On 23 November 2023, the Fourth Act amending the Chemicals Act was promulgated in the Federal Law Gazette (BGBl. 2023 I No. 313). In addition to the inclusion of provisions on the establishment of a central poisoning register at the Federal Institute for Risk Assessment (BfR), this amended the provisions on fines in Section 26 ChemG and the provisions on penalties in Section 27 and thus on the sanctioning of directly applicable Union law and introduced fines and criminal offences for failure to notify or incorrect notification of articles containing SVHC in the SCIP database of the ECHA (European Chemicals Agency). Articles containing SVHC are articles that contain one or more substances of very high concern (candidate list) > 0.1 percent by weight.
Accordingly, anyone who wilfully or negligently fails to provide the SCIP notification or fails to do so correctly, completely or on time is committing an offence. This can result in a fine of up to 10,000 euros per case. The Act entered into force in its amended form, with the exception of Article 1(9), on 24 November 2023.
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