Change in the notification obligation according to the amendment to the Chemical Act of the Czech Republic

Notification according to the Chemicals Act (§ 22)

Act No. 350/2011 Coll. imposes an obligation to provide the Ministry of Health with information on detergents and hazardous chemical mixtures. Information is provided in electronic form through the CHLAP register (Register of Chemical Substances and Means). But from 1/1/2021 there is a change:

(1) The importer or subsequent user who is the first to place on the market of the European Union on the territory of the Czech Republic a mixture that has dangerous physico-chemical properties or dangerous properties affecting health is obliged to provide the Ministry of Health through the portal managed by by the European Chemicals Agency information on its effect on health to the extent and in the manner set out in Annex VIII of the CLP Regulation.

(2) A distributor who, on the territory of the Czech Republic, places on the market a mixture that has dangerous physico-chemical properties or dangerous properties affecting health, is obliged to provide the Ministry of Health, through a portal managed by the European Chemicals Agency, with information on its effect on health to the extent and in the manner set out in Annex VIII of the CLP Regulation, if this information has not been provided in accordance with paragraph 1 or the distributor changes the labeling of this mixture. The obligation according to the previous sentence can be fulfilled by the supplier on behalf of the distributor, if they so agree; the distributor remains responsible for fulfilling this obligation.

(5) The importer, downstream user or distributor according to paragraphs 1 and 2 is, in the event that there is a change according to Section 4.1 of Part B of Annex VIII of the CLP Regulation, obliged to carry out an update of the information provided according to paragraphs 1 or 2 before placing the mixture in the amended form on the market to the extent and in the manner set forth in this Annex. According to paragraphs 3 and 4, the manufacturer or distributor is obliged to notify the Ministry of Health of any change in the information provided within 45 days of the information change.

Deadlines for reporting hazardous mixtures according to Annex VIII of the regulation:

• From 01/01/2021 chemical mixtures for consumer and professional use
• From 1/1/2024 chemical mixtures for industrial use
• From 01/01/2025 of mixtures already notified under Article 45(1) (CHLAP database) until the above date, unless there is a change described in Section 4.1 of Part B of Annex VIII by then.

If the mixture has more than one use, the earlier term will apply.

Notification of substances in subjects to the SCIP database is also new (from 1/1/2021)
(7) The supplier of an object that contains an SVHC substance in a concentration higher than 0.1% by weight is obliged to provide information to the database maintained by the European Chemicals Agency (SCIP database, according to Article 9, paragraph 2 of the European Directive of the Parliament and of the Council (EC) No. 98/2008 on waste).