Hazardous and health-related goods
- Document symbol
- G/LIC/N/3/ISL/3
- Original language
- English
- Published on
- 28/10/2004
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The import of certain goods, which are a threat to consumer welfare, human health and safety or threat to the environment, is prohibited under the provisions of the act no. 52/1988 on toxic and hazardous chemical substances and the above-mentioned regulations unless specified conditions, restrictions or requirements are complied with.
For some goods administrative approval or import licence is required prior to each import in other cases open administrative approval is given without any limits. Conditions for marketing may be labelling requirement and/or restrictions regarding sale and use of the goods.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
To ensure safe handling of the goods and to keep control on the quantities imported and used.
The following goods are included in the system. References relate to laws and regulations mentioned in Answer 5:
Toxic substances and preparations classified according to Regulation no. 236/1990 (f); (a) Import licence is requested for each shipment.
Pesticides, insecticides, rodenticides, and molluscicides; (a), (p), (q) The product has to be registered – Import licence is requested for each shipment.
Disinfectants; (a), (b) Approval has to be given from the Environmental and Food Agency.
Methanol; (a), (b) Import licence is required for each shipment.
Aerosols containing toxic substances and certain other hazardous substances classified according to Regulation no. 236/1990 (f); (n) May not be imported or placed on the market for sale to the general public.
Aerosol generators intended for entertainment or decorative purposes containing substances classified as flammable according to Regulation no. 236/1990 (f); (j) May not be imported or placed on the market for sale to the general public.
Cosmetics containing substances listed in Annex 2, Regulation no. 748/2003(e) or other colouring agents, preservatives or UV filters than those listed in annexes 4-6 to Regulation no. 748/2003; (e) May not be imported or placed on the market.
Paint and colours containing >1% of toxic substances classified according to Regulation no. 236/1990 (f), paint containing cadmium, cadmium compounds, specified lead carbons or sulphates (k); (b) May not be imported or placed on the market for sale to the general public, (k) Import is prohibited, exemptions can be granted in special cases.
Asbestos; (c) Import is prohibited, exemptions can be granted in special cases.
PCB’s, PCT’s, Ugelec 141, Ugelec 121 (Ugelec 21) and DBBT, equipment containing aforementioned substances; (i) Import is prohibited, exemptions can be granted in special cases.
Cement containing water-soluble chrome (Cr+6) 2 mg/kg dry cement; (d) Import is prohibited, exemptions can be granted in special cases.
Toys containing lead; (g) Import licence is requested for each shipment.
Toys containing >5 mg/kg benzene; (j) May not be imported or placed on the market.
Coloured or perfumed lamp oil classified as dangerous according to Regulation No. 236/1990(f) and assigned the risk phrase R65 Harmful: may cause lung damage if swallowed; (j) May not be placed on the market unless in packaging 15 litres.
Ornamental objects, games, tricks and jokes may not contain liquid substances or preparations, which are regarded dangerous according to Regulation no. 236/1990 (f); (i) jokes and hoaxes with certain ingredients listed in Regulation 615/1999; (j) May not be imported or placed on the market.
Antifouling substances, paint and other products, intended to prevent fouling by micro-organisms, plants or animals on the hulls of boats and on other appliances or equipment totally or partly submerged, containing mercury (Hg), arsenic (As) or organic tin compounds; (h) Import and use is prohibited. Wood preservatives; (a) Approval has to be given from the Environmental and Food Agency; (k) Import and use of wood preservatives with mercury is prohibited, special conditions are bound to the use of arsenate in wood preservatives.
Plastic products coloured by cadmium or its compounds and products of vinyl chloride polymers stabilised by cadmium or its compounds if cadmium exceeds 0,01% by mass of the material, cadmium plated metallic products; (l) Import is prohibited, exemptions can be granted in special cases.
Textile articles intended for clothing containing specific flame retarding materials, heavy-duty industrial textiles impregnated with mercury compounds or textiles intended for clothing or decorative furnishings impregnated with PCP and clothing colored with azodyes; (m) May not be imported or placed on the market.
Certain pesticides and other chemicals, which are hazardous to human health or the environment, listed in Regulation 857/1999; (n) Import is prohibited, exemptions can be granted in special cases.
Batteries containing >0.0005% mercury except for button cells containing >2% mercury (w/w); (o) May not be imported or placed on the market.
Toys and childcare products intended for children under the age of three may not be imported or placed on the market if they contain phthalates (r).
Metal objects made of nickel, which may come into contact with human skin may not be imported or placed on the market (s).
Certain objects in motorised vehicles and parts thereof may not contain mercury, cadmium, lead or hexavalent chromium (t).
Short chain chlorinated paraffin’s are prohibited in metal industry, leather liquoring, in plasticizers and flame retardants (u).
Nonylphenol and nonylphenolethoxylates may not be put on the market or used in substances or constituents of preparations for various industrial purposes (v).
