Regulation Updates July – September 2017

The following overview provides the indicative title in English, date of adoption and the Enhesa reference number.

Interested in additional information on any of these developments and what they require? Contact Enhesa at [email protected] or www.enhesa.com.

From July-August 2017, approximately 75 new regulations of interest to industry were adopted or published in Europe. Noted below are many of these significant regulatory developments.

Angola

• Vehicles must be equipped with safety accessories- 26-Jun-2017 [67232]

Austria

• Administrative burden for some health and safety requirements reduced- 02-Aug-2017 [67589]
• Administrative offences for non-compliance with requirements for fluorinated greenhouse gases updated- 31-Jul-2017 [67521]
• Maximum allowable pressure of aerosol dispensers with a non-flammable propellant increased- 28-Jul-2018 [67520]

Belgium

• BRUSSELS REGION: Ranges of electrical capacity of cogeneration installations eligible for renewable energy certificates changed as of October 2017- 14-Jun- 2017 [67068]
• FLEMISH REGION: Facilities with operations involving mercury will be required to reduce or eliminate the use of mercury in their operations- 12-Jul-2017 [67481]

Bulgaria

• Specific requirements for the storage of Classe 4, 5, 6, 8 and 9 dangerous goods in port areas- 06-Jun-2017 [67154]

Czech Republic

• Employers will face more detailed requirements on health checks- 12-Jul-2017 [67513]

European Union

• 12 further SVHC subject to authorisation requirements- 14-Jun-2017 [64554]
• Companies producing, importing or exporting hydrofluorocarbons (HFC) exceeding specified quantities have to report additional information- 26-Jul- 2017 [67490]
• DEHP, DBP, BBP and DIBP entry in the Candidate List of SVHC to be updated to include their equivalent level of concern for human health- 06-Jul-2017 [67268]
• European Commission granted 2 authorisations to use potassium dichromate under Annex XIV of the REACH Regulation- 20-Jun-2017 [67099]
• European Commission granted an authorisation to use lead chromate under Annex XIV of the REACH Regulation- 11-Aug-2017 [58922]
• European Commission granted authorisations to use diglyme, chromium trioxid and dichromium (chromate) tris under Annex XIV to REACH Regulation- 27-Jul- 2017 [67498]
• European Commission granted authorisations to use sodium dichromate and 1,2-dichloroethane under Annex XIV of the REACH Regulation- 14-Jun- 2017 [67049]
• Manufacture, use and marketing of PFOA, its salts, PFOA-related substances and articles containing them restricted at EU level- 14-Jun-2017 [42553]

As of 4 July 2020, the manufacture, marketing and use of perfluorooctanoic acid (PFOA) (CAS 1163-19-5), its salts and PFOA-related substances is restricted, according to Regulation EU/2017/1000 amending Annex XVII to the REACH Regulation. Specific articles, such as equipment used to manufacture semi-conductors, latex printing inks, plasma nano-coatings and non-implantable medical devices are only subject to the restriction as of, respectively, 4 July 2022, 4 July 2023 and 4 July 2032. The restriction applies to the manufacture and marketing of PFOA as a substance on its own as well as a constituent of another substance or mixture, and to articles or their parts containing PFOA and/or its salts in a concentration greater than 25 parts per billion (ppb). Exemptions apply to, among others, implantable medical devices and photographic coatings.

Finland

• ADR 2017 and RID 2017 implemented on the technical level- 18-May- 2017 [65630]
• Minor changes to the conditions for granting a special transport permit for road traffic and the use of foreign vehicles- 12-Jul-2017 [67331]
• Minor changes to the national requirements concerning ADR drivers’ licenses and safety advisors participating in transport of dangerous goods- 03-Jul-2017 [67277]
• Reformed regulations on accessibility of buildings, including offices and production buildings- 05-May-2017 [67157]

France

• Certain large companies and certain groups of companies required to report on non-financial (social and environmental) information- 21-Jul-2017 [67597]

Germany

• 5 more occupational diseases added to list of occupational diseases- 12-Jul- 2017 [67389]
• DERP: Higher fines for incompliance with fire protection requirements for major hazard buildings- 13-Jun-2017 [67444]
• HH: State legislation adapted to Seveso III- 30-Jun-2017 [67432]
• Improved flood protection measures include requirement for flood-proof heating oil tanks in certain areas- 05-Jul-2017 [67272]
• LSA: Higher administrative fees for construction inspections- 06-Jul- 2017 [67396]
• MV: Construction legislation adapted to Seveso III- 19-Jun-2017 [67370]
• Reorganisation of safety standards for protection from the dangers of ionising radiation adopted- 03-Jul-2017 [65798]
• Suitability approval for installations for water hazardous substances and wastewater discharges from landfills amended- 28-Jul-2017 [67570]

Hungary

• Companies consigning hazardous goods by road, rail and inland waterways must comply with ADR/RID/ADN 2017 requirements- 05-Jul-2017 [67291]
• More stringent requirements introduced concerning fire safety regulations and evacuations, but less stringent permit application requirements- 01-Jun- 2017 [67288]

