Enforcement of the CLP Regulation
The UK has left the EU, new rules from January 2021
The transition period after Brexit comes to an end this year.
Although the CLP Regulation is directly acting on all EU Member States, Article 43 requires Member States to put in place the necessary arrangements to enforce the Regulation.
The CLP Regulation is enforced by the HSE and local authorities (i.e. trading standards officers). The General Pharmaceutical Council also has very limited enforcement powers, restricted to certain types of premises (pharmacies).
In cases that involve environmental hazards, the Environment Agency and the Scottish Environmental Protection Agency, provide technical and scientific support.
Regulation 18 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 sets out the relevant enforcement powers.
Any enforcement action taken by HSE will be undertaken in accordance with HSE’s Enforcement Policy.