The Member States authorities are responsible for enforcing REACH through inspections as well as penalties in case of non-compliance. In this framework, several issues are of interest:
Forum for the Exchange of Information on Enforcement ("the Forum")
REACH creates a Forum within the European Chemicals Agency (ECHA) which brings together Member States enforcement authorities in a formal framework.
The Forum coordinates enforcement activities and is required to establish a good cooperation, coordination and exchange of information between the Member States, ECHA and the Commission regarding enforcement. The tasks of the Forum are listed in Art 77.4 of the REACH Regulation [134 KB] .
Among other activities, the Forum develops coordinated enforcement projects and reports the results of them. The first of these enforcement projects was finalised in May 2010. More information on other documents can be found on the Forum web page of ECHA.
Penalties applicable for infringement of the provisions of REACH
Under REACH Regulation (Art 126) [121 KB] , each Member State must determine inter alia the penalties that would apply to the infringement of REACH provisions and must take all measures necessary to ensure that they are implemented. The penalties must be "effective, proportionate and dissuasive". The Member States have to notify their provisions to the European Commission and must also notify any subsequent amendment.
During 2009-2010, the Commission carried out a comparative study of the penalties that were communicated by Member States by the first deadline (December 2008). The "Report on penalties applicable for infringements on the provisions of the REACH Regulation in the Member States" (containing annexes and country fiches) presents the facts of the current situation but does not constitute the view of the European Commission.
REACH enforcement authorities
Member States authorities are responsible for enforcing REACH. Thus, each Member State has already designated the competent authority dealing with REACH enforcement. For more information, please refer to the competent authorities. Some information can also be found on the Forum web page of ECHA.