Portoroz

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TWINNING PROJECT Further development of chemical
safety SI 03 IB EC 02 Final Conclusions on Work
Element 1 Horizontal Intersectoral
Compatibility of the Legislation (HICL)
Hermann Goetsch, September 2006
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PRE-PROJECT SITUATION

• Acquis communautaire already achieved
• Complete Chemicals legislation in principle in
  place
• Starting practice in application of EU-Chemicals
  provisions
• Organizational structures for enforcement and
  control mechanisms in principle in place
• Possible overlaps with older national
  legislation
• Possible gaps due to vertical EU-legislation
• Need for flexibility - chemicals legislation in
  EU is constantly being updated (REACH, GHS, etc.)
• Level of Protection to be maintained in any case

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EXPECTED RESULTS (COVENANT)

• To optimize Slovenian chemicals legislation
• To achieve a final practical compliance with the
  EU chemical safety system
• To cross-check the existing wider framework of
  chemical safety legislation for consistency,
  overlaps, gaps, contradictions, borderline
  problems and to sum up the findings
• To draw up a detailed list of recommendations on
  possible improvements of legislation and an
  action plan for preparation of improvements
• To prepare a plan for further improvements that
  should be made after the project.

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MAIN ACTIVITIES CARRIED OUT

• Horizontal check using lists and descriptions of
  existing chemical legislation in Slovenia in the
  field of chemicals (wider framework)
• Check and debate of provisions concerning
  sanitary chemical inspections and other aspects
  of compliance controls
• Cross-check and comparison of legislation on
  Biocidal Products (at the beginning integrated in
  the Act on chemicals in Slovenia)
• Check of possibilities how to establish soft-law
  instruments (guidelines, recommendations, etc.)
• Establish action plan, recommendations and list
  for future improvements

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BENCHMARKS

• Check of compatibility of the intersectional
  legislation on chemical safety carried out
  (finally achieved in spring 2006) no major
  gaps identified
• An action plan and a list of recommendations on
  harmonisation with the Acquis communautaire
  resulting from this review compiled (completed in
  June, 2006)
• According to the findings in the course of the
  review of the legislation draft changes of the
  legislation prepared, including a plan for
  further improvements (in principle achieved, e.g.
  concerning Biocides, during the project but
  further changes are needed due to the
  developments on EU-level REACH, GHS, etc.)
  Plan drawn up in Q 9

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ACTION PLAN ELEMENTS

• Action I Review the whole chemicals safety
  legislation (wider framework) once REACH and GHS
  are applied, including all different elements
  constituting chemicals safety (data gathering,
  allocation of dangerous properties, description
  of use patterns, determination of exposure,
  emission measurement, risk characterisation, risk
  management measures during production, storage,
  distribution, handling, use and disposal, etc.
• Action II Reorganise the enforcement structures,
  responsibilities and administrative instruments
  at the latest together with the introduction of
  the REACH system and the GHS to achieve an
  efficient apparatus to take all the necessary
  actions for enforcing comprehensive chemical
  safety in Slovenia

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MAIN RECOMMENDATIONS

• Prepare for REACH now, do not take any action not
  in line with REACH now
• Strengthen applicability of chemicals legislation
  safety by clear structure of provisions and
  clearly defined scope
• Integrate specific enforcement provisions on
  chemical safety in new general provisions for
  Inspection Services in Slovenia
• Establish a clear, flat hierarchy from one
  responsible Ministry (Bureau) to the inspectors
• Develop annual inspection plans
• Install reporting and information exchange tools
• Clearly define the measures to be taken in the
  case of non-compliance

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IMPROVEMENTS PLAN

• To prepare for the necessary principal adaptation
  for the application and enforcement of the
  forthcoming EU REACH Regulation
• To publish informal "Guidelines on safe storage
  of Chemicals"
• To prepare further technical guidelines, e.g. for
  the safe use of certain toxic chemicals,
  production/use of carbide etc., if needed after
  REACH enters into force
• To finish the procedure for publishing a
  stand-alone Slovene act on the placing on the
  market of biocidal products
• To strengthen the general inspection framework
  and strategy in the field of chemical safety to
  facilitate smooth REACH implementation.

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PROBLEMS ENCOUNTERED AND SOLVED

• Wider field of chemical legislation difficult
  to define legal nature of provisions,
  responsibilities for compliance controls,
  inter-linkages of different parts of legislation
  sometimes difficult to find out (solution
  grouping)
• EU legislation is vertical, therefore not a
  good basis for a horizontal check (REACH solves
  this problem)
• Keep in mind the need to be flexible and in line
  with envisaged REACH system (solution introduce
  soft law, prepare already for REACH)

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FINAL REMARKS

• Many thanks to all,
• it was a pleasure to work with you !