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In 2012, the Netherlands Food and Consumer Product Safety Authority (NVWA)  and ILT performed company-related inspections targeted at substances subject  to prohibition under Annex XVII of the REACH Regulation. NVWA also performed inspections to prevent the occurrence of Substances of Very High Concern (SVHCs) in products.

Inspection result of SVHC and Annex XVII are summarized below.

  • Inspected by NVWA

    Prohibitive provisions

    A selection of samples of products subject to substance restrictions in Annex XVII of REACH was examined for the presence of these substances. This resulted  in 192 relevant product samples being investigated for any of the substances subject to a prohibition, namely nickel, dichloromethane, toluene, azocolourants, benzene, or plasticisers. In the case of toys, irregularities were established due to excessive levels of banned  plasticisers in 37of the 137 product samples (27%). In one product (a cushion cover), the standard for azocolourants in textiles was found to have been exceeded. Five written warnings and 32 fine reports were issued for these irregularities. 

    SVHCs inspected by NVWA

    In the 216 company-related inspections, many of which were performed at importers of articles, 470 product samples were taken. These were inspected for the presence of a particular category of SVHCs, namely phthalates (substances added to plastics to increase their flexibility). In 208 samples (44%), these SVHCs were found to exceed the legal standard of 0.1% by weight.  Above this level, it is obligatory to notify the presence of SVHCs in articles. Companies were not aware of this REACH obligation or were in possession of declarations of compliance with REACH obligations from suppliers based outside the EU that were later found to be incorrect. Enforcement action was initiated in all cases, in most cases by means of a written warning. The articles sampled were extremely varied. They included cords, electronic products, bags, and plastic hoses.

  • Results of inspections by ILT

    ILT inspected a total of 103 companies for compliance with the prohibitions on substances stated in Annex XVII. Number of times action was taken under administrative law and criminal law.
  • Inspections performed by Dutch customs authorities

    In a number of cases, the Dutch customs authorities provided ILT with information on the import and export of substances.  The customs authorities also inspected 336 products at import and - in conjunction with ILT - in free circulation for the high-concern substance cadmium. These inspections revealed excessive levels of cadmium in 26 of the 336 products investigated (i.e. approximately 8%). The customs authorities dealt with these cases under criminal law.

For more information please refer to:Annual report of enforcement of REACH and CLP 2012

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