Waiting for the Implementation of the Chemicals Act in the Federation of BiH: 3 Things You Can Do Today

Today's article is primarily aimed at manufacturers and importers from the Federation of Bosnia and Herzegovina.

In conversations with clients, I often hear that they eagerly await the full implementation of the Chemicals Law of the Federation of BiH, adopted in 2020. They say it's crucial to finally start applying the prescribed rules for placing chemicals on the market. This would clearly distinguish serious and responsible manufacturers and distributors from those who skillfully exploit the current lack of regulations.

Some of these first, serious, and responsible ones have long been applying principles in their business that exceed the requirements of current regulations. They are a step ahead of the lawmakers, know what rules and procedures to expect, and are ready for changes.

Then there are the more cautious ones, who are monitoring developments and have started preparations but are waiting for the adoption of by-laws to know exactly what they need to do.

The fact is that regulations on chemicals are complex and extensive, which is why the process of adopting by-laws takes a long time. The start of their practical application will be a challenging process requiring additional engagement from both companies and the competent authorities.

Therefore, it is expected that transitional periods for the full implementation of certain procedures will be defined by the by-laws.

BUT, this doesn't mean there's time to relax. Start your preparations on time.

Here are three things you can do today.

1. Review Your Product Range and Determine Chemical Categories

The first step is to categorize the chemicals you sell:

• check their purpose (e.g., industrial chemicals, biocides, detergents, paints, varnishes),
• see if they contain substances for which restrictions or bans are prescribed,
• check if they contain substances of particular concern, etc.

This step will give you a better insight into upcoming obligations:

• whether you will still be able to sell all chemicals,
• whether you will have additional procedural obligations and costs for certain groups,
• whether you need to prepare additional documentation, etc.

2. Classification and Labeling of Chemicals

This is a key thing to check when it comes to chemicals.

The process of classifying and labeling chemicals is well-known, so you can already classify and label your chemicals now.

In the European Union, since 2010 (with transitional periods), the globally harmonized system of classification and labeling of chemicals by the United Nations – GHS, has been in use. In the form applied in the EU, it is known as CLP (classification, labeling, and packaging).

Once you have adequately classified the chemical, it's time to create a label with labeling elements and basic product information. The content of the label is detailedly prescribed, which I have written about in one of my previous articles.

The data on the label must be aligned with the safety data sheet, which brings us to the third step.

3. Preparation of Safety Data Sheets (SDS)

The Safety Data Sheet (SDS) is the primary source of information about chemicals, enabling users to take measures to protect human health and safety at the workplace, as well as environmental protection.

The content of this document is detailedly prescribed and applied in the European Union and surrounding countries, so you can prepare it for your chemicals today.

A well-prepared SDS is a specific document for each chemical and will serve as a basis for preparing other documentation necessary for placing chemicals on the market, regardless of the specific procedures that will be prescribed for special categories.

For assistance in all three steps, you can use the regulations in force in the Republic of Srpska. Since the laws in the two entities are fully harmonized, the same is expected for the by-laws.

And given that the regulations of both entities are aligned with European Union regulations, you can directly follow those regulations if they are of interest to your product category.

Have you already done any of this?

Always keep in mind that preparing documentation for chemicals can be a challenging and lengthy process that requires broad knowledge from various fields.

The more extensive your product range, the more time you will need to prepare quality documentation. My advice is to start preparing on time and turn the obligations from new regulations into your business advantage.

If you need expert advice or help in preparing documentation, write to me at nina.pajovic@bens-consulting.eu.