Statutory Order no. 1257 of 15 December 2011 restricting the import, sale and use of biocidal anti-fouling.
Pursuant to section 22(3) and (4), section 30(1) and (3), section 31, section 45(1) and section 59(4) of the Danish Chemicals Act cf. Act No. 878 of 26 June, 2010, as amended by Act No. 294 of 11 April, 2011, the following provisions are laid down:
Definitions
1.-(1) For the purpose of this Order, anti-fouling paint containing biocides shall be understood to mean a chemical substance or product containing one or more active substances, which chemically or microbiologically combat deposits and growth of bacteria, plants or animals on ships, aquaculture equipment or other structures used in water.
(2) Fresh water shall be understood to mean lakes and streams.
Restrictions
2. The import, sale and use of anti-fouling paint containing the biocides diuron (CAS no. 330-54-1) or irgarol (CAS No. 28159-98-0) on ships with a total length of less than 25 metres, is prohibited.
3. The import, sale and use of anti-fouling paint containing biocides on pleasure boats that mainly sail in fresh waters is prohibited.
4.-(1) The import, sale and use of anti-fouling paint containing biocides, where the release of copper exceeds 200 ug Cu/cm2 after the first 14 days and 350 ug Cu/cm2 after the first 30 days, calculated from the time of application, on pleasure boats of 200 kg or more that mainly sail in salt water, is prohibited.
(2) The import, sale and use of anti-fouling paint containing biocides on pleasure boats of less than 200 kg that mainly sail in salt water is prohibited.
(3) Subsection (2) does not apply to wooden boats. Subsection (2) does not apply to pleasure boats that have permanent mooring space in harbours designated as A and B harbours by the insurance-sector harbour survey.
5.-(1) The import, sale and use of anti-fouling paint containing biocides which releases substances that meet the classification requirements for exposure with risk phrase R53, “may cause long-term adverse effects in the aquatic environment”, on its own or in combination with other risk phrases concerning danger to the aquatic environment, is prohibited for pleasure boats from 1 January 2015.
(2) The classification, cf. subsection (1) follows the provisions of the European Parliament and Council Regulation (EC) No. 1272/2008 of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 and Statutory Order on classification, packaging, labelling, sale and storage of chemical substances and products (substances and mixtures).
Labelling
6. Anti-fouling paint containing biocides shall upon sale be labelled clearly and indelibly with the following sentences: Must not be used on pleasure boats that sail mainly in fresh water. Must not be used on pleasure boats of less than 200 kg that mainly sail in salt water. This ban does not cover wooden boats used in salt water and pleasure boats that have permanent mooring space in harbours designated as A and B harbours by the insurance-sector harbour survey.
Dispensation etc.
7.-(1) The Danish Environmental Protection Agency may permit the use of anti-fouling paint where the release of copper exceeds the limits set in section 4(1) for
1) Completely new pleasure boats for export and
2) Pleasure boats ahead of long-distance sailing i.e. sailing outside the Baltic Sea Area cf. Act on the protection of the marine environment, when the ship does not call into a Danish port for at least 3 months.
(2) An application cf. section 1 must be submitted to the Danish Environmental Protection Agency, using a form handed out by the Danish Environmental Protection Agency.
(3) In addition, the Danish Environmental Protection Agency may in exceptional cases permit a deviation from the rules of this Order.
(4) The decisions of the Danish Environmental Protection Agency, cf. subsection (1) and (3) above cannot be appealed to other administrative authorities.
8. A biocidal anti-fouling paint which is approved by the rules in chapter 7 of the Act on Chemical substances and products may be imported, sold and used in accordance with the authorisation, notwithstanding the requirements of this Order.
Supervision
9. The Danish Environmental Protection Agency carries out supervision and control of compliance with the provisions of this Order and with the compliance of the decisions made pursuant to this Order, cf. the rules of the law in this regard.
Penalty and Entry into force
10.-(1) Unless heavier penalty is due pursuant to other legislation, the punishment for the following infringements shall be a fine:
1) violation of sections 2, 3, 4 (1-2), 5 (1) and 6 or decisions made pursuant to this Order or
2) disregard of terms connected to a dispensation pursuant to section 7 (1 or 3).
(2) The penalty may increase to imprisonment for two years if the offender acted deliberately or by gross negligence or if the infringement resulted in
1) damage to the life or health of humans or domestic animals or risk of danger thereto, or
2) damage to the environment or risk of damage thereto, or
3) actual or intended economic advantage, including savings, for the offender or for others
(3) Companies etc. (legal persons) may incur criminal liability under the rules of Part 5 of the Penal Code.
11.-(1) This Order shall enter into force on 31 December 2011.
(2) As from this date Statutory Order No. 1215 of 10 December 2008 restricting the import, sale and use of biocidal anti-fouling is repealed.
Ministry of the Environment
15 December 2011
Ida Auken