© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY CONTROL ON BORDERS OF CLASSIFICATION, LABELLING AND PACKAGING Arnis Ludborzs, M.Sc. Latvian Environment, Geology and Meteorology Agency (LEGMA) Chemicals Department

© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY Republic of Latvia: some facts Total area: 64,589 km 2 Population: ca. 2.3 million Capital: Riga city (0.8 million) Population density: 36 per km 2 Republic established: November 18, 1918 Part of USSR: June 17, 1940 – May 4, 1990 Membership: European Union, NATO, United Nations, Council of Europe, World Trade Organisation, Organisation for Security and Co-operation in Europe, Council of the Baltic Sea States, etc.

© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY LEGMA Chemicals Department <> January 2000: established as Division of Chemicals Control at the Latvian Environment Data Centre (LEDC) <> October 2000: LEDC re-organised by joining Environment Consultancy and Monitoring Centre; Division of Chemicals Register at the newly established Latvian Environment Agency (LEA) <> January 2005: LEA re-organised by merging with the Latvian Hydrometeorological Agency and the State Geological Survey; Chemicals Department at the Latvian Environment, Geology and Meteorology Agency (LEGMA) <> Currently 11 employees, competence covers wide range of EU Chemicals Legislation

© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY Legislative framework EU Dangerous Substances Directive 67/548/EECEU Dangerous Substances Directive 67/548/EEC EU Dangerous Preparations Directive 1999/45/ECEU Dangerous Preparations Directive 1999/45/EC New EU Export-Import Regulation (EC) No.689/2008New EU Export-Import Regulation (EC) No.689/2008

© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY Aim of the European C&L system Purpose of the EU Dangerous Substances Directive 67/548/EEC is to approximate the laws, regulations and administrative provisions of the Member States on int. al. the classification, packaging and labelling of substances dangerous to man or the environment (cf. Art. 1(1)(d) of DSD)Purpose of the EU Dangerous Substances Directive 67/548/EEC is to approximate the laws, regulations and administrative provisions of the Member States on int. al. the classification, packaging and labelling of substances dangerous to man or the environment (cf. Art. 1(1)(d) of DSD) The EU Dangerous Preparations Directive 1999/45/EC aims at the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (...), when such preparations are placed on the market of the Member States (cf. Art. 1(1) of DPD)The EU Dangerous Preparations Directive 1999/45/EC aims at the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (...), when such preparations are placed on the market of the Member States (cf. Art. 1(1) of DPD)

© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY Classification and labelling isClassification and labelling is –Evaluation of hazard of the substance or the preparation in accordance with the legally defined criteria (in 67/548/EEC and 1999/45/EC) and –A communication of the hazard via the label. No minimum quantity defined, meaning all dangerous chemicals must be labelledNo minimum quantity defined, meaning all dangerous chemicals must be labelled The labelling is the first and often the only information on the hazards of a chemical that reaches the user, which could be a consumer or a worker.The labelling is the first and often the only information on the hazards of a chemical that reaches the user, which could be a consumer or a worker. Additionally, the classification has huge number of downstream consequences within the EU legislation.Additionally, the classification has huge number of downstream consequences within the EU legislation. C&L Basics

© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY Government shall steer and monitor the process without taking over responsibility!Government shall steer and monitor the process without taking over responsibility! »EU chemicals legislation strictly defines roles and responsibilities of all the actors along the supply chain »Government shall not take over responsibility of any other actor at the chemicals supply chain Role of Government

© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY Policy level:Policy level: –main ministry - ? – co-ordination / co-operation Agency level:Agency level: –“special management unit” - ? – co-operation Inspectorates:Inspectorates: –? – co-operation Poison Information CentrePoison Information Centre CustomsCustoms Institutional set-up in theory

© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY Policy level:Policy level: –Ministry of the Environment –Chemicals Safety Working Group Agency level:Agency level: –LEGMA, Chemicals Dept. / Public Health Agency also involved Inspectorates:Inspectorates: –Health Inspectorate –Environmental State Service –State Labour Inspectorate Poisoning Information Centre (owned by the Riga City Municipality)Poisoning Information Centre (owned by the Riga City Municipality) CustomsCustoms Institutional set-up Latvian example

© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY Border control – other institutions Latvian example (1) Food and Veterinary Service – Sanitary Border InspectionFood and Veterinary Service – Sanitary Border Inspection –works on all borders of Latvia (incl. roads, ports, railway, post office, airport, Customs warehouses) –perform veterinary, food safety, non-food goods safety, phytosanitary control of alive animals, goods and products –initially perform the checks of consignment documents, after that they check if the information reflected in the consignment documents correspond to the real contents of the freight –if necessary, the border inspectors take samples and send them for laboratory examinations –If the border inspectors establish that a freight does not correspond to the requirements stipulated in the EU and Latvia, the freight is returned back to the country of origin, eliminated or processed; if the border inspectors have detected serious violations, there are tightened control measures applied to the next freight imported by this company.

© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY Border control – other institutions Latvian example (2) However, FVS Sanitary Border Inspection do not examine chemicals labelling!However, FVS Sanitary Border Inspection do not examine chemicals labelling! Carriage of dangerous goods, incl. labelling, is controlled by Road Transport InspectorateCarriage of dangerous goods, incl. labelling, is controlled by Road Transport Inspectorate All the consumer C&L compliance is controlled by 3 inspectorates (HI, SES, SLI)All the consumer C&L compliance is controlled by 3 inspectorates (HI, SES, SLI)

© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY What is needed for effective enforcement?What is needed for effective enforcement? –Clear legal responsibilities for enterprises –Sanctions in case of violation of law –Instructions for inspectorates: clear tasks –Legal rights for inspectorates: to get information, to visit sites, to issue orders –Knowledge of enterprises to inspect –Resources and qualifications –Guidance/support to inspectorates: methodology, training,... Effective enforcement

© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY Customs control import and export on the borderCustoms control import and export on the border Usually very well trained in taxes / strategic goods / banned goods / chemical weapons etc. legislation requirementsUsually very well trained in taxes / strategic goods / banned goods / chemical weapons etc. legislation requirements Not good at very technical details, especially in the field of chemicalsNot good at very technical details, especially in the field of chemicals Customs may identify existence or absence of the EU labelling and Safety Data Sheets, however it is not role of Customs to check its correctnessCustoms may identify existence or absence of the EU labelling and Safety Data Sheets, however it is not role of Customs to check its correctness Role of Customs

© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY Export-Import Regulation (1) EU new Export-Import Regulation (EC) No.689/2008 also concerns C&L and SDS of exported chemicals (cf. Article 16)EU new Export-Import Regulation (EC) No.689/2008 also concerns C&L and SDS of exported chemicals (cf. Article 16) –Chemicals that are intended for export shall be subject to the measures on packaging and labelling established in, or pursuant to, Directive 67/548/EEC, Directive 1999/45/EC, Directive 91/414/EEC and Directive 98/8/EC, or any other specific Community legislation –A safety data sheet in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (1) shall accompany chemicals referred to in paragraph 1 when exported. The exporter shall send such a safety data sheet to each importer

© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY Export-Import Regulation (2) Exporters of all dangerous chemicals, as defined by the Community legislation, must package and label their products in the same way, as if they were to be marketed in the EU, unless the importing country has its own specific requirements, taking into account also relevant international standardsExporters of all dangerous chemicals, as defined by the Community legislation, must package and label their products in the same way, as if they were to be marketed in the EU, unless the importing country has its own specific requirements, taking into account also relevant international standards SDS must be sent to each importer with the chemicalSDS must be sent to each importer with the chemical As far as possible, the information on the label and SDS should be in the principal language(s) of the country of destinationAs far as possible, the information on the label and SDS should be in the principal language(s) of the country of destination

© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY Conclusions... Various possibilities to establish C&L (transport and consumer) border control systemVarious possibilities to establish C&L (transport and consumer) border control system Resources demanding systemResources demanding system The most effective way to control C&L is to make it “indoors”The most effective way to control C&L is to make it “indoors”

© LEGMA, 2008 LATVIAN ENVIRONMENT, GEOLOGY AND METEOROLOGY AGENCY Thank you for your attention!