New ordinance on envir...
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New ordinance on environment enforcement

24 February 2011

A new ordinance (2011:13) relating to environment enforcement has been issued by the Swedish government. The ordinance will come into force on 1 March 2011, abrogating the Supervision Ordinance (1998:900).

Chemical enforcement will be divided between the Swedish Chemicals Agency (KemI), county administrative boards and municipalities.

The municipalities will be responsible for

  • Checking the handling of chemicals. This includes to check risks described in safety data sheets and to ensure correct handling of exposure scenarios and that no prohibited substances are used.
  • Checking "own users" (companies manufacturing or importing chemicals to Sweden for their own use) and that they report their products to the Swedish products register and submit a registration notification to the European Chemicals Agency (ECHA) when it is required. This was previously the responsibility of KemI.
  • Checking retailers and their chemicals and articles for sale.

KemI will be responsible for inspecting chemical products and biotechnical organisms that are placed on the market by primary suppliers. Supervision of other suppliers are conducted in co-operation between the different authorities.

Additional changes for KemI:

  • KemI takes over the responsibility from the Swedish Civil Contingencies Agency (MSB), for example parts relating to the classification and labelling of flammables, explosives and oxidising products, including guiding municipalities in these matters.
  • KemI takes over responsibility from the Swedish Environmental Protection Agency relating to ozone-depleting substances and fluorinated gases when it comes to placing on the market.

The County Administrative Boards will be responsible for supervising activities which are hazardous to the environment, such as:

  • Checking the handling of chemicals. This includes to check risks described in safety data sheets and to ensure correct handling of exposure scenarios and that no prohibited substances are used.
  • Checking that "own users" (companies manufacturing or importing chemicals to Sweden for their own use) report their products to the Swedish products register and submit a registration notification to the European Chemicals Agency (ECHA) when it is required. This was previously the responsibility of KemI.  

Definitions of terms and concepts
Handling: any activity or measure involving manufacture, processing, treatment, packaging, storage, transport, use, disposal, destruction, processing, sale, transfer and similar procedures.

Primary supplier: any manufacturer placing a chemical product, a biotechnical organism or an article on the market, anyone professionally importing a chemical product, biotechnical organism or an article to Sweden with the intention of placing it on the market or anyone professionally exporting a chemical product, biotechnical organism or an article from Sweden.

Place on the market: supply or make a product available for someone else.

Manufacturer: anyone manufacturing a chemical product, biotechnical organism or an article or who in his own name packages, repackages or changes the name of a chemical product or biotechnical organism.

Biotechnical organism: a product that is produced specifically as a control agent or for any other technical purpose and which, wholly or in part, consists of or contains a living microorganism.