Arrangements for liaison between UK enforcing authorities

What do the REACH Enforcement Regulations 2008 say?

Close co-operation and co-ordination between enforcing authorities is crucial to the effective enforcement of REACH in the UK. The REACH Enforcement Regulations 2008 require enforcing authorities to co-operate and share information with each other to assist compliance with, and the effective enforcement of, REACH. The Regulations also give enforcing authorities power to agree arrangements with each other to allow the carrying out of an enforcement duty by another authority. This means that there is flexibility for the most suitable enforcing authority to carry out enforcement in any particular case.

The Memorandum of Understanding on REACH enforcement

A Memorandum of Understanding (MoU) on REACH enforcement is nearing completion (a draft version is available on Defra’s website). The MoU details the administrative procedures and working arrangements between enforcing authorities. It contains provisions as to joint working arrangements where enforcement responsibility overlaps, the sharing of information between enforcers, notification of matters of concern regarding dutyholders, and so on.

The REACH Enforcement Liaison Group

To further strengthen co-operation and co-ordination, the MoU sets up a UK REACH Enforcement Liaison Group. This Group is composed of representatives from all UK REACH enforcing authorities and meets at least twice per year. Its functions include:

• carrying out the functions of the MoU, such as sharing information, arranging joint visits, notifying matters of concern, supporting enforcement action etc;
• discussing emerging enforcement issues, grey areas, the interpretation of REACH and so on;
• identifying lessons learnt and best practice;
• proposing amendments to guidance, based on practical experience;
• determining priority substances and/or issues, and proposing and co-ordinating enforcement activity on these where possible.

You can access the agendas and minutes of previous meetings of the Enforcement Liaison Group below:

REACH enforcement strategy and guidance

The REACH Enforcement Liaison Group has agreed a strategy and guidance for REACH enforcement in the UK. This contains guidance for enforcing authorities on REACH enforcement, and sets the strategy for REACH enforcement in the UK. The objective of this strategy is to ensure that high standards of compliance with REACH are achieved and maintained, but in ways which minimise the burden of verifying compliance for both businesses and for public authorities.