Ireland

• ADR 2017 adopted in Ireland updating requirements for carriage of dangerous goods by road- 04-Jul-2017 [60615]
• Revised maximum permitted weights and dimensions for vehicles transporting goods- 27-Jul-2017 [67483]

Italy

• Detailed requirements regarding the technical responsible person published (companies enrolled in the National Register)- 13-Jun-2017 [67055]
• Specific occupational health and safety obligations for companies working with non-entrepreneurial self-employed workers and “smart-workers” adopted- 05-Jul-2017 [67254]

Lithuania

• New requirements for poisonous substances’ premises and locations- 09-Jun- 2017 [67403]
• OHS knowledge will be tested by the State Labour Inspectorate, instead of professional education institutions- 06-Jun-2017 [67526]

From 1 July 2017, employers, their representatives, as well as persons intending to carry out occupational health and safety (OHS) services or become OHS specialists have to undergo an OHS test at the State Labour Inspectorate. Moreover, employees operating or maintaining potentially hazardous equipment (for example, pressure vessels, hazardous substances containers or lifting equipment) are allowed to prepare for the OHS examination by means other than professional educational institutions. This follows on from Order No. A1-276 of the Minister of Social Security and Labour on the approval of the General Provisions on Occupational Health and Safety Training and Testing.

• OHS National Action Plan 2017-2021 published- 30-May-2017 [67286]
• Work council becomes mandatory for companies whose average number of employees is 20 or more- 14-Jun-2017 [67502]

From 1 July 2017, companies whose average number of employees is 20 or more have to establish a work council, unless they have a trade union and at least 1/3 of the company’s employees are members thereof. This follows on from Law No. XIII-414, amending Chapters 2 and 6 of Law No. XII-2603 on the approval, entering into force, and implementation of the Lithuanian Labour Code.

Netherlands

• Employers to include steps in action plan for remediating exceeding limit values of hazardous substances- 15-Jun-2017 [67082]
• Twenty-five substances added to the list for substances and processes classed as carcinogenic, mutagenic and toxic for reproduction (SZW-list 2017)- 03-Jul- 2017 [67219]

Norway

• All companies must include security aspects in their internal control- 12-Jun- 2017 [58826]
• Harmonised rules for submission of emergency health response information under REACH implemented- 11-Jul-2017 [67440]
• Less skin sensitisation studies required under the REACH Regulations- 11-Jul- 2017 [67438]

Poland

• Companies that transport dangerous goods must obtain ADR certificates according to amended template- 30-Jun-2017 [67317]
• Deadlines extended for obtaining accreditation for electromagnetic field measurement laboratories- 29-Jun-2017 [67347]

Portugal

• Requirements for the installation, operation and inspection of electric installations streamlined- 10-Aug-2017 [66777]
• Requirements for workers’ exposure to electromagnetic fields adopted- 07-Aug-2017 [65699]

Romania

• Deadline to obtain fire prevention authorisation extended- 28-Jun- 2017 [63158]
• Measures to enforce Regulation EU/2016/425 on personal protective equipment (PPE) adopted- 19-May-2017 [67172]

Serbia

• Companies will have to classify substances and products according to new List of Classified Substances- 24-May-2017 [67226]
• Companies will have to comply with amended rules on classification, packaging, and labelling of certain chemicals and products- 26-May-2017 [67166]
• List of dangerous jobs for children applicable as of 1 January 2018- 30-May- 2017 [67168]
• Safety obligations of nuclear activity license holders tightened- 28-Jun- 2017 [67276]

Turkey

• Administrative fines related to products increased- 21-Jul-2017 [67411]
• Companies within the scope of the SEVESO Regulation must renew the notification they have made to the Ministry of Environment and Urbanisation- 18-Jul-2017 [67367]
• Industrial facilities that are to be established will require pre-registration- 01-Jul-2017 [67212]
• Turkish REACH Regulation adopted- 01-Jul-2017 [65554]

As of 23 December 2017, companies that manufacture, use, import and/or place on the market substances, mixtures and/or articles will be required to comply with the provisions of the Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (Turkish REACH) gradually. The pre-registration deadline will be due in 2020. The Turkish REACH establishes provisions on registration, evaluation, authorisation and restrictions on substances similar to the European Union REACH Regulation. More substances will be subject to the stricter provisions in comparison to now. For example, 4-nitrobiphenyl (CAS No.92-93-3) will not be allowed to be used in concentrations equal to or greater than 0,1% by weight in substances and preparations placed on the market. Similarly, suppliers will be required to provide safety data sheet (SDSs) for substances added to a new list of substances of very high concern. The Regulation will consolidate several regulations on chemicals and replace them.

United Kingdom

• ADR 2017 and RID 2017 adopted in the UK updating requirements for carriage of dangerous goods by road and rail- 01-Jul-2017 [61243]
• Regulations for Equipment in Potentially Explosive Atmospheres updated to clarify responsibilities of importers and distributors- 19-Jun-2017 [67083]