Presentation on theme: "Enforcement of REACH in the UK Richard Hawkins Environment Agency"— Presentation transcript:
1Enforcement of REACH in the UK Richard Hawkins Environment Agency UK REACH Competent Authority
2Environment Agency - role within the REACH CA Chemical Assessment Unit – WallingfordChemical Restrictions Compliance Team – Sheffield
3(First Defra consultation document) Enforcement of REACH in the UK“The Government’s aim is that REACH should be effectively enforced, but in ways which minimise the burden of checking compliance for both businesses and for public authorities”(First Defra consultation document)
4REACH requirements as regards enforcement regime in place by 1 December 2008‘effective, proportionate and dissuasive’ penalties for non-compliancereporting back to the Commission‘the Forum’
5Developing an enforcement regime First Defra consultation Spring 2007‘Best fit’ approach, based on current:legislationenforcing bodies; and theirresponsibilitiesSecond Defra consultation Summer 2008Statutory instrument to be in place by 1 Dec 2008
7Co-ordination of enforcement Co-ordination across the European Union- the Forum- reporting back to the CommissionCo-ordination in the UK:- Memorandum of Understanding- Enforcement Liaison Group“level playing field”
8Powers, offences and penalties Powers: similar to those under existing health & safety, environment, and consumer protection legislationOffences: failure to comply with a duty under REACH will be a criminal offencePenalties: ‘effective, proportionate and dissuasive’
9Enforcement strategyeducation, help and promotion = increased levels of compliancerange of interventions (proactive and reactive) backed up by formal enforcement where appropriatefocus on enforcement of those duties in REACH needed to ensure the Regulation operates effectively
10Enforcement - Approach Protective of human health & environment whilst limiting burden on industry.Risk-based, targeted.Regulatory action only when necessary.In line with Cabinet Office guidelines.Similar model proposed for Marketing and Use Regulations.
11Make Information Available Enforcement - ApproachDetermine SubstanceFollow up InspectionsGather IntelligenceMake Information AvailableAssess ComplianceSeek Engagement
12REACH and existing legislation Enforcement where REACH and other legislation governing the use of chemicals applies:REACH applies ‘without prejudice’ to existing Community workplace and environmental protection legislationWhere standards differ, compliance must be achieved with the more stringent (not either/or)Examples – COSHH, PPC etc
13Have your say …Second consultation underway now:Do you have any comments relating to the proposed enforcing authorities?Do you believe that all appropriate REACH provisions have been included for enforcement in the UK?Do you agree with the proposed powers and penalties?Do you agree with the arrangements as set out in the Memorandum of Understanding?
14www.hse.gov.uk/reach Helpdesk The contact details for the UK CA Helpdesk are:Telephone:Post: UK REACH CA Helpdesk2.3 Redgrave Court, BootleMerseyside, L20 7HSFree e-bulletin service also available
15E-mail: Helpdesk The contact details for the Environment Agency – Chemicals Restrictions Compliance Team are: