The Chemicals Act of the Federation of BiH: How to Prepare for Upcoming Obligations

Today’s article is primarily intended for manufacturers and importers of chemicals based in the Federation of Bosnia and Herzegovina. However, it is also important for all those who sell chemicals within this territory.

If you belong to one of these categories, you have likely already faced challenges caused by the inconsistent chemical legislation across Bosnia and Herzegovina.

Let’s therefore look at which regulations apply in the Federation of Bosnia and Herzegovina and how you can prepare for the upcoming changes.

The Chemicals Act of the Federation of Bosnia and Herzegovina was adopted back in October 2020. Although this was an important step towards alignment with EU standards, not much has progressed — the law is still not being implemented.

The reason is simple: the necessary by-laws enabling the enforcement of legal obligations in practice are still missing. That’s why, in the Federation of BiH, the old regulations on poisons still apply — obligations relate only to substances listed as poisons or to mixtures containing them.

Nevertheless, it is essential to prepare for the obligations that manufacturers and importers will face once the new Chemicals Act starts being enforced. The most important include:

• registration in the Register of Manufacturers and Importers of Chemicals,

• registration of chemicals in the Inventory of Chemicals,

• appointment of a chemical safety advisor,

• preparation of Safety Data Sheets (SDS),

• classification and labelling of chemicals.

However, without detailed by-laws defining the procedures, these obligations cannot be implemented. Once the by-laws are adopted, transitional periods defined in Article 56 of the Act will apply — as I have written earlier.

Adopting the necessary by-laws to enable the implementation of the Chemicals Act would significantly simplify the functioning of Bosnia and Herzegovina’s market. It would also ensure that manufacturers and importers in the Federation of BiH have the same level of obligations already in place for those in the Republic of Srpska.

What Can You Do Now While Waiting for the By-Laws?

Even though the by-laws are not yet adopted, there are specific steps you can already take to prepare for the Act’s implementation:

1. Identify all chemicals you place on the market of the Federation of BiH.
Check which chemicals you manufacture or import, their intended use, whether they are considered biocides, and whether any restrictions or bans apply. This will give you a clearer overview of your obligations.

2. Check whether your chemicals are correctly classified and labelled.
Although classification and labelling rules are not yet defined in the Federation of BiH, you can follow the regulations applied in the Republic of Srpska as guidance. These are already aligned with EU legislation and will most likely be adopted in the Federation as well.

3. Prepare proper Safety Data Sheets.
The content of Safety Data Sheets (SDS) is defined in the EU, the Republic of Srpska, and other neighbouring countries. Your SDS must comply with international standards. As this is a fundamental document for every chemical, a high-quality SDS will make it easier to prepare registration files when the time comes.

Conclusion

The Chemicals Act in the Federation of BiH is formally in force, but its implementation has not yet started. For that, the adoption of key by-laws is required.

However, this doesn’t mean you should wait passively. Preparation now means an easier transition later — and it can give you a competitive advantage.

If you’re unsure how to prepare or need help with creating SDS documents, feel free to contact me at nina.pajovic@bens-consulting.eu. I’m confident I can help.