Enforcement

REACH requires each Member State to implement an enforcement regime which provides for effective, proportionate and dissuasive penalties for non-compliance.  This must be in place by 1 December 2008.

In the UK, Defra has the policy lead on REACH and is developing the enforcement arrangements, acting with the Department for Business, Enterprise and Regulatory Reform (BERR) and the Devolved Administrations for Scotland, Wales and Northern Ireland. 
Defra produced an initial consultation document in Spring 2007 which established the broad principles on which to base the UK enforcement regime.  Defra is currently running a second consultation, this time on the details of the enforcement regime, and you can find more information on the Defra website.  Four documents make up the consultation:

• Consultation document [PDF 340 KB]
• The draft REACH Enforcement Regulations 2008 [PDF 450 KB]
• The draft Memorandum of Understanding on REACH enforcement, between the various REACH enforcing authorities [PDF 260 KB]
• An impact assessment looking at the costs of REACH enforcement [PDF 200 KB]

The consultation identifies three broad areas for REACH compliance:

• compliance with registration related duties - it is proposed that HSE, in its capacity as UK REACH CA, will enforce those parts of REACH concerning registration;
• compliance with supply-chain related duties - it is proposed that HSE and HSENI in Northern Ireland will enforce supply chain issues up until the point of retail sale, and thereafter Local Authority Trading Standards Departments; and
• compliance with use related duties - for which a range of enforcing authorities will be responsible, using the existing UK enforcement regime and enforcing authorities for health, safety and environmental legislation.

The consultation also sets out the proposed powers the enforcing authorities would be given to enforce REACH, as well as specifying the offences and penalties for non-compliance.

The consultation closes on 25 August 2008 and Defra will publish a summary report in November.