Frequently asked questions

1. Who is responsible for enforcing REACH and CLP in the Netherlands?
REACH and CLP are enforced by a joint team representing three different inspectorates, that is the Inspectorate for Housing, Spatial Planning and the Environment, the new Food and Consumer Product Safety Authority and the Labour Inspectorate. The department for the State Supervision of Mines (which monitors compliance with REACH and CLP on the continental shelf) is also involved, as is the Customs Administration (which performs import inspections). Where appropriate, the inspectorates share information with the Transport, Public Works and Water Management Inspectorate.

2. Why is it that the Inspectorate for Housing, Spatial Planning and the Environment, the new Food and Consumer Product Safety Authority and the Labour Inspectorate all work together, but don't actually perform any joint inspections?
In order to minimise the amount of inconvenience caused, it has been agreed, in accordance with the principles of uniform supervision and comprehensive enforcement throughout the production and supply chain, that each inspectorate should monitor and enforce all aspects of REACH and CLP among their specific target groups. The aspects concerned are environmental safety, consumer safety and safety at work. This is why the authorities have decided to adopt a system of ‘one-stop' supervision, which means that one specific inspectorate has been designated as the principal contact and enforcement agency for each target group. The inspectorates share information on the results of their inspections, thereby improving the quality of their supervision work. See Publications for more information on the enforcement strategy.

3. Why not combine REACH and CLP inspections with other environmental inspections, such as those performed in connection with the Major Accidents (Risks) Decree (that is resulting in a single report produced by one and the same inspectorate)?
Three inspectorates are jointly responsible for the enforcement and supervision of compliance with REACH and CLP. These are the Inspectorate for Housing, Spatial Planning and the Environment, the new Food and Consumer Product Safety Authority and the Labour Inspectorate. In other words, they share a combined responsibility. Other inspections of environmental safety, e.g. those performed to monitor compliance with the Major Accidents (Risks) Decree (BRZO) and the Water Act (Waterwet), are not performed by the same combined team of inspectors as their purpose is not the same.

The competent authorities in relation to the Major Accidents (Risks) Decree and the Water Act are the provincial councils, the municipal authorities and the district water boards. There is a degree of coordination, however, in relation to the timing of inspections. Under chapter 18 of the Environmental Management Act, the competent regional authorities are required to supervise compliance with REACH and CLP. The inspectorates and regional authorities are planning to make more detailed arrangements about this in the future.

4. What legislation has been passed in the Netherlands to adopt REACH and CLP?
As EU Regulations, REACH and CLP both take immediate effect in the EU member states. In other words, they do not first need to be implemented in domestic legislation. Nonetheless, the domestic legislation in the Netherlands has been adapted to take account of REACH, and certain implementing regulations have been drawn up. These are set out in Chapter 9 of the Environmental Management Act. The majority of these regulations are concerned with the criminal enforcement of REACH and CLP; they also lay down certain rules about the way in which compliance with the two Regulations should be supervised. Finally, they contain rules on the enforcement of the Regulations under administrative law and set out the legal basis for the formulation of any supplementary rules that might be needed to enforce them.

5. How are REACH and CLP enforced in the Netherlands?
There are two routes for enforcing REACH and CLP in the Netherlands: one is based on administrative law and the other on criminal law. Under sections 18.2 (1a) and 18.2b (1 and 2) of the Environmental Management Act, ‘Our Minister' is responsible for the administrative enforcement of Division 9.2 of the Environmental Management Act, REACH and CLP. He or she is required to undertake the administrative enforcement of parts 9.1 to 9.4 of the Environmental Management Act. In the case of both REACH and CLP, ‘Our Minister' is the Minister of Housing, Spatial Planning and the Environment, the Minister of Health, Welfare and Sport and the Minister of Social Affairs and Employment.

6. What penalties are incurred by those infringing REACH and CLP?
Under section 1a (1 and 2) of the Economic Offences Act, any infringement of the provisions set out in parts 9.2, 9.3 and 17.6 of the Environmental Management Act is regarded as constituting an economic offence. Such infringements are classified as offences or crimes if they are committed intentionally (see section 2 of the Economic Offences Act). Special investigating officers are empowered to investigate such infringements and compile official reports on them. The sanctions that may be imposed on those infringing REACH and CLP are set out in sections 9.3.3 (1 and 2) and 9.3.3a (1 and 2) of the Environmental Management Act. Sections 9.3.3 (1) and 9.3.3a (1) cover ‘serious' offences, whilst sections 9.3.3 (2) and 9.3.3a (2) relate to ‘minor' offences. Any contravention of these sections is treated as an environmental offence under the Economic Offences Act. For further information, see the section on ‘the enforcement of infringements'.

7. What instruments can the authorities use in enforcing REACH and CLP?
A written warning is issued where the person or company committing the infringement is at fault and/or where they have committed a serious infringement. A written warning is a letter in which the offender is notified that an infringement has been found to have been committed, and giving them an opportunity to rectify the situation. If a further inspection reveals that the situation has not been rectified, action will be taken, under either administrative or criminal law, depending on the situation. Which instrument is used for this purpose depends on the gravity of the infringement, as defined by the Environmental Management Act (see sections referred to above).

8. What exactly are ‘sanctions under administrative law'?
There are two types of ‘sanction under administrative law', or ‘administrative sanction', that is an administrative order and an order subject to a penalty for non-compliance. Under an administrative order, the offender is obliged, at its own expense, to rectify, cease doing or restore to its former state whatever has been done in breach of the regulations or, as the case may be, to do whatever has not been done in breach of the regulations. An order subject to a penalty for non-compliance has the same effect as an administrative order, except that the offender is obliged to pay a sum of money if it refuses to rectify the situation and/or its consequences.