Enforcement activity

Enforcement result

Penalty

From 2009 to 2011

REF 1 aims at compliance of pre-registration and the delivery of information along supply chain (such as SDS)

Random inspection on 2400 companies from 26 member states, including 1327 manufacturers, 994 importer, 121 OR and 1294 downstream users; 22 % were found incompliant, among whom 11 % had no or incomplete SDS covering 26% substances, 17% had no correct SDS, 4% did (pre-) register correctly and 3% did (pre-) register at all.

The following are penalties taken to 530 incompliant companies and their numbers:

Administrative penalty: 211 cases;

Appeal letter: 132 cases;

Fine: 18 cases;

Criminal lawsuit: 6 cases;

Criticism and education: 5 cases;

Others: (such as written notice to correct or to correct in limited time): 229 cases

From 2011 to 2012

REF 2 aims at compliance of obligations of downstream user, including the quality of SDS of mixture or preparation ( paint, coating, epoxy product)

Around 1200 enforcement activities were carried out in 29 EU member states among which 85% were relative to SMEs. There are 52% companies whose SDS provided were incompliant, 12% who did not fulfill pre-registration obligation and 25% companies did not fulfill the obligation of CLP notification

Enforcement officers had already taken a series of measures including oral warning, administrative penalty and fine