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Analysis of Enforcement According to REACH

image of Analysis of Enforcement According to REACH

The European Commission launched on 29 October 2003 its proposal for a new chemical legislation con-cerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). In August 2004 the Nordic Council of Ministers granted funds to the Nordic Chemicals Group to start a joint Nordic project on "Analysis of the enforcement according to REACH". The objective of the project was to examine, from an enforcement perspective, the main titles (registration, evaluation, authorisation and restrictions) of the Commissions REACH proposal of October 2003 and result in proposals and viewpoints on enforceability of REACH and how REACH will affect today's enforcement including new demands on enforcements authorities, enforcement methods and cooperation between en-forcement authorities and Member States. In brief, REACH means new challenges for enforcement in the Member States. These exercises are compiled and discussed in this report with proposals for further work.

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Background

REACH – a new Regulation was proposed by the Commission on 29 October 2003 (COM (2003) 644 Final). This new Regulation will replace about 40 existing Directives and Regulations on chemicals, in one single Regulation. The proposed Regulation contains rules about chemical substances on their own, in preparations and in articles. To adequately control the risks arising from the manufacture, import, placing on the market and use of substances, the REACH proposal reverses the burden of proof from authorities to industry for information on chemical substances and using this information to assess the safety of chemicals and select appropriate risk management measures. To reflect this the proposed Regulation states in Article 1 that it is based on the principle that it is up to manufacturers, importers and downstream users of substances to ensure that they manufacture, place on the market or import or use such substances in a way that does not adversely affect human health or the environment.

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