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Enforcement project on substances in articles launched in 2017

16 November 2015

The ECHA Forum for Exchange of Information on Enforcement have announced that they have planned a pilot project for 2017 which will focus on enforcing the provisions for substances in articles in REACH.

This decision has been prompted by the recent ruling of the EU Court of Justice clarifying the obligations under Articles 7(2) and 33 of REACH. The Court ruled that the 0.1% (w/w) threshold referred to in these articles applies to each component of a complex product rather than the entire product.

Further to the Court ruling, ECHA is also planning a ‘fast track’ revision of the guidance on substances in particles, followed by a comprehensive revision conducted through the usual process. This should be completed prior to the commencement of the pilot project.

The Forum has also confirmed that the fifth coordinated REACH enforcement project (REACH-EN-FORCE-5) will focus on obligations related to extended safety data sheets (eSDSs), exposure scenarios, risk management measures and operational conditions, and will also be conducted in 2017.

The project will address the whole supply chain, from first-level suppliers (e.g. manufacturers and importers) and actors in the supply chain (e.g. distributors) and actual users (e.g. formulators or end users). ECHA have confirmed that enforcement of extended safety data sheets will be a focus for enforcement trainers to ensure that inspectors are fully prepared for the project.

If you are unsure about your obligations regarding SVHCs or would like assistance with any aspect of REACH to ensure you are well prepared for enforcement, contact ReFaC now.

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