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The new European Union chemical regulation –REACH has been in force for over one and a half years and according to REACH regulation article 126, the 27 EU member states stall lay down their own penalties regime applicable for infringement of the provisions thereof and shall take all necessary measures to ensure they are implemented. Only two-thirds of the member states have their regime prepared to thee December 1st, 2008. The rest of member states could have their enforcement legislations ready by the end of 2009.
Member States are required to report to the European Commission results of the inspection, monitoring and penalties by June 1, 2010 and then regularly every five years.
To ensure a harmonized approach of REACH implementation among the member states, the regulation explicitly required a set up of “Forum for Exchange of information on Enforcement” (FORUM).
Forum at its sixth session held on 8 -10. December 2009, decided to control the obligation formulators, who are the first level of downstream users of chemicals in the supply chain. The second project of the Forum is following - up the current project for checking of compliance with REACH for producers and importers.
Forum agreed that the second project will monitor compliance with the obligations of formulators, because most mixtures are sold to manufacturers who use them in their articles, but there is still relatively large number of mixtures formulated at the first level of the supply chain sold direct to consumers, such as: cleaning products, paints or products for personal hygiene. Preparation of the second project starts in early 2010, and inspections of formulators will be carried out in 2011 after the first deadline for registration of chemical substances. The project will build primarily on the experience gained from the first project forum (REACH-EN-FORCE1), which will be completed at the end of this year. The partial results show that during the first project was carried out 850 inspections in 28 countries; inspections are targeted primarily at existing (phase - in) substance and especially for controlling if manufacturers and importers pre-register or register substance and checking of safety data sheets. Summary report of the first project will be published in spring 2010.
The main tasks of the Forum are: ® to spread good practice and highlight problems at Community level; ® to propose, coordinate and evaluate harmonised enforcement projects and joint inspections; ® to coordinate exchange of inspectors; ® to identify enforcement strategies, as well as best practice in enforcement; ® to develop working methods and tools of use to local inspectors; ® to develop an electronic information exchange procedure; ® to assure a close cooperation with industry, taking particular account of the ® specific needs of SMEs, and other stakeholders, including relevant international organisations, as necessary; ® to examine proposals for restrictions with a view to advising on their enforceability.
Member states with enforcement measures Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Germany, Finland ,France, Hungary, Ireland, Latvia, Lithuania, Luxemburg, Malta, Netherlands, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom
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