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COMPANY DETAILS

TT Environmental Ltd, Registered in England & Wales no 4273163.

Registered office: North Heights Lodge, Wainstalls. HX2 7TR.

 VAT Reg no 772 8308 09.

    REACH problems - what if you're asked to do something which is illegal under REACH?

This may be more of a problem for distributors/ importers than manufacturers:

  • Don't do it, you will be putting yourself at risk (see below)
  • Quote the penalties to person asking you to do it
  • If you know someone who is able to eg import under an existing pre-registration, pass their details on to the enquirer
Take a look at the HSE website here the relevant extract is:

"What are the penalties for non-compliance?

The REACH Enforcement Regulations 2008 provide that it is an offence for a person to contravene a 'listed REACH provision' (this refers to the REACH requirements listed in the table in Schedule 1 of the Regulations) or to cause or permit another person to do so".

The Enforcement Regulations allow for a breach of a listed REACH provision to be tried summarily (e.g. in Magistrates Courts) or on indictment (e.g. in Crown Courts), and provide that the same potential maximum penalty will apply for each provision, namely up to the maxima permitted under the European Communities Act 1972. These are currently:
  • up to £5,000 fine and/or up to three months imprisonment following summary conviction; and
  • an unlimited fine and/or up to two years imprisonment following conviction on indictment.
The Enforcement Regulations also provide for a number of supplementary criminal offences. These include obstruction of inspectors, providing false statements, failing to comply with enforcement notices, and so on. These supplementary offences are also the subject of criminal penalties which are consistent with those above.

The full text of the regulations can be found here www.opsi.gov.uk.

 

 

 

© TT Environmental Ltd, 2004 - 2009. TT Environmental Ltd, Registered in England & Wales no. 4273163, VAT no. 772 8308 09.
Registered Office: North Heights Lodge, Castle Carr Road, Wainstalls, Halifax, HX2 7TR.

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