decision of 1 December 19733.



section 14 of the Swedish Chemicals Agency may provide for

except in the particular case, or provide an exemption from section 12,

to the extent necessary to comply with the decisions of the

The European Commission has taken under article 11 of the

European Parliament and Council Directive 94/62/EC of 20

December 1994 on packaging and packaging waste,

as last amended by European Parliament and Council

Regulation (EC) No 219/2009. Regulation (2010:1188).



Ammunition containing lead



14 a of for the purposes of this regulation,



ammunition: cartridges loaded with Buckshot or slug,



Wetland: a vast wilderness area where the water surface is near

under, level with or near above the surface, where the water level

allowed to vary with the natural seasonal variations, and



hunting Stig's shooting: shooting towards the target figures in the terrain.

Regulation (2007:988).



14 b of the cartridges that are loaded with lead shot may not be used



1. for the shooting which is not hunting,



2. when hunting on wetlands, or



3. for hunting over shallow sections of open water.

Regulation (2007:988).



14 c § If, having regard to the purpose or the safety of

the use is no acceptable lead free

the ammunition options, hail containing lead despite

the prohibition in paragraph 14 (b) be used in the



1. the test firing,



2. hunting Stig's shooting, and



3. tests for hunting license for approved test leader.

Regulation (2007:988).



14 d § environmental protection agency may provide for



1. derogation from the prohibition provided for in paragraph 14 (b) of



a) historical shooting, and



b) shooting in the women's double trap and sportskyttegrenarna trap, skeet, if

International sportskyttefederationens rules do not provide

space for the use of lead-free ammunition in these branches,



2. the execution of 14 b, § 3, and



3. in the case of other than the armed forces and national defence

materiel, actions to be taken on the shooting ranges and

firing range where ammunition containing lead are used so that

the lead does not cause damage or nuisance to human health

or the environment. Regulation (2007:988).



Detergents containing phosphates



14 repealed by Regulation (2013:503).



14 f § dishwasher detergents containing phosphates may not

sale or transferred to consumers for private use,

If the total phosphorus in detergent exceeds 0.5

% by weight. Regulation (2010:267).



Some other health-and environmentally hazardous products and goods



section 15 the following chemical products or goods shall not be placed on the

or transferred:



1. matches in whose light the mass included white or yellow phosphorus,



2. goods for cleaning drains, if the item contains acid to

a content exceeding 10% by weight or base (lye) in

a liquid form of a content exceeding 2% by weight,



3. motorkylarvätska, washer fluid, or other car care resources

contains methanol, unless the vehicle is not at the same time contains

ethanol and methanol content amounts to no more than five% of

the amount of ethanol.



15 (a) repealed by Regulation (2012:339).



15 (b) repealed by Regulation (2012:339).



15 (c) repealed by Regulation (2012:339).



section 16 of the articles of the following kind shall not be placed on the market or

transferred, if the contains or has been treated with a chemical

product and thus likely to cause harm in humans:



1. medical and sanitary ware,



2. articles of clothing and material thereof,



3. household goods.

Regulation (1999:620).



16 (a) repealed by Regulation (2006:525).



section 17 if there are special reasons, the Swedish Chemicals Agency in

the individual case dispense 15, 16 or 16 a of.

Regulation (1999:620).



section 18 in relation to the spread of lime or other substance to

combat acidification in lakes or rivers, the County Administrative Board

provide for



1. the precautions to be observed in the spread,



2. the control measures as necessary.



A copy of the County Board's decision shall be sent to it, or

the Municipal Councils performing tasks in environmental and

health protection zone.



section 19 of a chemical product that is intended to fight oil

has come loose in or next to a body of water, or for

clean-up on the occasion of such output may only be used

According to the rules that the environmental protection agency Announces.



section 20 of sewage sludge for agricultural purposes may be placed on the market and

be transferred only if the metal content does not exceed what is

evidenced by the following:



Metal mg/kg dry weight



Lead 100

Cadmium 2

Copper 600

Chrome 100

Mercury 2.5

Nickel 50

Zinc 800



If there are special reasons, the environmental protection agency, with

observance of the Swedish Riksdag approved commitments under

the agreement on the European economic area, in the

individual case dispense as stated in the first and

second paragraph.



Exceptions and derogations from Regulation (EC) No 1907/2006



20 a of the Swedish Chemicals Agency may provide for

exception or in the particular case waive

prohibitions in annex XVII to Regulation (EC) No 1907/2006.

