The year in review: enforcement special
2025 has been a busy year for enforcement activity, with random and targeted enforcement activities impacting many companies. Authority actions in the past 12 months have included checks on import of substances, mixtures and articles as part of the REF-12 project, audits of chemicals on sites and SDS checks.
The recently published report on the REF-12 project highlighted a number of key compliance problems with registration duties, restrictions and authorisations.
Inspectors checking the registration of imported substances found that the rate of non-compliance was 32% for substances imported in mixtures and 7% for substances imported on their own. While the highest number of non-compliant products came from China, this is unsurprising given that China also accounts for the largest share of imports. However, when looking at non-compliance as a percentage of imports, Türkiye and the UK had the highest rates – something that may come as a surprise considering the close alignment between EU REACH, UK REACH, and Türkiye’s KKDIK. You might expect that companies in these countries would have a better understanding of the requirements!
The non-compliance rate for restricted substances in articles and mixtures was 16%. A large proportion of these related to nickel in jewellery, but inspectors also targeted mixtures such as cleaning products, air fresheners, glues and defrosting fluids. The rate of non-compliance with restrictions for the mixtures checked was 11%. A specific problem identified was that the certificate code Y113, which is used to declare when the product is not subject to restrictions according to REACH was being used incorrectly by the companies.
Sanctions on companies found to be non-compliant ranged from verbal and/or written advice to confiscation of goods by customs, administrative sanctions (fines), and public naming and shaming.
Key recommendations for companies:
- Ensure full awareness of obligations under REACH, including registration, restriction, and authorisation requirements.
- Maintain up-to-date documentary evidence proving compliance.
How to prepare for enforcement checks
Once an enforcement check has been initiated your organisation will normally only have a few weeks to respond, so making sure that all systems are well documented, personnel trained, and paperwork up to date will make timely compliance a lot easier!
Below are some of the key takeaways that our team have noted through our support to clients during 2025 to help you ensure that any checks that you may be subject to in the future are as smooth and stress free as possible.
Know who may be carrying out checks
Enforcement checks may take place at a national level, but in some European countries, such as Germany, checks also take place at regional level. Ensuring that you understand who may be carrying out enforcement checks on your products and in your markets can help you to recognise genuine enforcement requests and respond quickly and appropriately.
The REF-12 project also made systematic use of customs data, and involved cooperation between national enforcement authorities and customs authorities. The success of this approach is likely to result in a greater level of checks at borders in future.
Personnel changes
Remember that simply explaining that someone is new in the role isn’t sufficient response to an issue – there must be processes to support that person.
- If personnel have changed in your organisation, do the newly appointed persons understand their responsibilities and have they received and documented the necessary training?
- Is there clear documentation to help them respond to enforcement checks, as well as the day-to-day compliance questions?
Tonnage monitoring
This is an ongoing requirement of the REACH regulation that is often overlooked. This information should be kept up-to-date and frequently monitored, particularly if there is a chance that you may exceed the tonnage band that you have registered your substance at, or if you may reach registration thresholds [pun intended!]. Don’t forget that monitoring tonnage can also save your organisation money if you no longer need a registration.
- Do you have accurate information on the volumes of substances being imported?
- If you import mixtures, have you calculated the total volume of each substance imported across all mixtures?
Only Representative documentation
If you are a non-EU or non-UK company using an Only Representative, are all contracts, appointment letters and downstream user letters up-to-date and, most importantly, signed?
Our experienced team have seen many cases of ‘silent clients’ who appoint an OR and then fail to stay in regular contact. This can lead to serious issues. A 6-monthly check-in with your appointed OR along with annual tonnage reporting should be a minimum requirement.
Safety Data Sheets
The documents you supply externally are an easy route for both customers and regulators to spot non-compliances and may be checked at borders during shipment.
- Are your SDS regularly reviewed and are they relevant to the known uses of your product?
- Are your SDS suitable for the country in which the product will be shipped / used? Does the content of your SDS match with the information on product labels?
- Do you have up-to-date copies of SDS for all chemicals used on your site – not just the products that you produce but also things like process aids and even the toilet cleaner for the staff cloakrooms?
- Do the personnel who need to use them have the right level of training to understand the contents and applicable actions?
- Where relevant, are COSHH assessments or similar, up to date and easily accessible?
- Are the emergency response contact details on your SDS up to date? Authorities may call the number to check.
Safety Data Sheets (SDS): global compliance starts hereA high-quality SDS is more than just a regulatory requirement, it is the cornerstone of chemical safety and compliance. |
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Compliance with National Regulations
Do you fully understand the extra national requirements beyond EU-wide regulations? If your products are shipped beyond EU borders, have you considered whether there are requirements in the destination country (including UK regulations)?
Have you checked whether your SDS and Poison Centre Notifications meet both EU and member-state obligations?
What to look out for in 2026
Whilst enforcement checks may cover any topic at any time, the European regulators do provide useful insights into what types of activities they will be particularly looking into through the planned REACH Enforcement Forum projects. Planned projects that are still being completed, or getting underway in 2026 include:
- REF 13 - Enforcement of chemical products sold online
- REF14 - Classification and labelling of hazardous mixtures in products including nicotine products and air fresheners
- BEF-3- Controlling the Summary of Product Characteristics and elements of the Safety Data Sheet
- Further targeted checks by national authorities of imported mixtures and products that may contain restricted substances are also anticipated following the success of the REF-12 project.
Support for your business
Ricardo can help companies stay ahead of enforcement risks by providing expert guidance on REACH, UK REACH, and KKDIK compliance. Our team supports clients with proactive audits, tonnage monitoring, and SDS reviews to ensure documentation is accurate and up to date. We also offer training for personnel, Only Representative management, and tailored compliance strategies to prepare for enforcement checks therefore minimising the risk of costly sanctions and reputational damage.
