If you want to obtain Authorization for the operators involved in the production of dangerous substances, trade in, storage or use of dangerous chemicals that are classified as very hazardous for human health under the Chemicals Act, you must satisfy the conditions set therein and implement the procedures listed below.
a) Trade in hazardous chemicals
Explanation of concepts:
- Trade means import, sale or any kind of transfer to a third party.
As you may have already learned on the pages of Chemicals Office of the Republic of Slovenia, the first thing to do is either employ or enter into a contract with a Chemical Advisor. This contract is the basis for your Statement that you have appointed a Chemical Advisor.
To obtain Authorization to operate transport of hazardous chemicals, you need to send an application to the Chemicals Office, which consists of:
- Cover letter,
- Completed Permit form, which is published on the website of the Office
- Statement showing that you have contracted a Chemical Advisor that meets the statutory requirements in relation to the degree and field of education, and has successfully completed the test of knowledge regarding regulations governing the production and transport of chemicals.
- Proof of payment of administrative fees
Furthermore, it is your job to provide safety data sheets (MSDS for short) – which comply with EU and Slovenian legislation – for any hazardous products (under the Chemicals Act) that are being sold Slovenia. The safety data sheets have to be in Slovenian language.
If you do NOT have them, it is important that you have the original safety data sheets (preferably in accordance with REACH) which your Chemicals Advisor will use as a base for creating Slovenian safety data sheets compliant with our legislation.
Of course, you will need to register them with the Chemicals Office, complete the relevant forms, attach Slovenian safety data sheets and pay the fees. Completion of these forms will also require customs tariff (which you obtain yourself).
And the most important part: labels on your products must be in accordance with the Material safety data sheet and the Chemicals Act (and possibly other laws.). They have to be in Slovenian as well but you are allowed to print and add them separately.
For biocidal products, however, the procedure is slightly different. Biocides have to be registered together with the label already made. Of course, you also need to provide all the necessary forms and test results. For more detailed information on biocides and biocidal products, refer to page Biocides – what are they?.
You must also have a Note for the users in visible in your store premises.
You do not need an Authorization for trade in dangerous chemical if you are engaged in retail trade of chemicals for general use, chemicals classified as extremely flammable, highly flammable, flammable, irritant or dangerous to the environment. Unless of course there are other laws governing such products. However, if such products are imported from the EU, then you are obligated to follow all the procedures described above – including labeling.
b) Production of hazardous chemicals
Explanation of concepts:
- Production means extraction, manufacture and finishing, processing, processing, filling, pouring, mixing of chemicals, into intermediate and final products by chemical, physical or biological processes and procedures, as well as transportation within a production unit.
- A manufacturer is a legal or natural person who manufactures or obtains a chemical in accordance with the previous point, as well as anyone who processes, packs, repackages or changes its name for further use.
The procedure of obtaining the Authorization is the same as described above in section a) Trade in hazardous chemicals.
As far as safety data sheets are concerned, you have to create them yourself – meaning your chemist or Chemical Advisor. This means you need to know the exact composition of your product (preparation) and have available safety data sheets for the individual components (substances).
Depending on the type of manufacture (you make your own paints or you just repack and/or rename existing ones) new safety data sheets have to be made for you and it is possible additional tests will be needed. It is the job of your chosen Chemical Advisor to make sure all necessary procedures are followed and everything is in accordance with Slovenian legislation.
And of course, labelling. All your products have to be equipped with appropriate labels that comply with safety data sheet and Slovenian legislation BEFORE they are available for purchase. Even one single bottle/box of your product without appropriate label and corresponding safety data sheets could mean a fine.
c) Storage of hazardous chemicals
Explanation of concepts:
- Storage means keeping chemicals for the purpose of production, trade, use or other activities.
Which means, even if you aren’t trading in dangerous chemicals and you are just storing them for others, you still need to obtain the Authorization. The procedure is the same as described above in section a) Trade in hazardous chemicals.
Additionally: Legal and natural person storing hazardous chemicals must provide instructions for safe chemical storage and waste treatment. This also includes liability for any damage that might arise because of said storage.
d) The use of hazardous chemicals that are classified for:
- Acute toxicity (oral, dermal, inhalation), Hazard Categories 1, 2 and 3,
- Germ cell mutagenicity, Hazard Category 1A, 1B,
- Carcinogenicity, Hazard Category 1A, 1B,
- Reproductive toxicity, Hazard Category 1A, 1B
- Specific target organ toxicity — single exposure, Hazard Category 1,
- Specific target organ toxicity — Repeated exposure, Hazard Category 1.
Explanation of concepts:
- Use means preparation for use, use and storage.
- Use is ANY activity that can result in contact with dangerous chemicals.
The procedure of obtaining the Authorization is the same as described above in section a) Trade in hazardous chemicals. You still need safety data sheets for such products, even if only your employees are using them in their work process.
Permits for the use of hazardous chemicals classified as T + or T do not need to be obtained by scientific research and educational institutions, public institutes and state bodies that use chemicals exclusively for their core business.
Once you have obtained your Authorization and registered all safety data sheets with the Chemicals Office, you still have to complete annual reporting to said Office, every year until the end of March. Or rather, your Chemical Advisor has to.
Source: Chemicals Office, Chemicals Act (KEM) / Kem /
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