National Inspectorates - Belgium
Belgium has an enforcement structure composed of several federal and regional authorities acting on their own competency. Direct surveillance of compliance and law enforcement is executed by inspection services and legal authorities while indirect enforcement of compliance is executed by permitting authorities.
- Inspection services: organise proactive inspection campaigns and report on non-compliance to the public prosecutor or to an administrative legal authority which can then be followed by legal proceedings, leading eventually to criminal or administrative penalties; sanctions can be imposed to force compliance
- Permitting authorities: these regional authorities can refuse a demand for an operating license or impose special conditions to bring about REACH compliance
Inspectors, when conducting control visits have the power, for example, to force the presentation of information and take samples. When non-compliance is suspected or detected, they can take measures such as giving recommendations or warnings, reporting to judicial authorities, seizing goods, stopping activities, banning imports.
In principle, all the recommendations of ECHA's Forum with regard to harmonized campaigns throughout the EEA are followed in Belgium.
Enforcement authorities, including Customs, liaise via a national forum to maximize the useful effect of enforcement initiatives while minimizing the efforts required from public authorities and from legal persons.
Authorities responsible for REACH enforcement
Federal Public Services
- Health and Environment Inspection - responsible for checking obligations concerning placing on the market including import
- Labour Inspection - responsible for checking obligations concerning manufacture and use focused on worker protection
Environment Inspection / Permitting Authorities - obligations concerning manufacture and use focused on environment protection
A document in English has been prepared jointly by the Belgian authorities and includes information on:
- legal basis for enforcement competencies
- penalties for violations
- formal coordinates of enforcement authorities
- links to websites of different administrations
Authorities responsible for Biocides enforcement