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Chemical substances, preparations and products

In order to restrict the use of chemicals and to limit the degradation of the environment, associations of states have concluded several conventions such as:

  • the Montreal Protocol on Substances that Deplete the Ozone Layer,
  • the Stockholm Convention on Persistent Organic Pollutants, and
  • the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, which regulates the import and export of plant protection products and pesticides.

Pursuant to Article 21a (1) of the German Chemicals Act, the customs services are involved in monitoring the import of those substances, preparations, and products that fall within the scope of the Chemicals Act, of legislation that has been adopted pursuant to the Chemicals Act, or of a European Community Regulation relating to matters that fall within the purview of the Chemicals Act..

The role of the Customs authorities is to support the regional monitoring bodies that are competent under chemicals legislation.

At present the Customs actions in the field of chemicals legislation are governed by the following legislation:

  • Law on the protection against hazardous substances (Chemicals Act)
  • Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer
  • Regulation (EC) No 842/2006 Regulation of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases
  • Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals
  • Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants amending Directive 79/117/EEC
  • Ordinance on bans and restrictions on the marketing of hazardous substances, preparations and products pursuant to the Chemicals Act (Ordinance on bans to chemicals)

Under these rules the import of certain chemical substances, preparations, and products is banned, or permitted only under certain conditions such as the presentation of a licence or the prior completion of a notification procedure.

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