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Consultation launched over UK enforcement of REACH.....
Consultation launched over UK enforcement of REACH chemicals regulation
A consultation looking at proposals for enforcement of the Registration, Evaluation and Authorisation of Chemicals (REACH) Regulations in the UK has been published.
REACH was agreed by the European Parliament and the Council of Ministers on 18 December 2006. The Regulation will come into force on 1 June this year. It will form the EU's framework legislation for the management, control and use of chemicals, replacing much of the current patchwork of over 40 pieces of legislation.
Under REACH, manufacturers, importers, distributors and professional users who market or use chemicals must ensure that they are registered with the new European Chemicals Agency in Helsinki, which will oversee the operation of the Regulation throughout the EU. This will require information about the characteristics and hazards, if any, associated with a chemical. Those chemicals that pose a serious hazard may be banned (i.e. restricted), or may be used only following the grant of a specific 'authorisation'.
As a European Regulation REACH is part of our law without the need for transposition. However, the Regulation requires that each Member State must set up a system of controls and penalties for breaches of the requirements of the Regulation and take the necessary measures to implement those penalties. Further, Article 126 of the Regulation requires that the penalties that Member States create are “effective, proportionate and dissuasive”.
The UK is required to have an enforcement and penalties regime in place no later than 1 December 2008.
REACH will apply not only to chemicals manufacturers or suppliers, but to any business which uses chemicals – so a wide range of businesses will be affected by the enforcement arrangements proposed.
Defra and the Devolved Administrations are encouraging industry, trade unions, environmental groups, health and safety professionals and others to comment on the proposals for enforcement.
The aim is that REACH should be effectively enforced in ways which minimise the burden for both businesses and for public authorities.
The consultation document considers who should carry out enforcement of the requirements of REACH; the powers they will need (e.g. to obtain information, carry out inspections, collect evidence, issue enforcement notices etc.); and the level and type of penalties for breaches of REACH requirements.
The consultation will be open for twelve weeks with the closing date for responses being 4 June 2007. The Government will then consider the responses received in order to inform the development of the national legislation that will supplement REACH to ensure that it can work as intended.
