Authorities' areas of responsibility

 

Provisions regarding authorities that supervise compliance with chemicals legislation, and the duties of said authorities, are laid down in Chapter 2 of the Chemicals Act (599/2013). For detailed descriptions of the related areas of responsibility, see the Chemicals Act (in Finnish).

 

Ministries
Finnish Safety and Chemicals Agency (Tukes)
Finnish Environment Institute
Industrial safety authority
Centres for Economic Development, Transport and the Environment and municipal environmental protection authorities
Finnish Medicines Agency
Finnish Customs
Finnish Defence Forces
National REACH and CLP helpdesk

 

Ministries

General control, monitoring and development of operations in accordance with the Chemicals Act, and overall management and control of supervision rests with:

1) the Ministry of Social Affairs and Health regarding the prevention of health hazards and physical risks and harm caused by chemicals; and
2) the Ministry of the Environment regarding the prevention of environmental risks and harm caused by chemicals.

 

Finnish Safety and Chemicals Agency (Tukes)

Unless otherwise enacted in the Chemicals Act, Tukes is responsible for the supervision of compliance with the Chemicals Act and regulations issued under the Act, the REACH Regulation, CLP Regulation, Detergent Regulation, Biocidical Products Regulation and bans and restrictions on the production and placing on the market of chemicals referred to under Article 3 and 4 of the POP Regulation.

 

Tukes acts as a competent authority as referred to under Article 121 of the REACH Regulation, Article 43 of the CLP Regulation, Article 81 of the Biocidical Products Regulation and Article 8 of the Detergent Regulation, and as a named body as referred to under Article 45 of the CLP Regulation.

 

Finnish Environment Institute

The Finnish Environment Institute supervises compliance with Section 23 of the Chemicals Act and provisions laid down based on it, the POP and PIC Regulations and the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (SopS 107/2004) unless otherwise enacted elsewhere in the Chemicals Act.

The Finnish Environment Institute acts as a competent authority as referred to under Article 15 of the POP Regulation and as a named national authority in accordance with Article 4 of the PIC Regulation. In addition, the Finnish Environment Institute acts as a named national authority as referred to under the Rotterdam Convention, unless otherwise provided by the PIC Regulation.

 

Industrial safety authority

In the case of work in which the employer is obliged to abide by the Occupational Safety and Health Act, the industrial safety authority supervises compliance with the Chemicals Act and provisions issued under the Act and the EU's chemicals legislation.

 

During supervision, if the industrial safety authority detects a likely breach of the regulations of this Act or European Union chemicals legislation, involving the placing of a chemical or device or article including a chemical on the market, or supplying such a device or chemical for use, the inspector, as referred to under the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006), can temporarily prohibit the placing of said chemical, or device or article including a chemical, or its provision for use, as applicable, according to Paragraph 18, Subsection 4 of said Act. The inspector must bring any such matter to the attention of the Regional State Administrative Agency, which will place the matter before Tukes for further consideration.

 

In addition to what is enacted under Section 52 on access to information and the assignment of confidential information, the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces applies to the supervision and inspection activities of the industrial safety authorities.

 

Centres for Economic Development, Transport and the Environment and municipal environmental protection authorities

The Centre for Economic Development, Transport and the Environment and the municipal environmental protection authority supervise

1)      compliance with the Chemicals Act and regulations issued under it;

2)      conformity with the terms and requirements set for the use of a biocidical product under Article 17 of the Biocidical Products Regulation or the approval decision referred to in Section 30 of the Chemicals Act;

3)      conformity with Articles 3 and 4 of the POP Regulation referring to the use of a substance;

4)      conformity with Articles 14 and 37 of the REACH Regulation referring to usage conditions and safety measures, Title VII regarding the use of substances subject to authorisation and Article 67 regarding restrictions of substances

 

in the context of supervising activities that pose a risk of environmental damage as referred to under the Environmental Protection Act, insofar as said supervision applies to the operator's obligation to attend to the prevention of environmental damage when using and storing chemicals.

 

The Centre for Economic Development, Transport and the Environment controls and supervises municipal environmental protection authorities in the supervision activities referred to under Subsection 1.

 

Finnish Medicines Agency

The Finnish Medicines Agency ensures that research operations comply with sound laboratory practices, insofar as this is provided in Section 24 of the Chemicals Act and EU's chemicals legislation.

 

Finnish Customs

Finnish Customs supervises compliance with EU's chemicals legislation in the context of the import, export and transit of chemicals and products containing chemicals, and supervises conformity with the provisions of the Chemicals Act pertaining to biocidical products in connection with the import, export and transit of biocidical products.

 

In the supervision of compliance with EU chemicals legislation, Customs pays particular attention to ensuring the following:

1)      That registrations and notifications referred to under Title II of the REACH Regulation have been performed when importing substances and compounds, and articles containing them;

2)      That permission as referred to under Title VII of the REACH Regulation has been issued when importing substances subject to authorisation and compounds containing them;

3)      That the prohibitions and restrictions referred to under Article 67 of the REACH Regulation are complied with when importing substances and compounds and articles containing them;

4)      That the prohibitions and restrictions referred to in the POP Regulation are complied with when importing substances referred to under Appendices I and II

5)      That the obligations pertaining to the import and export of chemicals and articles containing them and the export prohibition of chemicals and articles are complied with as referred to under Appendix I and Appendix V of the PIC Regulation;

6)      That the export prohibition in accordance with Article 1 of the Mercury Export Ban Regulation is complied with;

7)      That the obligations of the Biocidical Products Regulation on the approval of biocidical products and import of processed articles are complied with.

 

That, when a consignment is imported to Finland from a member state,  Customs supervises the approval of restrictions in accordance with Appendix XVII of the REACH Regulation and of biocidical products compliant with the Biocidical Products Regulation and the Chemicals Act and conformance with obligations applicable to the import of processed articles.

 

That unless otherwise enacted in the Chemicals Act, supervision abides by the Customs Act (1466/1994).

 

The Finnish Defence Forces

The Finnish Defence Forces supervise compliance with the Chemicals Act and the EU's chemicals legislation within the military operations or training of the defence forces, at sites where secrecy must be observed with respect to national defence and in crisis management duties. More precise regulations are provided in a decree issued by the Ministry of Defence.

 

National REACH and CLP helpdesk

The Finnish Safety and Chemicals Agency is responsible for maintaining a national helpdesk in accordance with Article 124 of the REACH Regulation, Article 44 of the CLP Regulation and Article 81 of the Biocidical Products Regulation, and for providing advice to manufacturers, importers, downstream users, distributors and others concerned.

 

EU' chemicals legislation refers to the following EU regulations and to statutes issued under such regulations:

a) REACH Regulation or Regulation No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No. 793/93 and Commission Regulation (EC) No. 1488/94 as well as Council directive 76/769/EEC and Commission directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC;

b) CLP Regulation or Regulation (EC) No. 1272/2008 of the of the European Parliament and of the Council on the 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;

c) Biocidical Products Regulation or Regulation (EU) No. 528/2012 of the European Parliament and of the Council concerning the making available on the market, and the use of, biocidal products;

d) Detergent Regulation or Regulation (EC) No. 648/2004 of the European Parliament and of the Council on detergents;

e) PIC Regulation or Regulation (EU) No. 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals;

f) POP Regulation or Regulation (EC)  No. 850/2004 of the European Parliament and of the Council on persistent organic pollutants and amending Directive 79/117/ETY and

g) Mercury Export Ban Regulation or Regulation (EC) No. 1102/2008 of the European Parliament and of the Council on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury.