Online sales: the next harmonised enforcement project for chemicals

The European Chemicals Agency’s (ECHA) enforcement Forum has agreed on the specific scope of the next harmonised enforcement project (REF-13) targeting online sales.

Due to start in 2025, inspectors are due to check products sold online as to whether they:

• Contain substances restricted for use under the REACH regulations.
• Contain substances restricted for use under POPs regulations.

Inspectors will also be checking that:

• Mixtures are classified, labelled, and packaged in line with the Classification, Labelling and Packaging (CLP) Regulation
• Verifying the related information is provided online. 
• Checks may also address compliance with restrictions defined in the Restriction of Hazardous Substances in Electrical and Electronic Equipment (RoHS) Directive. 

Previous enforcement projects (e.g. REF-8) have shown a very poor level of compliance with REACH and CLP for products sold online. Amongst the recommendations from this earlier project was advice to companies to improve awareness of REACH Restrictions, especially for substances such as CMRs (carcinogens, mutagens, reproductive toxins) intended for professional users and that should not be sold to the general public. Ensuring that you keep up to date with changes in classifications for your raw materials and products, and update your labels and SDS accordingly is a key step in meeting these obligations.

What are the penalties of non-compliance?

Failure to comply with the provisions of REACH and CLP can result in enforcement action from Member State enforcement authorities ranging from advice through prohibition of product from the market to fines and even criminal prosecution. More serious offenders may be identified publicly by authorities leading to reputational damage and loss of business. 

How can Ricardo help?

Act now to ensure your products are compliant, ready for any future inspections. Our SDS authoring team can check your SDS and labels for compliance with REACH and CLP and advise on any corrective measures needed. If necessary, we can author up-to-date, compliant SDS and labels and provide translations into all EU official languages.

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