Such exceptions and exemptions must not be contrary to the

the provisions in the annex. Regulation (2010:1145).



Enforcement regulations



21 § Additional provisions on the enforcement of this

Regulation announced by the Swedish Chemicals Agency.



Supervision and fees



section 22 of the regulations on supervision, see chapter 26. the environmental code and the

environmental protection Regulation (2011:13). Provisions on the

operational supervisory responsibilities associated with this regulation

see Chapter 2. 4, 21 to 23 and 29 to 32 sections

environmental protection regulation.



Provisions on fees can be found in the Ordinance (1998:940) if

fees for the examination and supervision under the Environment Act.

Regulation (2011:27).



Appeal



section 23 of chapter 19. section 1 the Environment Act contains provisions on

appeal.



Penalties and forfeiture



section 24 of the 29 Cape. Environment Act lays down rules on the penalties and

confiscation.



Transitional provisions



1999:620



This Regulation shall enter into force on 1 August 1999. Toys

and childcare articles referred to in paragraph 16 (a), first sentence, for which

purchase agreement concluded before the entry into force, shall be placed on the market and

transferred to 31 March 2000.



Toys and childcare articles referred to in paragraph 16 (a), first sentence,

for which contracts for purchases concluded before 1 August 1999,

sale and transferred to 31 March 2000.

Marketing and transfers, however, should not be in question if the

toys and childcare articles intended to be placed in the mouth

of children under three years of age and who is made of, or partially

made of soft PVC containing more than 0.1

percentage by weight of one or more of the following substances:

Di-isononyl phthalate (DINP) CAS no 28553-12,-0, EINECS no 249-079-

5, diethylhexyl phthalate (DEHP) CAS No 117-81-7 EINECS no 204-

211-0, di-n-Octyl phthalate (DNOP) CAS No 117-84-0 EINECS no 204-

214-7, Di-isodecyl phthalate (DIDP) CAS no 26761-40,-0, EINECS no


247-977-1, butyl benzyl phthalate (BBP) CAS No 85-68-7 EINECS no

201-622-7 and dibutyl phthalate (DBP) CAS No 84-74-2 EINECS no

201-557-4. Regulation (1999:1392).



2002:273



1. This Regulation shall enter into force on 1 January 2008 in respect

about 14 (b), 14 (d) and (e) sections 14 and July 1, 2002.

Regulation (2005:635).



2. The provision in section 14 (c) does not apply to training and competition in

hunting trail shooting until 31 december 2007 and the exercise

and competition in the women's double trap sportskyttegrenarna trap, skeet, and

Automatic trap until 31 december 2004.

Regulation (2005:634).



2003:1190



This Regulation shall enter into force on 13 January 2004. The new

the provisions shall, however, apply to the time from the

January 1, 2004.



2007:1304



1. This Regulation shall enter into force on 1 March 2008.



2. Despite the prohibition in § 14, e textile detergent that has

manufactured before 1 March 2008 sale or transferred

until 31 August 2008.



2008:837



This Regulation shall enter into force on 1 January 2009. Prohibitions in

section 11 (c) does not apply to batteries that have been placed on the market

before 26 september 2008. Regulation (2009:54).



2009:14



1. this Regulation shall enter into force on 1 June 2009.



2. For kloralkaliproduktion, despite the ban of mercury in

9 section be used and placed on the market in

Sweden until 10 december 2017.

Regulation (2014:231).



2010:267



1. This Regulation shall enter into force on July 1, 2011.



2. the dishwasher detergents manufactured before July 1, 2011

Despite the ban in may, 14 f § sale and transferred to and

31 december 2011.



2015:559



1. this Regulation shall enter into force on 13 October 2015.



2. the prohibitions in the 11 c and 11 d section does not apply to batteries

made available on the market before 26 september 2008.



3. Despite the prohibition in § 11 c, remaining stocks of batteries

of the button cell type that is lawfully supplied on the market

before 13 October 2015, continue to be made available on the

market and be introduced to Sweden until stocks are

end of the year.



2015:560



1. this Regulation shall enter into force on January 1, 2017.



2. by way of derogation from the prohibition provided for in paragraph 11 (d), remaining stocks of batteries

intended to be used in Cordless portable devices that are

intended for maintenance, construction or civil engineering

or gardening (electronic hand tools) that are legally

supplied on the market before 1 January 2017

continue to be made available on the market and be introduced to

Sweden until stocks are exhausted.