In the upcoming years (2024-2025), the Forum and BPRS will focus on harmonizing the enforcement of key EU regulations, including REACH, CLP, POPs, PIC, and BPR. While these are the primary areas of concentration, the Forum retains flexibility to address emerging issues or new priorities.
Horizontal Enforcement Priorities
1.Imports and Customs Cooperation:
Prioritizing control of imports and collaboration with customs, driven by alarming non-compliance rates—ranging from 17% to 64%—for various regulations, as highlighted in recent enforcement projects.
Addressing the significant non-compliance (over 75%) in online sales of chemicals, leveraging new legislations to strengthen enforcement measures.
Streamlining enforcement of substances, mixtures, or articles regulated by multiple legislations to enhance efficiency and resource utilization.
Focusing on cross-border cooperation and collaboration with various inspection services to effectively enforce legislation, including initiatives like integrated enforcement.
Specific Enforcement Priorities:
- Regulatory Risk Management Measures:
Emphasizing the enforcement of measures targeting substances of concern, with a focus on improving compliance levels for REACH Restrictions, Authorisation, CLP Harmonised Classification and Labelling, POPs Restrictions, and BPR product authorisation.
2. Information in the Supply Chain:
Prioritizing harmonized enforcement of duties related to information flow in the supply chain, addressing deficiencies in safety data sheets (SDS) and improving compliance.
3. Classification and Labelling:
Addressing the high non-compliance levels in the classification and labelling of mixtures, with a focus on CLP Regulation duties.
4. New Provisions:
Proactively harmonizing enforcement of new provisions that have fully entered into force, such as hazardous mixture notification and new requirements for online sales.
Priorities for ways of working in 2024-2025
The work of the Forum goes beyond coordinating enforcement of specific provisions. In prioritising its work, the Forum will be guided not only by the need to enhance compliance with specific duties (‘enforcement priorities’), but also by a clear preference on how its objectives should be achieved. This includes the preference for practical enforcement through projects and swiftly addressing political and regulatory developments, such as the need to work closely with customs or advise on enforceability of important new restrictions. Therefore, the Forum will also consider the following overarching priorities during the period of this Work Programme.
The Forum has dedicated over 15 years to executing synchronized enforcement projects, aligning control practices, consolidating compliance data, and furnishing guidance for inspectors. These projects, the linchpin of EU enforcement, are instrumental in fortifying and harmonizing regulatory compliance. The Forum and BPRS will persist in prioritizing these projects, adapting to evolving mandates for optimal efficiency. Emphasizing enforceability advice for new restrictions, the Forum draws on its extensive experience evaluating the viability of proposals under REACH. As legislative shifts expand restrictions, the Forum anticipates heightened demand for enforceability advice, necessitating procedural enhancements and resource reinforcement. Augmented collaboration with stakeholders remains integral for sustained compliance improvements, with ongoing efforts to engage through open sessions, workshops, and regular communications via ECHA channels. Acknowledging potential changes in its mandate due to REACH revision, the Forum commits to flexible adaptation, scrutinizing new tasks and opportunities to effectively deliver on evolving priorities and practices.