The Federal Council brings new chemical legislation into force
Bern, 18.05.2005 - On 1st August 2005, the Federal Council will bring into force new legislation on chemical substances and the totally revised Ordinance concerning the placing of plant protection products on the market. New labelling on products will give consumers more complete information about possible dangers. Alignment with EU requirements will be beneficial for Swiss chemical industry. This legislation has been harmonised with the EU, and takes account of up-to-date scientific and technical information. The level of protection for human beings and the environment from damaging effects of chemical substances will be improved.
Through the new legislation on chemical substances, for the Swiss chemical industry, unnecessary technical impediments to trade will be reduced, whilst the previous high level of protection will be maintained.
The alterations to the Swiss requirements for putting chemical substances on the market, to meet those of the EU, will be an advantage for consumers. They will notice the new labelling system on the packages and labels of chemical preparations such as cleaning agents, washing detergents, insecticide sprays, paints and dyes, and adhesives. Danger symbols and warnings will give a clearer indication of possible dangers than the previous poison bands and poison classes. The new labelling system will become obligatory on 1st August 2005, with a transition period of two years. The new danger symbols are already in use on certain products, on a voluntary basis.
The new legislation on chemical substances will also be beneficial for the Swiss chemical industry. Since most preparations will no longer be subject to authorisation, small and medium enterprises in Switzerland will benefit from lower administrative costs and less waiting periods. However, manufacturers and importers will become subject to self-regulation, which means that they must test and assess substances and products themselves, and classify and label them according to the criteria and regulations. Nevertheless, this is already done by the many companies that have been exporting chemicals to the EU. There will be stricter requirements for new substances, biocide products, and plant protection agents.
The improvement in goods trading should make products from the EU more readily available. The application of identical norms (labelling, package) will also help consumers to compare products from Switzerland with those from other countries.
The new chemical legislation will have positive effects on the environment and for people. Whenever the EU regulations are stricter, they are adopted, for instance in the case of heavy metals and of brominated flame retardants, which are banned. Certain Swiss regulations such as the ban on phosphates in washing detergents are maintained, despite less strict regulations in the EU.
It is envisaged that the execution of the new chemical legislation will involve a division of tasks between the federal government and the cantons. The federal government will be responsible for the assessment and authorisation of chemical substances. A joint notification office for chemicals will be created by the Federal Office for Public Health (FOPH), the Swiss Agency for the Environment, Forests and Landscape (SAEFL) and the State Secretariat for Economic Affairs (seco). This will be the point of reception of external notifications, will send out decisions and will co-ordinate internal procedures. For plant protection agents the notification office will still be the Federal Office for Agriculture. The cantons will continue to be active in market supervision on the spot.
The new chemical legislation includes the Federal Law concerning Protection against Dangerous Substances and Preparations (LChem), passed by the Federal Assembly on 15th December 2000, and the provisions for its implementation. These provisions are based not only on the Law on Chemical Substances but also on the Law on the Protection of the Environment (LPE). Therefore, there are integrated regulations on the protection of consumers, employees and the environment. The ordinances have been worked out jointly by the Federal Department of Home Affairs, the Federal Department of Environment, Transport, Energy and Communications, and the Federal Department of Economic Affairs. When the new chemical legislation comes into force on 1st August 2005, the previous Law on Toxic Substances and the Ordinance on Substances will both be repealed.
Summary of the new ordinances
The Ordinance on Chemical Substances provides the "basic legislation" for dealing with chemicals. It regulates the requirements for self-regulation, its contents and scope, the general regulations for the classification and labelling of chemicals, the notification of new substances and the requirement to give information on the product register, which is to be continued. The Ordinance on Chemical Substances also regulates the handing over and reception of especially dangerous substances and preparations, and the requirements for producing safety data sheets.
The Biocide Product Ordinance (BPO) and the Ordinance concerning the placing of plant protection products on the market(OPPP) regulate the procedures for the authorisation of pesticide products (23 product types, including disinfection agents, preservation agents and wood preservatives) and plant protection agents. The EU harmonised positive lists of active substances are acknowledged without exception in the case of the BPO, and to a large extent in the case of the OPPP. Trade products formulated on the basis of these active substances are subject to an autonomous Swiss authorisation procedure, as in EU member states.
The Chemical Risk Reduction Ordinance (ChemRRO) contains special regulations for chemical substances that may represent a special danger for human beings and the environment. It applies to a total of 31 substances or product groups, and contains restrictions and prohibitions on their manufacture, putting them on the market and their application, and special requirements for labelling and waste disposal. There are also requirements for people who use certain hazardous chemicals (requirement to obtain technical approval).
In addition, the package of ordinances also comprises the Ordinance on Good Laboratory Practice (quality assurance for test data), the Chemical Ordinance relating to levying Charges (charges for federal execution) and a collective piece of legislation with all the repealing of and changes to previous legislation. The PIC Ordinance has already been in force since 1st January 2005, regulating prior informed consent for the export of certain dangerous chemicals.
For further information see: www.cheminfo.ch (available in German, French and Italian)
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