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Enforcement

What is the Designated National Authority?

Regulation (EU) 649/2012 requires that Member States designate an Authority to carry out the administrative functions of the regulation; and that has responsibility for controlling imports and exports of chemicals covered by the Regulation; and provide for appropriate sanctions in the event of infringements.

The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 establishes the Health and Safety Executive as the Designated National Authority for Great Britain.

Who enforces PIC in Great Britain?

Enforcement of PIC in Great Britain is carried out jointly by the Health and Safety Executive; HM Revenue and Customs and the UK Border Agency.

What powers do enforcing authorities have?

The Health and Safety at Work etc Act 1974 (1974 c.37 as amended) and the Customs and Excise Management Act 1979 (1979c.2 as amended) provide enforcing authorities with a range of tools to secure compliance with the law and to ensure a proportionate response to criminal offences.

These may include the offer of information; and advice; a warning that duty-holder is failing to comply with the law; and prosecution (or report to the Procurator Fiscal with a view to prosecution in Scotland)

Details of HSE’s approach to enforcement; powers; penalties and offences can found on HSE’s Enforcement Pages

Updated: 2014-03-04