The launch of REACH EN FORCE 3
REF 3 aims at enforcement of registration obligations, OR compliance and collaboration between customs. It involves fulfillments of obligationsby all manufacturer, importer, OR and corresponding custom. The following sheet includes enforcement of this REF 1 and REF 2:
| Time |
Enforcement activity |
Enforcement result |
Penalty |
|
From 2009 to 2011 |
REF 1 aims at compliance of pre-registration and the delivery of information along supply chain (such as SDS) |
Random inspection on 2400 companies from 26 member states, including 1327 manufacturers, 994 importer, 121 OR and 1294 downstream users; 22 % were found incompliant, among whom 11 % had no or incomplete SDS covering 26% substances, 17% had no correct SDS, 4% did (pre-) register correctly and 3% did (pre-) register at all. |
The following are penalties taken to 530 incompliant companies and their numbers: Administrative penalty: 211 cases; Appeal letter: 132 cases; Fine: 18 cases; Criminal lawsuit: 6 cases; Criticism and education: 5 cases; Others: (such as written notice to correct or to correct in limited time): 229 cases |
|
From 2011 to 2012 |
REF 2 aims at compliance of obligations of downstream user, including the quality of SDS of mixture or preparation ( paint, coating, epoxy product) |
Around 1200 enforcement activities were carried out in 29 EU member states among which 85% were relative to SMEs. There are 52% companies whose SDS provided were incompliant, 12% who did not fulfill pre-registration obligation and 25% companies did not fulfill the obligation of CLP notification |
Enforcement officers had already taken a series of measures including oral warning, administrative penalty and fine |
In the latest enforcement forum of REACH and CLP, European Council have stated to activate project on establishing enforcement criteria of REACH and CLP while the forum itself will also take part into the implementation of the project. The criteria may help further clarify the enforcement proceduresand facilitate the compilation of enforcement report. In addition, ECHA also launched another initiativeaimed atimprovingthe readability of Annex XVII—restrictive clause of REACH regulation by compilation of instruction of Annex XVII. This may help NEAs and chemical companies to boost understanding on the clause so as to facilitate the implementation of restriction requirements.
Meanwhile, the forum also discussed which areas need cooperation and contact among ECHA, NEAs and competent authority of REACH and CLP enforcement after ECHA had released resolution on dossier assessment or that requires registrants to provide further information; which strengthened the enforcement on dossier quality of REACH regulation.
As the implementation of EU REACH regulationsprogressesthe enforcement of compliance obligations has also seen marked improvements. REACH24H would like to remind all who face REACH regulation challenge to keep track of the latest developmentsand take timely measures to comply with its requirements.
