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

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

3. (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)

4. 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’

5. 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
Statutory instrument to be in place by 1 Dec 2008

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

7. 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”

8. 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’

9. 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

10. 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.

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

12. 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

13. 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?

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

15. E-mail: Helpdesk The contact details for the Environment Agency –
Chemicals Restrictions Compliance Team are: