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Internal Market, Industry, Entrepreneurship and SMEs

Enforcement

National authorities are responsible for enforcing REACH through inspections as well as handing out penalties in case of non-compliance. They exchange information and coordinate activities related to enforcement through the Forum for Exchange of Information on Enforcement (the Forum).

Forum on enforcement

A forum, set up by the European Chemicals Agency (ECHA), formally brings together national enforcement authorities to

  • coordinate enforcement activities
  • promote cooperation, coordination, and the exchange of information between EU countries, the ECHA, and the Commission regarding enforcement
  • develop coordinated enforcement projects and report on results

Since 2007, many projects and documents have been generated.

For more information, see the ECHA's Enforcement Forum.

REACH enforcement authorities

National authorities are responsible for enforcing REACH. Each EU country has already designated the authority to deal with REACH enforcement. For more information, please refer to the authorities in your country. Some information can also be found in the the ECHA's Enforcement Forum.

Enforcement indicators

REACH review communication (February 2013) highlighted that a strong and harmonised approach towards enforcement in the EU countries is vital for delivering the objectives of the REACH and CLP Regulations. This is challenging and so EU countries are actively cooperating within the Forum to enhance compliance.

To ensure more consistent enforcement at EU level, REACH established the Forum for Exchange of Information on Enforcement within ECHA. This forum is recognised as a useful collaboration platform. The Communication also highlights, among other things, that the Commission will develop enforcement indicators, in liaison with the Forum.

The Commission contracted a study to develop enforcement indicators. The objective of the study was to propose a set of indicators that could be used to monitor and measure the performance of the enforcement of the REACH and CLP regulations.

The Commission used these indicators and published two reports

Penalties for infringement of REACH

The REACH regulation dictates that EU countries must determine the penalties that would apply to the infringement of REACH provisions and must take all measures necessary to ensure that they are implemented.

  • The penalties must be 'effective, proportionate and dissuasive'
  • EU countries have to notify their provisions to the Commission and must also notify any subsequent amendment

A comparative study of the penalties that were communicated by EU countries by the first deadline (December 2008) was completed in 2009/2010.