First of all: The "Forum for Exchange of Information on Enforcement" (Forum) is a network of authorities responsible for the enforcement of the REACH, CLP, Biocidal Products and PIC Regulations in the EU as well as in Norway, Iceland and Liechtenstein. In enforcement projects, individual aspects of the above-mentioned regulations are checked in practice on the market. The results are summarized in reports.
Imports move into focus
The next REACH-EN-FORCE-12 (REF) project was announced in November 2022. The forum will review the import of substances, mixtures and articles in conjunction with the priorities of the European Chemicals Strategy for Sustainability (CSS) over the course of 2024. The results will be published in a report at the end of 2025.
The project resulted from a non-compliance rate of 23% of imports identified in a pilot project in cooperation with customs authorities. The most effective approach is considered to be verification upon import. For this reason, the Forum is strengthening its cooperation with REACH inspectors and customs authorities. By intensifying import controls, REF-12 should also help to achieve the goals of the chemicals strategy for sustainability. In the CSS, the import of substances, mixtures and articles was defined as an area with an increased need for control.
The follow-up of the projects usually consists of results and recommendations addressed to the respective economic operators. The gaps identified by REF-12 will be addressed by workshops and further measures as required, which will take place in 2026.
Consumer products such as toys, chargers and cables are particularly affected
In 2022, an EU-wide monitoring project found significantly increased concentrations of regulated substances such as lead and phthalates in consumer products. The report was published at the end of 2023. Over 2,400 products were tested, 400 of which violated European chemicals legislation. The project focused on restrictions from the REACH and POP regulations as well as the RoHS and Toys Directives. Most violations were found in the following product groups.
Electrical devices (toys, chargers, cables): 52%
- Lead in solders
- Phthalates in soft plastic parts
- Cadmium in printed circuit boards
Sports equipment (yoga mats, cycling gloves, balls or rubber grips): 18%
- Short-chain chlorinated kerosenes (SCCPs) and phthalates in soft plastic parts
- Polycyclic aromatized hydrocarbons (PAHs) in rubber
Toys (bath/water toys, dolls, costumes, play mats, plastic parts in various toys, childcare articles): 16%
- Phthalates in soft plastic parts
- Other restricted substances such as PAHs, nickel, boron or nitrosamines
Fashion products (bags, jewelry, belts, clothing and shoes): 15%
- Phthalates, lead and cadmium
Most non-compliant products had to be withdrawn from the market and some had to be recalled. Depending on national legislation, sanctions such as fines were also imposed. In addition, some products and their risks were published on the EU's Safety Gate page. The non-compliance rate was higher for products that were imported into the EU or whose origin was unknown.
ECHA recommends building up knowledge of the legal requirements and materials used in one's own products in order to be able to pursue a risk-based approach to material compliance. In addition, the trustworthiness of suppliers or manufacturers must be ensured, especially for imported products, as this is where most violations have been identified and REF-12 now also focuses specifically on imports. For a risk-based approach, similar products can be searched for on the Safety Gate page to identify critical factors. In the second half of 2024, there will be a workshop with stakeholders on hazardous substances in consumer products to discuss the findings and recommendations.
You can also read more valuable tips on material compliance in business practice here.
Author
Linda Kritzler (B. A.)
Material & Environmental Compliance Consultant