Certain pesticides and hazardous industrial chemicals may not be exported or imported unless an approval has been given by the authorities in the importing country (w).
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The import of these goods is regulated as a protection measure. Goods included are known to be associated with particular public health or safety hazards, hazards for the environments or other concerns which warrant restriction or prohibition of their use. The monetary value is not a criterion for control. Alternative methods have not been adopted, as it would in most cases not be consistent with legal obligations.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The control on importation of the specified goods is a statutory requirement under the law and regulations mentioned and according to the Act no. 7/1998 on hygiene and environmental control and Act no. 134/1995 on product safety.
(a) Act no. 52/1988 on toxic and hazardous chemical substances, with amendments.
(b) Regulation no. 137/1987 on the use and restrictions on use of certain toxic and hazardous substances and preparations, with amendments no. 610/1987.
(c) Regulation no. 870/2002 prohibiting the import and use of asbestos
(d) Rules in respect of chrome content in cement no. 330/1989.
(e) Regulation no. 748/2003 concerning cosmetics.
(f) Regulation no. 236/1990 relating to the classification, labelling and handling of dangerous substances and preparations with amendments no. 348/1990, 664/1997, 766/1997, 459/1998, 460/1998, 500/1998, 639/1998, 77/1999, 150/1999, 548/1999, 754/1999, 613/2000, 921/2000, 380/2001, 197/2002 and 579/2002
(g) Rules no. 520/1991 on the import, production and marketing of toys containing lead. Regulation no. 619/2000 on the prohibition of the use of chemicals that contain mercury, arsenic and organic tin compounds (tributyltin), with amendment no. 878/2002.
(h) Regulation no. 323/1998 regarding the import, use and disposal of PCBs, PCTs and substitutes which are dangerous to the environment.
(i) Regulation no. 615/1999 on the restriction on marketing of lamp oils, ornamental objects, toys, jokes and hoaxes which contain certain chemicals.
(j) Regulation no. 903/2002 with amendment no. 612/2003 on the use and the prohibition of use of certain chemicals in paints and for treatment of wood.
(k) Regulation no. 447/1996 on the use and the prohibition of use of cadmium and its compounds.
(l) Regulation no. 744/2003 on the use and the prohibition of use of certain substances in the treatment of textile articles.
(m) Regulation no. 857/1999 on the prohibition of use of certain toxic and dangerous substances, with amendments no. 623/2000 and 483/2002.
(n) Regulation no. 946/1999 on batteries and accumulators containing certain dangerous substances.
(o) Regulation no. 50/1984 on the use of dangerous substances and preparations in agriculture and gardening, with amendments no. 213/1984, 235/1986 and 461/2001.
(p) Register of approved insecticides, herbicides, growth regulators and rodenticides no. 19/2003/L.
(q) Regulation no. 196/2000 on restriction on the manufacture, import and distribution of toys containing phthalates.
(r) Regulation no. 464/2001 regarding restriction on nickel in certain products.
(s) Regulation no. 396/2003 relating to restriction on the use of certain substances in motor vehicles.
(t) Regulation no. 635/2003 relating to restriction on the use of short chain chlorinated paraffin’s.
(u) Regulation no. 872/2003 relating to restriction on the marketing and use of nonylphenol and nonylphenolethoxylates.
(v) Notice no. 940/2000 on entry into force of EEA regulations concerning the export and import of dangerous chemicals.
The system cannot be abolished without legislative measures.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Usually 1-3 days for import licences, 2-4 weeks for licences given as exceptions from existing ban on import. In special cases licences can be given within a shorter time limit. Licences can be given for goods that have arrived at the port.
Q7.b. Can a licence be granted immediately on request?
In special cases import licences can be issued promptly. Exemptions from existing ban can not be given immediately.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Applications can be made any time of year.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The Environmental and Food Agency considers applications for import licences. The Ministry for the Environment grants licences given as exemptions. Approval is required from the Environmental and Food Agency. No.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
If application meets criteria, the licence is granted. Reasons for refusal would be given to the applicant. Yes. The applicant can appeal to the Ministry for the Environment for review of refusal to issue a licence. The decision of the Ministry can be appealed according to the Act on Public Administration.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Yes, but in certain cases import licences are restricted to those having licence to use or marked the relevant products.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
There is no application form. The applicant is requested to submit the following information:
- name and address of applicant;
- name and location of the manufacture of the goods;
- detail information of the product to be imported;
- amount of substance proposed to import; and
- the proposed use of the product.
Q11. What documents are required upon actual importation?
Standard customs documentation and approval from The Environmental and Food Agency of Iceland.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Import licences apply only to the import of the stated goods. Open licences are given fore some goods; licences for import of specific amount of goods that are exempted from registration are valid for 6 months. No.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Pesticides, rodenticides and insecticides have to be registered.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Yes. No. Yes. A form has to be filled out with the name and the ID number of the importer.