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Chapter 1, 7 th of December Low Voltage Equipment. Implementation of 2006/95/EC (LVD). LVD was first implemented in Iceland in 1993 by setting icelandic regulation no. 543/1993
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Chapter 1, 7th of December Low Voltage Equipment
Implementation of 2006/95/EC (LVD) • LVD was first implemented in Iceland in 1993 by setting icelandic regulation no. 543/1993 • Directive 2006/95/EC (the new LVD) was implemented by regulation no. 1160/2007 which was replaced by regulation 678/2009 • Brunamálastofnun (Iceland Fire Authority) is responsible for implementation of LVD in Iceland
Enforcement of LVD • Market surveillance is under the authority of the Iceland Fire Authority and The Consumers Agency • Inspections are carried out by independent accredited inspection companies • Market operators visited are chosen randomly, around 300 visits are done pr. year
Enforcement of LVD • Sector specific enforcement projects are also carried out annually • i.e. christmaslights • Electrical equipment on the market are thus screened and inspectors search for suspicious products • RAPEX notifications are handled by the Consumers Agency • Penalties include sales bans, recall and fines
Chapter 1, 7th of December Cosmetics Sigridur Kristjansdottir Divisional Manager Environment Agency of Iceland
Transposition and Implementation • Directive 76/768/EEC has been fully transposed in Iceland with all its technical adaptations • Environment Agency of Iceland is the Competent Authority and is responsible for implementation end coordination of enforcement
Implementation • Obligations for labelling of cosmetics are fully in line with obligations of the directive. Labelling should be in Icelandic, English or in a Nordic language other than Finnish • Producers of cosmetic products in Iceland need to register with the Environment Agency of Iceland, they also need operating permits from the local health authorities.
Enforcement • Local Health authorities are responsible for market surveillance • The Environment Agency receives RAPEX notifications from the Consumers Agency and forwards them to the Local Health authorities
Chapter 1, 8th of December Detergents Sigridur Kristjansdottir Divisional Manager Environment Agency of Iceland
Transposition and implementaion • The Regulation has been implemented by annexing it to Icelandic Regulation 708/2008. The same applies to regulation no. 907/2006/EC (annex II to 708/2008) and regulation 551/2009/EC which was annexed to regulation 833/2010 which amends regulation 708/2008. • The regulations are set with a base in the Icelandic Act no 45/2008 on substances and mixtures.
Implementation • The Environment Agency of Iceland has been designated the competent authority as regards the implementation and management and general enforcement of this regulation. • Local health authorities carry out inspections of detergents on the market and with producers holding operating permits issued by them. • The Environment agency acts as a coordinator and supplies information and training for the health inspectors. The Agency receives RAPEX notifications from the Consumers Agency and forwards them to the local authorities
Enforcment • Inspectors are allowed access to inspect companies who are selling or manufacturing detergents. • Take samples and have access to all relevant documents regarding the product • If product is in breach, the inspector can temporarily stop marketing of the product or have it withdrawn from the market
Sanctions • The sanctions can be found in Icelandic Act no. 45/2008 on substances and mixtures, which serves as a legal basis for the implementation of most resent EU regulations on chemicals. Iceland has a so-called „catch all provision“ approach. This means that they can be used against all violations of requirements in regulations set with reference to this act.
