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ECHA vyzýva spoločnosti, aby pokračovali v spolupráci v SIEFe aj po termíne 31.mája
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Kontrollen und Sanktionen

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






Fines: EUR 52 to EUR 4 000 000

Imprisonment: 8 days to 3 years

Czech republic

Fines: CZK 500 000 to CZK 5 000 000


Imprisonment up to two years

Chemical substances and products Act no. 175


Fines or imprisonment up to 2 years

Chemical Act No. 744/1989 and Penal Code of Finland No. 39/1889


Less severe infringement: fines up to EUR 50 000 or imprisonment up to 1 year

More severe infringement: fines up to EUR 100 000 or imprisonment up to 5 years


HUF 50 000 to 20 000 000

Government decree on chemical load penalty


On summary conviction, a fine not exceeding € 5,000 or imprisonment for a term not exceeding 6 months or both,

On conviction on indictment, to a fine not exceeding € 3,000,000 or imprisonment for a term not exceeding 2 years or both.

Chemical Act 2008 (S.I. No. 273 of 2008)


Fines: LVL 300 to LVL1000


Fines: LTL 500 to LTL 300 000


Fines: EUR 466 to EUR 23 294

Imprisonment: < 6 months to 4 years


Fines up to 670 000 or imprisonment up to six years

Economic Offences Act


Fines: RON 6 500 to RON 50 000


Fines: EUR 9 958 to EUR 99 582

Act No. 405/ 2008


In parliament


Fines or imprisonment up to 2 years

Environmental Code (Chapter 29)

United Kingdom

Up to £5,000 fine and/or up to 3 months imprisonment following summary conviction

An unlimited fine and /or up to two years imprisonment following conviction on indictment

REACH Enforcement Regulations 2008 No. 2852

Back to: Implementation of REACH


ECHA substances (click):

Pre-registered substances Registered substances

Substances of Very High Concern identification