Reporting obligations and person responsible for trading in toxic substances

General information

It is necessary to maintain precise and consistent annual reports listing the type, quantity, origin and location of toxic substances. The reporting obligation lasts for seven years after the last entry.

The reporting obligation applies to manufacturers, consumers and purchasers of toxic substances pursuant to section 35 of the Chemikaliengesetz 1996.

All proprietors of companies that manufacture or sell substances and mixtures that constitute toxic substances pursuant to section 35 of the Chemikaliengesetz 1996 are required to appoint a person responsible for trading in toxic substances. This person must monitor compliance with the provisions and immediately notify any deficiencies identified to company management. The responsible person must agree to be appointed to this position.

The manager of the company may assume the duties of the person responsible for trading in toxic substances him/herself, in consideration of economic aspects.

Enterprises affected

These rules apply to all natural and legal persons who place or make the chemicals in question available on the market in Austria or use said chemicals in Austria.

Legal bases

• Sections 35, 43, 44 of the Chemikaliengesetz 1996 (ChemG 1996)
• Section 9 of the Giftverordnung 2000

Note: Since 26 November 2015, the scope of application of the III. Abschnitt of the Chemikaliengesetz 1996 (legislation on toxic substances) has been limited to plant protection preparations classified as toxic substances pursuant to section 35 (see section 5 paragraph 3 (4a) of the Chemikaliengesetz 1996).

Expert information

• Chemicals policy and biocides (→ BMK)^{German text}