REACH - Enforcement Project to Improve Compliance with the Obligations of Substances in Articles
On November 2, 2017 ECHA presented a pilot project, which aims to determine the reasons and levels of non-compliance with the notification and communication obligations of substances in articles under REACH.
SAFEGUARDS | Consumer Products NO. 182/17
In a webinar on November 2, 2017, the ECHA presented  a new pilot project, which started in October 2017 and aims to determine the reasons for and levels of non-compliance with REACH’s notification and communication obligations for substances in articles. It is hoped that the project will raise awareness of these obligations among distributors, producers and importers of consumer articles.
The pilot project has been launched in response to the low level of notifications made to ECHA, as well as to reports from national enforcement authorities and NGOs, indicating that the consumer products industries are slow to meet their REACH obligations concerning the Candidate List’s Substances of Very High Concern (SVHC).
The project’s scope covers:
- Checking the compliance of producers, importers and suppliers of articles with their notification and communication obligations (Articles 7 and 33 of the REACH Regulation)
- Raising awareness, improving the understanding of legal obligations and raise the overall level of compliance among those to which the SVHC requirements apply
- Creating a more accurate estimate of the current levels of compliance
- Identifying the reasons behind non-compliance instances, to be able to determine whether further action from the part of ECHA, the Commission or Member States authorities is required
- Gathering experience and identifying enforcement methods that could potentially work on a larger scale in the future
The operational phase of the project, which consists of on-site or desktop inspections, questionnaires, sample taking and chemical analyses, started in October 2017 and is scheduled to last until June 2018. A final report on the project’s results is expected in November 2018.
The target groups for this pilot project are producers, importers and distributors (including e-commerce) of articles that are likely to contain SVHC to which consumers might be exposed, such as consumer and electrical products, building materials and interior articles.
SVHC that will be targeted as part of the project include:
- Brominated flame retardants
- Phosphorous flame retardants
- Short-chain chloroparaffins
- Aprotic polar solvents
- Perfluorinated substances
- Phenolic benzotriazoles
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