First EU coordinated enforcement project on export of hazardous chemicals

ECHA/NR/18/71

13 Member States participated in the Forum pilot project enforcing the Prior Informed Consent (PIC) Regulation. Best practice has been put in place for the future enforcement of duties related to export of hazardous chemicals.

Helsinki, 17 December 2018 – National enforcement authorities from the participating countries completed 296 inspections. The project focused on checking the PIC duties related to the export of chemicals, in particular export notification and provision of safety information to recipients in third countries.

Companies did not notify the export of chemicals in 10 % of cases where an export notification was required.

Inspectors also checked that the required safety information accompanied the exported chemicals in the form of labelling and safety data sheets (SDSs) and that they were packaged in accordance with the requirements. In most cases, the companies were compliant with the duties in this regard.

Customs authorities also participated in this project, as they have an important role in the enforcement of the PIC Regulation.

Enforcement measures were taken to address the non-compliances found during this project. 18 written advices, 13 verbal advices and 12 administrative orders were issued. In 14 cases, criminal complaints were undertaken and in two cases fines were applied.

This project offered national enforcement authorities an important opportunity to gain experience and put best practice in place to help future PIC enforcement actions. Based on the findings of the project, recommendations have been put forward for consideration by the Forum, the European Commission, enforcement authorities and inspectors in Member States and also by customs authorities and industry.
 

Background

The Forum for Exchange of Information on Enforcement (Forum) is a network of authorities responsible for the enforcement of the REACH, CLP, BPR and PIC regulations in the EU, Norway, Iceland and Liechtenstein.