Penalties • Administrative • The Environment Agency or the Local Health Authorities can issue a formal reminder. If amends are not made, coercive fines (day-fines) can be issued to the company in breach • Criminal • violations of the Act and regulations issued accordingly shall be punished with a fine and if the breach is severe or repeated to up to two years imprisonment
Other issues • There are no detergents on the Icelandic market that would require a derogation under Article 4 of the Regulation • Iceland does not have national laws relating to detergents which restricts the use of phosphates in detergents or bans the use of certain surfactants
Chapter 1, 8th of December REACH Sigridur Kristjansdottir Divisional Manager Environment Agency of Iceland
Transposition • The procedure for transposing the REACH-regulations in Iceland is to publish them in annexes to Icelandic regulation no 750/2008. This applies for regulations no. 1907/2006/EC, 340/2008/EC,134/2009/EC, 771/2008/EC, 987/2008/EC and Dir 2006/21/EC, • Other REACH EU-regulations still await incorporation into the EEA aggreement and translation into Icelandic before they can be transposed into Icelandic law
Implementation • The Environment Agency is the Competent Authority for implentation and enforcement of the REACH regulation in Iceland • Within the Agency there is about 1,25 full-time equivalant unit designated for the work of implementing and enforcing REACH. All in, around 3 persons in the Agency are handling REACH issues on regular basis
Enforcement • Local health authorities carry out inspections of substances and preparations on the market and with producers holding operating permits issued by them. • The Envrionment Agency carries out inspections with large producers and companies who have operating permits issued by the Agency. • The Environment agency also acts as an overall coordinatior for enforcement and inspections and supplies information and training for the health inspectors.
Enforcement • Iceland has a member in the FORUM for Enforcement in ECHA • Iceland has participated in the joint enforcement projects coordinated by the FORUM
Enforcement • The sanctions/penalties can be found in Icelandic Act no. 45/2008 on substances and mixtures, which serves as a legal basis for the implementation of most resent EU regulations on chemicals. Iceland has a so-called „catch all provision“ approach. This means that they can be used against all violations of requirements in regulations set with reference to this act.
Participation in REACH meetings • Iceland has an active member in the FORUM and in Help-NET • Iceland has a member in the Member State Committee but neither in the Risk Assessment Committee nor the Socio and Economic Analysis Committee • Iceland has observation rights in the Management board of ECHA • Iceland has participated in 1 CARACAL meeting and 1 MSC meeting since implementation in 2008
Chapter 1, 7th of December CLP/GHS Sigridur Kristjansdottir Divisional Manager Environment Agency of Iceland
Transposition and implementation • Regulation 1272/2008 has not yet been transposed in Iceland • Current regulations in this area are based on 67/548/EEC and 1999/45/EC • Preparations for transposition and implementation are ongoing • The Environment Agency of Iceland will be designated as the Competent Authority for implementing and enforcement of this regulation in Iceland
Implementation • A Help-Desk has been set up – Iceland has members in the HELP-NET in ECHA • Webpages with information in Icelandic, a webform for questions • Information meetings for industry are being held • Enforcement and penalties in the same manner as for the REACH regulation
Chapter 1, 8th of December Issues for special attention Sigridur Kristjansdottir Divisional Manager Environment Agency of Iceland
Specialarrangements • 91/414/EEC – plant protection products • EFTA states may limit market access in accordanc with the legislation in place on the day of the adoption of this act • Transitional arrangement needed when Regulation 1107/2009 will be implemented • 94/62/EC on packaging and packaging waste • Same adaptation as for Greece, Ireland and Portugal • Iceland wishes to retain this arrangement
Special arrangements • 98/70/EEC on petrol and diesel fuels • Adaptation concerns defining Iceland as an outermost region • Iceland wishes to retain this arrangement • 1907/2006/EC on REACH • Concerning products falling under 91/414 EFTA States may limit market access in accordance with the legislation in place on the day of the adoption of this act • Iceland wishes to retain this arrangement for technical reasons
Specialarrangements • 1999/45/EC • Concerning products falling under Dir 91/414/EC, the EFTA states may limit access to their markets in accordance with the legislation in force on the day of entry into force of this Directive • Iceland wishes to retain this arrangement for technical reasons • 94/63/EC – Volatile organic compound • Paragrap 4 of Annex I (Requirements for storage installations at terminal in respect ofexisting terminals in Iceland with a throughput of less than 5000 metric tons pr. year, which are serviced by ships. • Iceland wishes to retain this arrangement