In practice, I often notice that some companies are in a dilemma whether to register in the Register of Producers and Importers of Chemicals (hereinafter referred to as the Register).
Let's try to resolve this dilemma today.
Registration in the Register is determined by the Law on Chemicals of the Republika Srpska and the Law on Chemicals of the Federation of Bosnia and Herzegovina.
According to Article 28, the producer and importer of chemicals is obliged to register this activity with the competent authority (Ministry of Health and Social Welfare of the Republika Srpska and the Federal Ministry of Health) before starting production or importing.
The producer or importer is the first person in the supply chain who places a chemical on the market. Therefore, the obligation to register in the Register applies only to them as the most responsible person with chemicals on the market.
If you are a user of chemicals, you are not obliged to register in the Register, unless you are also their importer or producer.
Even if you are a distributor who resells chemicals imported or produced by another person, you do not have to register in the Register.
To simplify, if you purchase chemicals on the domestic market for your own needs (as a user) or for resale (as a distributor), you do not register with the Register.
Before anything, I strongly recommend you check the definitions of all actors/entities in the supply chain in the Chemicals Act.
In the Republika Srpska, the procedure for registration with the Register is prescribed by the Regulation on the Register of Producers and Importers of Chemicals ("Official Gazette of the Republic of Srpska", No. 69/18).
Such a by-law has not yet been adopted in the Federation of BiH, but its adoption is expected soon.
For violation of the obligation to register with the Register, the law prescribes fines from 5.000 KM (cca. €2.556) to 50.000 KM (cca. €25.565) for a legal entity or from 1.500 KM (cca. €767) to 15,000 KM (cca. €7.670) for an entrepreneur. In addition, violators may be prohibited from carrying out activities for up to six months.
If you need assistance with registration with the Register or with fulfilling other obligations under the Chemicals Regulations, please write to me at nina.pajovic@bens-consulting.eu.
Modified photo: Original image by 2H Media from Unsplash
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