Summary of task 1.1 - European chemical legislation

The main goal of the EU is the progressive integration of Member States' economic and political systems and the establishment of a single market based on the free movement of goods, people, money and services. To this end, its Member States cede part of their sovereignty under treaties which empower the EU institutions to adopt laws. Each Member State is responsible for the implementation of Community law (adoption of implementing measures before a specified deadline, conformity and correct application) within its own legal system.

Under the Treaties (Article 226 of the EC Treaty; Article 141 of the Euratom Treaty), the Commission of the European Communities is responsible for ensuring that Community law is correctly applied. Consequently, where a Member State fails to comply with Community law, the Commission has powers of its own (action for non-compliance) to try to bring the infringement to an end and, where necessary, may refer the case to the European Court of Justice. These laws (regulations, directives and decisions) take precedence over national law and are binding on national authorities. The EU also issues non-binding instruments, such as recommendations and opinions, as well as rules governing how EU institutions and programmes work, etc. EU has categorized their approximately 3000 different legislations into 32 different subject areas corresponding to the related activities of the European Union.

The work methodology of task 1.1 includes:
Step 1 – identify existing EU regulations. Web page http://europa.eu/legislation does represent the primary source of information.
Step 2 – evaluate existing EU regulations
Step 3 – based on step 2, identify EU legislation relevant for the definition of content and functionality in the ChemXchange system meeting specific requirements in legislation
Step 4 – present findings in steps 1-3
Step 5 – based on 4 – provide input to system specifications.

The primary area of specific interest regarding existing legislation relevant for the Construction Sector with regards to handling of chemicals and the no. of EU legislations evaluated with regards to relevance to the ChemXchange include:

  • Employment and social policy
    • Health, hygiene and safety at work
      • General provisions - 9 legislations
      • Equipment, signs and loads – 4 legislations
      • Protection of specific groups of workers - 4 legislations
      • The workplace - 8 legislations identified
      • Chemical, physical and biological agents - 10 legislations
  • Environment
    • General Provisions
      • Policy Framework- 2 legislations
      • Transversal policy objectives - 2 legislations
      • Organisations and agencies- 2 legislations
      • Environment monitoring - 3 legislations identified
    • Environmental Management
      • General obligations - 5 legislations
      • Management instruments - 5 legislations
      • Financial instruments - 4 legislations
      • Application and control of community environmental law - 6 legislations
    • Waste Management
      • General Framework - 9 legislations
      • Hazardous Waste - 2 legislations
      • Waste from consumers goods - 8 legislations
      • Waste from specific activities - 6 legislations
      • Radioactive waste and substances - 4 legislations
    • Water Protection and Management
      • General Framework - 5 legislations
      • Specific uses of water - 5 legislations
      • Marine Pollution - 10 legislations
      • Regional Waters - 5 legislations
      • Discharges of substances - 11 legislations
    • Soil Protection
      • General Framework- 4 legislations
      • Management of specific soil types - 5 legislations
      • Discharges of substances - 4 legislations
      • Activities leading to specific risks - 3 legislations
    • Chemical Products
      • Dangerous substances and preparations - 7 legislations
      • Pesticides - 2 legislations
      • Fertilisers - 3 legislations
      • Control of the risks - 5 legislations
      • Management of Pollutants and waste - 7 legislations

With regards to step 2, the different legislations identified in step 1 are analyzed with regards to relevance for the ChemXchange project and the main criteria for evaluation have been:

  • Relevance for construction sector at the primary industry addressed in the ChemXhange project
  • Relevance with regards to handling of chemicals as the primary focus area in the ChemXchange project.

The different legislations are categorized into these categories:

  • Highly relevant. This includes legislations that has direct consequences for content and/or key functionalities of the ChemXchange system to be developed
  • Partly relevant. This includes legislations which to some extent have consequences for the functionality of the ChemXchange project and legislations where the ChemXchange system can contribute to the objectives of the legislation.
  • Not relevant. This includes legislations that are not relevant for the ChemXchange system as they either do not address the Construction Sector or handling of chemicals.

The work in task 1.1 is coordinated with activity in task 1.2 Reach influence with KTU as task leader.

Back to Project results