Enforcement in practice
Enforcement
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The regulations covering the enforcement of REACH and CLP are set out in Chapter 9 of the Environmental Management Act (Wet Milieubeheer). Supervision and administrative enforcement are dealt with in Chapter 18 of the Environmental Management Act and the General Administrative Law Act (Algemene wet bestuursrecht). Section 18 of the Environmental Management Act states that Chapter 18 of the Act also applies to the REACH and CLP Regulations.
Under the Economic Offences Act (Wet economisch delicten), any infringements of the terms of Chapter 9 of the Environmental Management Act are classified as ‘economic offences' and as such subject to criminal enforcement.
In other words, the provisions of REACH and CLP are liable to enforcement under both criminal and administrative law. Under Section 9.3.3 (5) of the Environmental Management Act, infringements of certain restrictions set out in Annex XVII to REACH (adopted in the Commodities Act (Warenwet) are punishable by administrative fines. These restrictions are listed in the General Chemical Product Safety (Commodities Act) Decree (Warenwetbesluit algemene chemische produktveiligheid).
REACH and CLP are enforced principally in accordance with the terms of administrative law. Administrative enforcement may result in a written warning, an administrative order, an order subject to a penalty for non-compliance and/or an administrative fine. Criminal enforcement of the Regulations may result in the compilation of an official report and prosecution by the Public Prosecution Service.
