Enforcement of REACH in the UK Richard Hawkins Environment Agency UK REACH Competent Authority

Environment Agency - role within the REACH CA Chemical Assessment Unit – Wallingford Chemical Restrictions Compliance Team – Sheffield

(First Defra consultation document) Enforcement of REACH in the UK “The Government’s aim is that REACH should be effectively enforced, but in ways which minimise the burden of checking compliance for both businesses and for public authorities” (First Defra consultation document)

REACH requirements as regards enforcement regime in place by 1 December 2008 ‘effective, proportionate and dissuasive’ penalties for non-compliance reporting back to the Commission ‘the Forum’

Developing an enforcement regime First Defra consultation Spring 2007 ‘Best fit’ approach, based on current: legislation enforcing bodies; and their responsibilities Second Defra consultation Summer 2008 http://www.defra.gov.uk/corporate/consult/reach-enforce/index.htm Statutory instrument to be in place by 1 Dec 2008

Other enforcing authorities Role of: HM Revenue & Customs (imports) Home Office (animal testing) European Chemicals Agency … ? … & civil liability aspects.

Co-ordination of enforcement Co-ordination across the European Union - the Forum - reporting back to the Commission Co-ordination in the UK: - Memorandum of Understanding - Enforcement Liaison Group “level playing field”

Powers, offences and penalties Powers: similar to those under existing health & safety, environment, and consumer protection legislation Offences: failure to comply with a duty under REACH will be a criminal offence Penalties: ‘effective, proportionate and dissuasive’

Enforcement strategy education, help and promotion = increased levels of compliance range of interventions (proactive and reactive) backed up by formal enforcement where appropriate focus on enforcement of those duties in REACH needed to ensure the Regulation operates effectively

Enforcement - Approach Protective of human health & environment whilst limiting burden on industry. Risk-based, targeted. Regulatory action only when necessary. In line with Cabinet Office guidelines. Similar model proposed for Marketing and Use Regulations.

Make Information Available Enforcement - Approach Determine Substance Follow up Inspections Gather Intelligence Make Information Available Assess Compliance Seek Engagement

REACH and existing legislation Enforcement where REACH and other legislation governing the use of chemicals applies: REACH applies ‘without prejudice’ to existing Community workplace and environmental protection legislation Where standards differ, compliance must be achieved with the more stringent (not either/or) Examples – COSHH, PPC etc

Have your say … Second consultation underway now: Do you have any comments relating to the proposed enforcing authorities? Do you believe that all appropriate REACH provisions have been included for enforcement in the UK? Do you agree with the proposed powers and penalties? Do you agree with the arrangements as set out in the Memorandum of Understanding?

www.hse.gov.uk/reach Helpdesk The contact details for the UK CA Helpdesk are: Telephone: 0845 408 9575 E-mail: UKREACHCA@hse.gsi.gov.uk Post: UK REACH CA Helpdesk 2.3 Redgrave Court, Bootle Merseyside, L20 7HS Free e-bulletin service also available www.hse.gov.uk/reach

E-mail: Helpdesk The contact details for the Environment Agency – Chemicals Restrictions Compliance Team are: E-mail: chemicalrestrictions@environment-agency.gov.uk