Assent Compliance Inc.

REACH Enforcement: 802 Authorisation Inspections, Criminal Prosecutions Launched

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Source: Assent Compliance Inc.

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The latest enforcement report (June 2017) of the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation has highlighted the lengths enforcement authorities are ready to go to ensure compliance with authorisation requirements – even to the extent of criminal prosecution.The new report details some 802 inspections conducted in companies across 17 European countries. Onsite inspections accounted for 359 of these, while the remainder were desktop inspections. Specifically, enforcement authorities were monitoring the use and placing on the market of 13 substances of very high concern (SVHCs) with Sunset Dates in 2015.

A total of 19 violations in 12 companies were detected with regard to Articles 56, 65 or 66 of REACH, revealing a non-compliance rate of 8.9 percent among companies who had placed substances subject to authorisation on the market. Three verbal advices, five written advices and four administrative orders were issued to these companies. Importantly, in two cases, a criminal complaint was submitted to the public prosecutor’s office highlighting the seriousness with which enforcement authorities are dealing with REACH offenses.

The report also noted more inspections have been recommended. This signals companies need to be prepared to prove compliance with REACH, specifically with the Sunset Dates associated with any SVHCs in use. Achieving readiness for possible enforcement action requires an in-depth knowledge of product components and supply chains through the implementation of strong supply chain surveying and due diligence programming. Direct or indirect non-compliance with REACH could lead to substantial supply chain interruptions for products using substances subject to authorisation after the Sunset Dates. These disruptions can bring with them a range of financial, operational and even legal setbacks for non-compliant companies. 

Finally, this most recent enforcement action emphasizes that as the authorisation list continues to grow, so too do the risks of supply chain non-compliance. This means your company requires a REACH compliance program capable of scaling alongside the expanding regulatory environment. Learn how the REACH Module, as part of the wider Assent Compliance Platform can help you achieve this in our Module Overview.

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