Chemicals Trade Competent Person
Sale and handover of restricted chemicals with proof of competence, recipient documentation, and identity checks. Required wherever substances subject to the Chemicals Prohibition Ordinance are traded.
ChemVerbotsV § 11 · ChemG
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What is a Chemicals Trade Competent Person?
A Chemicals Trade Competent Person (sachkundige Person) is the individual a retailer or distributor relies on to lawfully hand over chemicals whose supply is restricted under the German Chemicals Prohibition Ordinance (ChemVerbotsV). The competence itself is governed by § 11 ChemVerbotsV in conjunction with the Chemicals Act (ChemG). The role covers the point of sale rather than the wider product safety lifecycle.
Annex 2 of the ChemVerbotsV names no substances. It works from the CLP classification under Regulation 1272/2008. Entry 1 catches substances and mixtures labelled with pictogram GHS06, or with GHS08 plus the signal word Gefahr and one of the hazard statements H340, H350, H350i, H360, H370 or H372. Entry 2 catches the remaining substances and mixtures labelled with GHS03, or with GHS02 plus H224, H241 or H242, and those that release phosphine in normal use. For Entry 1 the licence requirement of § 6 Abs. 1, the basic conditions of § 8, the identity check and record of § 9 and the mail-order ban of § 10 ChemVerbotsV all apply. For Entry 2, only § 8 applies.
In practice the competent person makes sure every handover meets § 8 Abs. 3 ChemVerbotsV: lawful intended use, briefing on hazards, precautions and disposal, and a minimum age of 18 for individuals. § 9 ChemVerbotsV requires a supply register (Abgabebuch) recording the type and quantity supplied, the date, the intended use, the name of the person handing over, and the name and address of the purchaser, with the purchaser signing for receipt. The holder of the business keeps register and receipts for at least five years after the last entry (§ 9 Abs. 3 ChemVerbotsV).
What fails an inspection is rarely the competence but a break in the chain of evidence: a handover with no responsible person attached, an entry with the intended use left blank, a product range extended into Annex 2 substances without the licence, the point-of-sale controls and the mail-order ban following suit. The role is distinct from a manufacturer's REACH or CLP duties; it is narrower and transactional. Larger retailers keep several competent persons so that one is present throughout opening hours, and § 6 Abs. 3 ChemVerbotsV requires every change of such a person to be notified to the authority without delay.
Duties of the Chemicals Trade Competent Person
- Establish the identity of the purchaser before handover under § 9 Abs. 2 Nr. 1 ChemVerbotsV.
- Keep the supply register under § 9 Abs. 1 and 2 ChemVerbotsV: type and quantity, date, intended use, name of the person handing over, name and address of the purchaser.
- Check the minimum age of 18 under § 8 Abs. 3 Nr. 3 ChemVerbotsV and brief the purchaser under § 8 Abs. 3 Nr. 2 on hazards, precautions and disposal.
- Assess whether a substance falls under Entry 1 or Entry 2 of Annex 2 ChemVerbotsV and apply the requirements listed there.
- Keep the Sachkundenachweis current under § 11 Abs. 1 ChemVerbotsV, including the refresher required by § 11 Abs. 1 Nr. 2.
- Refuse supply where the lawful use under § 8 Abs. 3 Nr. 1 ChemVerbotsV cannot be established or where there are indications of unlawful use.
- Ensure that handover happens only through persons meeting § 6 Abs. 2 as required by § 8 Abs. 1 ChemVerbotsV, and brief delegated staff annually under § 8 Abs. 2.
- Observe the mail-order ban in § 10 ChemVerbotsV: Entry 1 substances may not be supplied or offered by mail outside the recipient group of § 5 Abs. 2.
- Retain the supply register and receipts for at least five years under § 9 Abs. 3 ChemVerbotsV and present them to the competent authority.
- Enforce the self-service ban in retail under § 8 Abs. 4 ChemVerbotsV and track amendments to Annex 2.
Appointment and qualification
Anyone supplying or making available to third parties substances for which Annex 2 of the ChemVerbotsV points to § 6 needs a licence from the competent authority under § 6 Abs. 1 Satz 1 ChemVerbotsV. Businesses supplying only the recipient group of § 5 Abs. 2, meaning resellers, professional users and public research, testing and teaching institutions, are exempt, as are pharmacies. Under § 6 Abs. 2 ChemVerbotsV the licence goes to an applicant who has proven the competence required by § 11 Abs. 1, is reliable and is at least 18 years old. Companies obtain it under § 6 Abs. 3 if they employ, at every establishment where such substances are supplied, a person meeting those requirements; every change of that person must be notified to the authority in writing without delay. A business supplying only the § 5 Abs. 2 recipient group files the notification of § 7 Abs. 1 ChemVerbotsV instead of a licence and names in it at least one person meeting § 6 Abs. 2.
Competence is proven under § 11 Abs. 1 Nr. 1 ChemVerbotsV by passing an examination before the competent authority or a body it recognises, or by an alternative qualification under § 11 Abs. 3, such as approbation as a pharmacist. Where the examination is more than six years old, § 11 Abs. 1 Nr. 2 additionally requires a certificate for a one-day refresher within the last six years or a half-day refresher within the last three. Under § 11 Abs. 2 the examination covers the essential properties of the substances in Annex 2, the hazards their use involves, and the rules that apply to them. The certificate is personal to the holder.
- Starting to supply Annex 2 substances or mixtures under the ChemVerbotsV to private end users.
- A new establishment supplying or making available Annex 2 substances, where § 6 Abs. 3 ChemVerbotsV requires a suitable person on site.
- A change of the named person, with the notification duty of § 6 Abs. 3 Satz 2 or § 7 Abs. 2 Satz 2 ChemVerbotsV.
- Extension of the product range into substances whose CLP classification places them in Entry 1 or Entry 2 of Annex 2.
- Expiry of the six-year period in § 11 Abs. 1 Nr. 2 ChemVerbotsV without the required refresher.
Where the role is needed
- Hardware and DIY retailers stocking Annex 2 chemicals under the ChemVerbotsV
- Drugstores and pharmacies supplying restricted chemicals to private customers
- Agricultural and garden trade outlets
- Specialist chemical and laboratory supply retailers
- Pool and water-treatment product retailers
- Online retailers screening their range against the mail-order ban in § 10 ChemVerbotsV
- Wholesale operations with direct private-customer handover
- Trade outlets for cleaning and disinfection chemicals
How CIVAC supports the Chemicals Trade Competent Person role
CIVAC gives the competent person a single place to hold the Sachkundenachweis, its validity window and any refresher dates, with reminders before the certificate or a required update lapses. The documentation pillar stores recipient records and handover evidence in a structured, retrievable form, so that when the competent authority asks, the trail is complete and time-stamped rather than scattered across paper logs. Tasks route recurring checks, such as reviewing the current Annex 2 substance list or re-briefing sales staff, to the right person and track completion. Where several competent persons cover one establishment, CIVAC makes the active appointment and coverage visible, so the business can show that a qualified person was responsible at every point of sale.
Frequently asked questions
This page explains the duty. If you have already decided to hand the work over, these are the services that carry it.
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