Catherine Bramaud, scientific advisor at FEBEA, gave an update on the two European regulations, which share the same principle: Member States are responsible for a system of official controls, and introduce the various penalties for non-compliance with these Regulations. The penalties must be “effective, proportionate and dissuasive”. (Articles 125 and 126, in REACH - Articles 46 and 47 in CLP.)
In France, as per the Code of Environment, in its article L-521-12, several authorities have the legal means to perform inspections. In practice, companies mainly see classified installations / Afssaps / Work inspectors, together with DGCCRF and customs officials.
Since 2009 , French Regional Directions (DREALs) have inspected several cosmetics companies. Two main issues have been controlled:
. the REACH registration and pre-registration (the cosmetic sector is not that concerned, being mainly a downstream user.)
- the transmission of safety information linked to handling substances and mixtures, notably via MSDS (Materials Safety Data Sheets )
The speaker gave a recent example, of a cosmetic company that received a letter, as a notice of inspection. This letter asked the company to prepare documents dealing with REACH, and to foresee the presence of the Manager of the site, the REACH manager and any other person (either from the company, or outside consultant) involved in the REACH process.
Preparing the inspection
In practice, it is recommended to prepare the following pieces of information:
• the list of substances manufactured or imported by legal entity (in quantity higher than or equal to a ton/year), as well as the list of dangerous substances or mixtures …
