This fact sheet explains the most important points in the Statutory Order from the Ministry of Environment on restrictions on import, sale and use of biocidal bottom paint. Please note that only the regulations in the Statutory Order apply, this fact sheet is merely a guide.
What is the scope of the regulations?The regulations cover anti-fouling bottom paint containing one or more active substances (so-called biocides) which chemically or microbiologically combat deposits and growth of bacteria, plants or animals on ships, aquaculture equipment or other structures used in water.
What is the purpose of the regulations? The regulations are designed to prevent injury to humans and damage to the environment resulting from contact with anti-fouling bottom paint containing biocides.
The biocide irgarol can cause hypersensitivity on contact with the skin. It is very toxic for animals and plants in the aquatic environment.
The biocide diuron is harmful to health and the environment. It is dangerous if swallowed and there is a risk of permanent harm to health. It is very toxic to plants and animals in the aquatic environment.
What do the regulations say? It is not permitted to import, sell or use anti-fouling bottom paint containing the biocides diuron and irganol on ships shorter than 25 metres.
It is not permitted to import, sell or use anti-fouling bottom paint containing biocides on pleasure boats which:
• sail predominantly in fresh water, or • weigh less than 200 kg.
With regard to pleasure boats, after 23 January 2003 it will be forbidden to import, sell or use bottom paint containing biocides which release substances that can have a long-term undesirable effect on the aquatic environment or which can be hazardous to the aquatic environment.
At sale, anti-fouling bottom paint containing biocides must be marked with the text "Må ikke anvendes til fritidsbåde, der overvejende anvendes i ferske vand. Må ikke anvendes til fritidsbåde under 200 kg. Forbuddet gælder ikke for træbåde, der anvendes i saltvand, og for fritidsbåde, der anvendes i saltvand, og som har fast vandplads i havne, som i forsikringsbranchens havneoversigt er klassificerede som A eller B havne". (Must not be used on pleasure boats that sail predominantly in fresh water. Must not be used on pleasure boats under 200 kg. The ban does not cover wooden boats used in salt water and pleasure boats used in salt water that have permanent mooring space in harbours designated as A and B harbours by the insurance-sector harbour survey.) The text must be easy to read and indelible.
Are there exemptions to the regulations? It is permitted to import, sell and use anti-fouling bottom paint containing biocides for use on wooden boats in salt water. This also includes pleasure boats with permanent mooring space in harbours designated as A and B harbours by the insurance-sector harbour survey.
Who is responsible?Anyone importing, selling or using anti-fouling bottom paint containing biocides is responsible for ensuring the regulations are complied with as they appear in the Statutory Order.
The Danish EPA Chemical Inspection Service supervises the implementation of the regulations and is authorised to issue injunctions and bans. If the regulations are violated this may lead to a fine or imprisonment of up to two years.
Where can I obtain more information? The title of the Statutory Order is:‘Statutory Order No. 761 of 25 September 1999 from the Ministry of Environment and Energy on restrictions on import, sale and use of biocidal bottom paint’.
The statutory order is also available in Danish on the Internet address: www.retsinfo.dk, at the library or you can order them at a bookshop in Denmark.
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