New Substances

 

New substances notification is an international procedure, which is in use, for example, in the United States, Japan and Europe. In the United States and Japan, a new substance must be notified before manufacture is started (pre-manufacturing notification). In the EU, a substance has to be notified before it is placed on the market (pre-marketing notification).

In Finland, the new substance notification has been in use since 1990, when the Chemicals Act (744/1989) entered into force. When the national legislation was written, Community Directives were used as the starting point. Finland has taken part in the notification of new substances at Community level since joining the European Economic Area (EEA) in 1994. The legislation concerning the notification procedure is harmonised with the corresponding Community directives.

The purpose of notifying a new substance is to obtain information about an unknown chemical compound before releasing it to the market for commercial use. In the notification information is given about the substance’s health and environment hazards or other dangerous properties such as flammability or explosivity. For each substance, a risk assessment is prepared to estimate the potential health, environmental or consumer risks arising from the dangerous properties of the substance. This information helps to determine the conditions of acceptable use of the substance. Moreover, using the information obtained from the notification dossier, the substance can be classified according to its inherent dangerous properties and packed safely with appropriate warning labels. The dossier also forms a basis for drafting a correct safety data sheet, which purpose is to give workers additional information about safe use and handling of the substance.

The new substance notifications are submitted to the competent authority, which in Finland is the National Product Control Agency for Welfare and Health (STTV). In co-operation with the Finnish Environment Institute, STTV evaluates the notifications and decides of its release to the market.

Notifying a new substance

According to the paragraph 20 of the Chemicals Act 744/1989, amendment 1147/1994, a manufacturer or his representative has to notify a new substance to STTV before it is placed on the market. Substances, which are placed on the market within the European Community after September 18 1981, are considered new substances.

What substance should be notified?

A substance is subject to notification if:

·         It is placed on the EEA –market (European Community member states + Norway + Island + Liechtenstein) and

·         It is not on the European Inventory of Existing Commercial Chemical Substances and

·         It is not covered by one of the exemptions granted (see Council Directive 92/32/EEC, art. 13).

Example: a notification is not necessary for a substance manufactured in the EU if exported and marketed solely in Canada.

Who is responsible for submitting the notification?

A manufacturer operating within the EEA submits the notification to the Competent Authority in the country where he is manufacturing the new substance. If the new substance is manufactured outside the EEA the notification is done in the country where the importer is located. A manufacturer outside the EEA can name an importer in the EEA as his sole representative whose location dictates the country of notification. A sole representative may represent other importers within the EEA. This can be indicated in the notification by submitting a list of companies, which the sole representative represents.

What information needs to be submitted?

The information to be provided depends upon the amounts which will be marketed annually across EEA . If the amount is less than 1000 kg/a a reduced notification is submitted . When the yearly amount reaches 1000 kg or more a full notification has to be submitted. When the tonnage reaches 10 tons, 100 tons or 1000 tons additional information is required.

A full notification includes (list not complete):

A technical dossier describing the intrinsic properties of the substance and supplying the information necessary for evaluating the foreseeable risks. It includes among others:

·         Identity of the substance (name, formula, spectral data, impurities, etc.)

·         Information on the substance (production, uses, precautionary and emergency measures, packaging, etc)

·         Appropriately conducted studies to assess the physico-chemical properties of the substance (melting/boiling point, vapour pressure, flammability, etc.)

·         Appropriately conducted studies to assess the dangerous properties of the substance (toxicological and ecotoxicological studies)

·         Documentation on the possibility of rendering the substance harmless (for industry, recycling, destruction, etc.)

·         Identity of the notifier

·         A proposal for classification and labelling of the substance

·         For substances classified as dangerous, a proposal for a safety data sheet

A more complete explanation of the necessary studies can be found in the Annexes VII and VIII of the Council Directive 92/32/EEC.

Notifiers of new substances will be required to pay a fee for the notifications. The fees payable are noted in the Decree 498/2000 by the Ministry of Social Affairs and Health.

Treatment of the notification

STTV will check the contents of the new substance notification and that the submitted notification dossier complies with the Regulations. STTV will ask the Finnish Environment Institute’s opinion concerning the environmental effects of the substance.

On the receipt of a full notification, the competent authority will, within 60 days inform the notifier in writing whether the submitted information is considered sufficient. In case of a reduced notification, the notifier will be informed within 30 days.

In the case of a full notification, the substance can be placed on the market 60 days after the day when the notifier has received acknowledgement from STTV that the notification complies with the Regulations. In the case of a reduced notification, the time is 30 days. The "clock" starts when STTV has informed the notifier that the notification contains the required information.

If the notifier has not received a response from the competent authority within the implied time, the substance can be placed on the market 60 days (full notification) or 30 days (reduced notification) after the date of notification submission.

 

Manual of Decisions

 

Contact persons:

Annette Ekman

name.surname@sttv.fi

Tel: +358-9-3967 2771

Marko Kuittinen

name.surname@sttv.fi

Tel: +358-9-3967 2764

 

10.12.2003