New Regulation on Sanctions for Violation of Chemical Safety in Germany

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Courtesy of Courtesy of SGS

On 24 April 2013 the German Federal Ministry of Environment, Nature Conservation and Nuclear Safety in conjunction with the Federal Ministry of Labor and Social Affairs issued a new regulation on sanctions of chemical safety (ChemSanktionsV). This regulation was published on 30 April 2013 (1), enforced on 1 May 2013 and defines administrative as well as criminal offences with regard to violations of European Regulations including REACH.

ChemSanktionsV (2) – The German Chemical Safety Sanctions Regulation

The new act defines administrative as well as criminal offences conducted intentionally or unintentionally against several European Regulations. According to the legal text, violations may be multifold e.g. to use or put certain chemicals, mixtures, materials, products, articles etc. on the market which are not in line with the requirements of the given European Regulations. It is noteworthy that the act does not only sanction the use or trade of such products but will also include sanctions on violations of communication obligations as required e.g. by REACH. However, the act does not indicate a direct link to the penalties connected to any of the violations.

An incomplete list of examples of chemicals and applications covered by the sanctions are AZO dyes in textiles or leather, dimethyl fumarate in any articles, lead or cadmium in jewelry as well as certain phthalates in toys.

Scope of the ChemSanktionsV

The following list summarizes the  European Regulations which are covered by the new German law on Violations of Chemical Safety:

- (EC) No. 850/2004: Persistent Organic Pollutants
- (EC) No. 842/2006: Fluorinated Greenhouse Gases
- (EC) No. 1907/2006: Registration, Evaluation, Authorization and Restriction of Chemicals (REACH)
- (EC) No. 689/2008: Export and Import of Dangerous Chemicals
- (EC) No. 1102/2008: Exports of Metallic Mercury and Certain Mercury Compounds and Mixtures and the Safe Storage of Metallic Mercury
- (EC) No. 1272/2008: Classification, Labeling and Packaging of Substances and Mixtures
- (EC) No. 1005/2009: Substances that Deplete the Ozone Layer

About SGS REACH Services

SGS will follow up and inform interested parties as developments on REACH and other legislation occur. The company’s REACH expertise ( combined with consultancy services and experience in consumer product supply chains provides a central point of contact for global solutions. If you would like to learn more about how SGS can support your REACH compliance activities please contact an SGS expert.


(1) Bundesgesetzblatt (*%5B%40attr_id%3D'bgbl113s0944.pdf'%5D&skin=pdf&bk=Bundesanzeiger_BGBl&tf=xaver.component.Text_0&hlf=xaver.component.Hitlist_0) – German Laws and Regulations

(2) All information given in this Newsletter is provided with utmost care. However, the reader is referred to the primary literature for legally binding information. SGS will not accept any liability based on actions or omissions of any party based on this newsletter.

Contact details:

SGS Consumer Testing Services
Dr. Udo Krischke
Global Technical Manager Restricted Substances Testing Services
SGS Germany GmbH
Im Maisel 14
65232 Taunusstein

t: +49 6128 - 744 235

SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 75 000 employees, SGS operates a network of over 1 500 offices and laboratories around the world.

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