REACH controls: Customs called for reinforcement

Since its inception, the effectiveness of the REACH regulation on chemicals manufactured, used, imported and/or integrated into articles has been based on market control, and in particular on the final consumer.

Today, the European Commission is consideringinvolve the Community customs administrationin the REACH conformity check based on the following principles:

• The customs administration is responsible for the legal conformity of products entering European territory.
• REACH is a European Regulation and consumer protection.
• The Union Customs Code (CDU) gives the power to the customs authorities prohibit, restrict, collect, and/or control products that they consider to be at risk to health or the environment.
• The definition of placing on the market (REACH) or market introduction (customs) is common.

It lays down a first framework for cooperation between customs authorities and REACH competent authorities which would:

• □ require documents or information at the time of clearance of products such as proof of registrations, authorisations, notifications or safety data sheets.
• Block or seize substances or articles containing non-compliant substances (concentration rate, type of use, end-user...).

It envisages two forms of regulation:

1. Engage ECHA to produce recommendations and guidelines as well as training modules for customs administration in pilot projects.
2. Create a regulation to be included in the Union Customs Code (CDU) which would give each Member State the hand to decide the scope of action and cooperation of the respective REACH and Customs authorities.