REACH is a major new European system for testing a large range of chemicals and substances for their effects on the environment and human health. It has significant implications for manufacturers and importers as well as downstream users of substances.
As a Regulation, REACH is transposed directly into UK law. However, REACH requires that each Member State must set up a system of controls and penalties for breaches of the requirements in the regulation and take the necessary measures to implement those penalties. DEFRA’s consultation paper addresses these enforcement aspects.
The consultation proposes that the requirements concerning registration and information in the supply chain will be enforced by the Health and Safety Executive (and the equivalent body in Northern Ireland). And that the requirements concerning the use of chemicals will be enforced by:
• The Health and Safety Executive (HSE), in Great Britain.
• The Health and Safety Executive of Northern Ireland (HSENI).
• The Environment Agency (EA) in England and Wales.
• The Scottish Environment Protection Agency (SEPA).
• The Northern Ireland Environment and Heritage Service (EHSNI).
• Local authorities.
Not all of the obligations set out in REACH will be enforced by the UK authorities. The European Chemicals Agency (ECHA) will be responsible for issuing registrations. ECHA will also be responsible for rejecting applications where an applicant fails to comply with the requirements of registration. However, it will be an offence to submit fraudulent information and this activity will be enforced by UK authorities.
Examples provided in the consultation of activities where UK enforcement is needed are:
• The manufacture, import, sale, supply or use of substances without the appropriate registration.
• Using a hazardous substance outside the terms of an authorisation or restriction.
• Failure to provide required information up and down the supply chain.
• Failure to comply with other duties regarding information.
• Failure to comply with the duty to apply recommendations.
• Failure to comply with the duties to co-operate and to supply information.
We are keen to engage with members on this important aspect of regulation and would welcome feedback from members in advance of the closing date for comments on this consultation (4 June 2007).