We received a question from a potential customer regarding planning the sale of hazardous chemicals on the Slovenian market. Before they decide to start their business, they want to thoroughly study what they need in order to operate in accordance with Slovenian and European legislation.
First of all, it is necessary to determine whether the products are classified as hazardous chemicals or not. How to distinguish a hazardous chemical from a non-hazardous one? Hazardous chemicals are substances or mixtures that have at least one of the hazardous properties. We are warned about the type of danger by the danger phrases - H phrases, which are specified in the safety data sheet and can be found on the product labels.
According to the data from the safety data sheet, which is obtained from the supplier or manufacturer, it can therefore be seen whether it is a hazardous chemical or a chemical that is not classified as hazardous.
It is important that the safety data sheet complies with the currently applicable legislation. The following requirements must be observed in the safety data sheet:
- usage (section 1.2),
- emergency telephone number (section 1.4),
- properly defined hazard phrases (H phrases) and precautionary phrases (P-phrases) (Section 2),
- correct classification of the mixture (based on data for individual substances in the mixture) (section 3),
- local and biological limit values for exposure to hazardous substances at the workplace (Section 8),
- local personal protective equipment (section 8),
- appropriate UN number – depending on the type of hazard (Section 14),
- the local legislation on the basis of which the safety data sheet was drawn up (Section 15).
As long as the chemical is not classified as hazardous, there are no special legal restrictions regarding placing it on the Slovenian market.
If the chemical is hazardous, it is necessary to ensure:
- safety data sheet in the Slovenian language,
- labeling of the chemical in the Slovenian language,
- registration of the chemical at the Buraeu of Chemicals in Slovenia,
- PCN notification (Poison Center Notification),
- a permit to manufacture or trade in hazardous chemicals and
- a chemical consultant.
1. The safety data sheet is the identity card of the chemical. It presents important information for people who come into contact with a hazardous chemical and for medical personnel who care for an individual if hazardous health conditions have occurred due to the harmful effects of hazardous substances.
Safety data sheets must comply with the latest published Regulation, which determines their content and form. Currently, this is Regulation 878/2020. You can read more about this Regulation and whether safety data sheets are aligned with this Regulation here.
In Slovenia, safety data sheets must be in the native language, i.e. Slovenian.
2. The label is defined in section 2.2 of the safety data sheet and contains the trade name of the chemical, the hazard pictogram(s) (if applicable), the hazard statements (H-phrases), the precautionary statements (P-phrases), the signal word "DANGER" or "ATTENTION", the net quantity and the name, address and telephone number of the supplier.
The labels of chemicals on the market in Slovenia must be in the Slovenian language.
3. After arranging the safety data sheet and the label, it is time to register the chemical with the Bureau of Chemicals in Slovenia. Registration is done through the ISK application - Information system for chemicals. Thus, the Bureau of Chemicals has control over the production, transport, storage and use of dangerous chemicals.
You can read more about data reporting itself at this link.
4. PCN (Poison Center Notification) is a notification procedure by which a company reports information about a hazardous mixture to a single European database of poison centers.
The task of poison control centers is to protect people and their health, and this has been further improved/upgraded with the help of the PCN notification.
Certain EU member states have already established their information systems, while others are in the process of establishing them. Through the PCN notification process, a single European database has been created, in which poison control centers throughout Europe have available accurate information (including composition) about dangerous chemicals on the market. You can read about the latest situation in the EU in this article.
From 1 January 2021, PCN notification is mandatory for consumer and professional use.
From 1 January 2024, PCN notification is mandatory for industrial use.
5. It is also very important that the company has the appropriate permits. There are several permits, so it is extremely important to obtain the appropriate permits depending on the type of business.
Permits vary by activity:
- a permit to engage in the production of hazardous chemicals,
- a permit to carry out the activity of traffic in hazardous chemicals,
- a permit for carrying out the storage of hazardous chemicals as an activity entered in the register,
- a permit to carry out the activity of using hazardous chemicals.
6. A chemical consultant is needed by a company that needs a license to carry out the activities of transport, production or storage of dangerous chemicals. The tasks of the chemical consultant are:
- knowledge of legislation in the field of production, transport, storage and use of hazardous chemicals,
- warning and advising the employer about hazardous chemicals,
- representing the company in administrative matters in procedures at the Bureau of Chemicals and
- cooperation with other chemical consultants.
If you have found yourself in the same situation as our client, you can contact me at spela.hudobivnik@bens-consulting.eu and I will help you step into the world of chemical legislation.
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