BIH: What are the obligations for substances of particular concern in the Republic of Srpska?

You are already aware that the Republic of Srpska has published the List of Amendments to the List of Substances of Very High Concern ("Official Gazette of the Republic of Srpska", number 11/24), and that the List of Substances that are candidates for inclusion in the List of Substances of Very High Concern – the Candidate List – has been updated.

Remember, you can find these lists on the website of the Ministry of Health and Social Welfare of the Republic of Srpska.

Today, I am providing an overview of the obligations prescribed for substances of very high concern, as well as for candidate substances.

For substances on the List of Substances of Very High Concern, as well as mixtures containing them, specific rules apply in the Republic of Srpska when registering in the Chemical Inventory:

1. The lower threshold for registering chemicals in the Chemical Inventory is 1 kg/year for substances of very high concern, and 10 kg/year for mixtures containing substances of very high concern (the lower threshold for other chemicals is 100 kg/year);
   
   
2. These chemicals are registered in the Inventory through the authorization procedure (a higher fee compared to the registration procedure for other hazardous chemicals);
   
   
3. When registering in the Inventory, it is necessary to provide additional information on:

• the method of use of the substance,
• possible alternative substances and technologies,
• the hazards and risks of alternatives to human health and the environment,
• the technical and socioeconomic justification for replacing the substance with a less hazardous one;

4. If a chemical included in the List of Substances of Very High Concern was previously registered in the Inventory under the registration procedure, it must be authorized in accordance with the new conditions.

Additional obligations are prescribed for suppliers of finished products containing more than 0.1% of substances of very high concern: it is mandatory to inform all distributors or further users in the supply chain about their presence. In addition, it is necessary to provide information sufficient for the safe use of that product.

These requirements are defined by the Law on Chemicals and the Regulation on the Chemical Inventory.

To be clear, the additional obligations and costs actually serve as an incentive to move away from the production, trade, and use of substances of very high concern.

The Candidate List is informative and serves as a reminder for manufacturers, importers, and users of these substances that they are under special regulatory scrutiny.

If, after evaluation, candidate substances are included in the List of Substances of Very High Concern, all the additional obligations I previously mentioned will apply. Therefore, it is recommended to replace substances on the Candidate List with less hazardous alternatives in a timely manner. 

Of course, substances of very high concern carry additional risks during use, so additional protective measures (technical measures, personal protection measures, etc.) must be applied. This further complicates and increases the cost of work processes.

The presence of substances of very high concern in finished products is undesirable, often prohibited, and requires transparent user information. The obligation to inform the supply chain about the presence of substances in the product also applies to candidate substances.

All these are reasons to consider alternatives to substances of very high concern. For substances included in the List of Substances of Very High Concern, obligations already exist. You should have considered the best options for them in the previous period.

However, for substances on the Candidate List, now is the right time for action. Check if you produce, import, or use such substances. Then check if adequate alternatives are available for them. This process takes time, so it is necessary to start early.

If you need help assessing whether your sales program or production includes substances of very high concern, feel free to write to me at nina.pajovic@bens-consulting.eu