Document qXEz6ppY7vnmEyrMr4aby22M

Ares(2023)812233 REACH revision - establishment of a European Audit Capacity 6 April 2022. DG ENV. Unit B2 Chemicals Strategy for Sustainability (CSS) Zero tolerance approach to non-compliance The CSS includes an action to: "propose to entrust the Commission with the duty to carry out audits in Member States, where relevant, to ensure compliance and enforcement of chemicals legislation, in particular REACH" (Section 2.3.2. A zero tolerance approach to noncompliance) The Action Plan laid down in the Annex to the CSS specifies among its measures: "Proposal to amend REACH to introduce a European Audit Capacity" Objective of this action: Improving compliance and enforcement of chemical legislation by strengthening the effectiveness of national control systems throughout the EU Audits to verify the functioning of MSs official controls systems: identifying potential weaknesses their possible causes so that corrective action is taken Intended role is mainly `control of controller', i.e.: to verify effectiveness of MSs control systems for the purpose of REACH, not to directly control specific operators Standards for uniform assessment Study by Milieu ongoing to assist the Commission: in identifying possible options for establishing a European Audit Capacity in identifying criteria/standards relevant for the effectiveness of Member States control systems that could be evaluated by that Audit Capacity The study shall also assess the possible extension of the above actions for the purpose of the CLP, POPs and PIC Regulations. Consultations Experts from Member States: FORUM CARACAL, PIC DNAs and POPs competent authorities Experts from the Commission Public consultation within the Study for the Impact Assessment ONGOING In parallel, the Europan Audit Capacity is also part of the follow up discussions (at sherpa level) on the High Level Roundtable's joint report on enforcement (adopted in Nov 2021) Preliminary results of the study Source: Milieu presentation to Forum Preliminary results of the study Source: Milieu presentation to Forum Preliminary results of the study List of criteria relevant for MSs control systems Takes into account those existing in other areas of legislation, including Market Surveillance Regulation and guidance from Forum Criteria concerning: the competent authorities (e.g. designation, lack of conflict of interest or coordination) organisation of controls (e.g. risk based planning) Implementation of controls (e.g. following documented procedures, reporting, follow up) evaluation of the control system (e.g. control verification procedures, internal evaluation, horizontal analysis) Options: to lay down criteria as binding in the legislation or as guidance REACH revision Results of the study should inform the Overall Impact Assessment for the Revision of the REACH Regulation Thank you European Union 2020 Unless otherwise noted the reuse of this presentation is authorised under the CC BY 4.0 license. For any use or reproduction of elements that are not owned by the EU, permission may need to be sought directly from the respective right holders. Slides 6 and 7: source: Milieu consulting