The statutory order defines lead as the element lead itself, both in its metallic form and as found in chemical compounds. The lower threshold of lead in products, above which those products will be banned, has been set at 100 ppm (mg/kg). Thus, where a product or its components contains more than this amount, it will be covered by the statutory order. There are two exceptions which will not benefit by the threshold: lead carbonates and lead sulphates in paint. Moreover, the statutory order does not cover products containing lead which are regulated by means of other applicable EU Directives implemented in Denmark, or national legislation. Therefore, e.g., batteries falling under a statutory order of 1993 concerning certain batteries and accumulators containing dangerous substances will continue unaffected by this new legislation, as will a law, introduced in 1996, regulating ceramic articles intended to come into contact with foodstuffs. The statutory order also does not cover raw materials and semi-finished goods, nor second-hand goods which complied with Danish requirements when they were first sold.

Part 2 of the statutory order contains the actual restrictions of use. It emphasises that the import and marketing of products containing chemical compounds of lead shall be prohibited as from 1 March 2001. However, there are certain products, listed in Annex 1 to the order, for which the effective date of prohibition will come later (in some instances, no date has yet been set). This Annex is reproduced below as table 1. As for metallic lead, the dates prohibiting import and marketing vary depending on the product category concerned. Annex 2 of the order sets out the product list, reproduced below as Table 2.

The order further states that the Danish Environmental Protection Agency will permit, only in very exceptional cases, derogations from the rules set out in the order.

Finally, the statutory order contains a penalty provision. Thus, it states that unless more severe penalties are already provided for in respect of infringements involving other legislation, the penalty for a violation of the order shall be a fine (specific amounts are not provided, however). The penalty may be increased to detention or imprisonment for a maximum term of two years for deliberate violations or gross negligence, where the infringement resulted in injury (or risk of injury) to humans, animals, or the environment, or where it led to, or was intended to lead to, economic advantages for the offender.

There is always the possibility that the Commission may, in the future, proceed against Denmark in the European courts for imposing such restrictive and broad measures against lead, if indeed Denmark has gone materially beyond what was necessary to achieve essential environmental and consumer protection. Hong Kong's exporting community may well be concerned by the effects of the adopted legislation and it can be of no comfort at this stage that several of the Member States and powerful industry representatives had attempted to stop Denmark from going ahead with establishing its onerous law.

Table 1:
List of product categories containing chemical -compounds of lead where import and marketing shall be allowed until the dates stated

Table 2:
List of product categories containing metallic lead where import and marketing shall be prohibited as from the dates stated