▪︎ Restrictions, CLP
(More) Intensive Monitoring: Planned Enforcement Projects to Ensure Compliance with Existing Chemical Regulations
At the ECHA Enforcement Forum meeting in late May, future activities for monitoring hazardous substances in products were coordinated, and a new tool—the „Rapid Enforcement Initiative“—was established. As part of EU-wide projects, intensive inspections will be conducted to verify whether companies are correctly classifying and labeling products and complying with existing restrictions.
Focus on Compliance with Substance Restrictions
The upcoming enforcement project REF-16 will focus on verifying whether products and mixtures meet the requirements of European chemicals legislation. Inspectors will in particular check whether hazardous substances contained in products comply with the permitted limit values. Special attention will be paid to products distributed via online platforms, as non-compliance has been identified more frequently in this area in the past. In addition, it is planned to leverage the findings with regard to regulatory requirements under the Digital Services Act. Inspections are scheduled for 2028, and the final report is expected in 2029.
Introduction of a Pilot Project and a New Monitoring Instrument
In addition to the main project, the Enforcement Forum has adopted further initiatives. A pilot project will focus on the inspection of tattoo inks and permanent make-up. Both compliance with substance restrictions and correct labeling will be assessed. Deficiencies have repeatedly been identified in this area in the past, resulting in an increased need for controls. The investigations are planned to start as early as next year, with the report to follow one year later.
Furthermore, a new instrument, the “Rapid Enforcement Initiative” (REI-1), has been introduced to enable an immediate response to detected cases of non-compliance. The objective is to ensure that companies update their registration dossiers more quickly than before if these dossiers do not reflect harmonized classifications and labeling. To this end, national authorities should be able to take targeted and rapid follow-up actions in response to infringements identified by ECHA.
Cross-Border Market Surveillance of Biocidal Products
The Biocides Subgroup of the Enforcement Forum has placed a focus on biocidal products such as wood preservatives, rodenticides, or insecticides and their cross-border distribution under project BEF-4. In this context, online offers in particular will be reviewed. The key focus will be on whether the products offered are properly authorized and contain only approved active substances. At the same time, cooperation between national authorities will be strengthened in order to pursue violations more effectively, especially where products are marketed in Member States without authorization. Inspections are scheduled for 2028, with evaluation expected in 2029.
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