ECHA: One out of three of substances in mixtures was missing a REACH registration
An EU-wide targeted enforcement project checking imported substances found that one out of three of substances in mixtures was missing a REACH registration. In addition, restricted hazardous substances were present in some of the imported consumer products above the allowed limits.
Inspectors in 29 EEA countries performed 2 603 targeted controls to check imports for compliance with the registration, restrictions and authorisation requirements of the EU chemicals legislation REACH.
Enforcement actions and recommendations
Henrik Hedlund, Chair of the Enforcement Forum’s working group, said:
“Many inspections were conducted in cooperation with customs and national enforcement authorities, helping us to develop the most appropriate methods for controlling compliance of imported products with EU chemicals legislation. This will strengthen future controls and make them more efficient.
“Through such coordinated enforcement, we protect health and the environment by preventing non-compliant products from entering the EEA market. This also helps to safeguard the European single market from unfair competition, contributing to a level playing field for companies.”
Results of the project show the importance of a well-informed and well-designed sampling and targeting strategy for performing enforcement activities. The results also show that importers need to become aware of REACH duties before imports take place. They should acquire analytical reports or other evidence proving compliance with REACH. These and other recommendations are available in the report.
Almost all detected non-compliant products checked before the release for free circulation were either not allowed to enter the EEA market or allowed to enter only after corrective measures were taken.
Registration requirements
When checking substances and mixtures for compliance with registration requirements, inspectors found that one out of three of the checked substances in mixtures was missing the required registration. For substances imported on their own, registration was missing in 7% of the cases. These non-compliance rates are higher than what has been detected in past projects.
The Forum found that importers of mixtures containing unregistered substances often did not know what substances they were placing on the market.
Restriction requirements
Inspectors also checked over 1,300 imported mixtures and consumer products for compliance with REACH restriction requirements. They found that 16% contained restricted hazardous substances breaching the conditions of the restriction – for example, the substance was present above the allowed concentration, which entails risk to human health. Most controls were on imported jewellery, checking for the presence of nickel, cadmium and lead, but many controls targeted also toys and textiles. The Forum did not see improvement in jewellery compared to earlier findings. The results show that imported jewellery persistently contains restricted heavy metals, especially nickel.
Enforcement authorities also checked REACH authorisation duties for imported substances of very high concern which are subject to authorisation. Inspectors checked 21 such cases, and authorisation was missing or expired in four cases.
The controls in this project were targeted at products where non-compliance was expected to be found. Therefore, the results do not directly reflect the overall non-compliance rate of products imported to the EEA market.
Background
The aim of this enforcement project was to strengthen REACH controls on imports by developing and applying a systematic use of customs data from import declarations and enhancing cooperation between national REACH enforcement bodies and customs authorities.
ECHA did not collect the information about individual inspected products, as the objective of these projects is to enforce compliance and harmonise controls rather than collect information on individual cases. National enforcement authorities have the full details of inspections completed
European Chemicals Agency
