Što nam donose reach i clp uredbe ?! Marijana Marinović, diplg.univ.spec.oecol.
Member States Reporting under REACH art. 117 / CLP...
Transcript of Member States Reporting under REACH art. 117 / CLP...
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Case Id: 3aadf3db-847b-4dc9-bfdc-425e58874222Date: 01/06/2015 10:04:46
Member States Reporting under REACH art. 117 / CLPart.46
Fields marked with * are mandatory.
General Information
Please note that depending on what your answers are throughout the questionnaire, hiddenquestions may show up, so please disregard the numbering in case it does not follow a logicorder.
A glossary is available in the section 'background document'.
*1.Which Member State are you reporting for?
Austria
*2. Primary contact person's name
Wimmer Martin
*3. Please provide an email address for the primary contact person
Theme 1 - Information on the Competent Authority
*
*
*
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4. Please explain how Competent Authorities are organised for the operation of REACH in yourcountry? (Please note that this Section does not include information on enforcement authoritiesthat will be covered under Theme 9 on enforcement)
Based on the Chemicals Law (Chemikaliengesetz 1996, FLG No 53/1997 last
amendment by FLG No I 14/2015), the BMLFUW (Bundesministerium für Land-
und Forstwirtschaft, Umwelt und Wasserwirtschaft) is the competent
authority for REACH and CLP. The Division V/5 (Chemicals Policy and
Biocides) is responsible for the administrative management of this
responsibility. This includes regular meetings with other ministerial
bodies, enforcement bodies, institutions, industry representatives and
stakeholders which are concerned with chemical´s management (Austrian
REACH platform) to inform about recent developments, discuss important
issues and identify the major concerns.
In its management obligations the Division V/5 is supported by the
Umweltbundesamt GmbH as mandated institution.
*5. How many Competent Authorities are responsible for REACH?
A description of each Competent Authority will be asked in the following sections. Similar series of questions
corresponding to the number of Competent Authorities you enter will appear below.
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One / First Competent Authority Responsible for REACH
*6. What is the name of the Competent Authority?
BMLFUW ((Bundesministerium für Land- und Forstwirtschaft, Umwelt und
Wasserwirtschaft)
*7. What is the address of the Competent Authority?
Stubenring 1, A-1010 Wien AT (BMLFUW), Stubenbastei 5, A-1010 Wien
(Division V/5) Wien, AT
*8. What is the email address of the Competent Authority?
*9. What is the telephone number of the Competent Authority?
0043-1-51522-0
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*
*
*
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*10. What part of REACH does this part of the Competent Authority deal with?Please choose one or more answers.
AllEvaluationRisk AssessmentHelpdeskAuthorisationRestrictionRegistrationOther
*11. From what part of Government does this part of the Competent Authority have authorityfrom?Please choose one or more answers.
EnvironmentOccupational Health and SafetyPublic HealthConsumer ProtectionEconomy/IndustryOther
*12. Please specify the number of staff of the Competent Authority working on the implementationof REACH:
20
Note: this includes also the staff of the Umweltbundesamt GmbH
*
*
*
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*13. Do you have specialised staff in the following categories? Please quantify these skills in FTE(Full Time Equivalent).
For a definition of Full Time Equivalent, please refer to the glossary.
Number of FTE
Toxicologist 3,8
Ecotoxicologist 2,4Chemist 2,0
Exposure Assessor 1,4Risk Assessor 0,8
Risk manager 2,8
Economist 1
IT 1,6
Communication 1,2
Other 2,0
*14. Is the level of expertise of the Competent Authority adequate to deal with all requirementsunder REACH?
Yes
*15. Are the staff of the REACH Competent Authority involved in other chemical legislation?
YesNo
*
*
*
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*16. What other chemical legislation are the staff of the REACH Competent Authority involved in?
Please choose one or more answers.
PIC RegulationFood legislationWorkers Protection legislationCosmeticsMedical devicesBiocidesCLPPesticidesPOPsOther
*If Other, please list the different legislations here:
It should be noted here that the figures for FTE mentioned under
question 13 refer to the tasks relating to REACH and CLP. Ressources for
the other tasks dealt with by the BMLFUW are not included in the figures
under question 13
*17. Are there any other institutions (agency, institute, regional authorities) that the CompetentAuthority works with in relation to REACH issues?
YesNo
*If Yes, please list the other institutions that the Competent Authority works with:
The BMLFUW cooperates with ministries responsible for occupational
health and consumer protection (BMASK), health (BMG), economy (BMWFW)
and different institutions which are related to these tasks. The
Umweltbundesamt GmbH supports the BMLFUW as mandated institution for
REACH.
*18. Does the Competent Authority outsource any of its work?
YesNo
*
*
*
*
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*If yes, please provide details on who the Competent Authority outsources parts of its work to:
Currently one Austrian expert in the RAC works on the basis of a
contract with the BMLFUW.
*And on what type of expertise is outsourced:
Toxicology, Risk Assessment, Exposure, is specially with respect to
occupational health.
*19. Does the Competent Authority have appropriate financial resources?
1 = Very low (not appropriate at all); 2 = Low (of some relevance but not of any great significance); 3 = Medium
(reasonably appropriate); 4 = High (highly appropriate); 5 = Very high (completely appropriate)
12345
*20. Does the Competent Authority have appropriate technical resources (understood in terms ofexpertise, skills and competences of the staff)?
12345
*21. Does the Competent Authority have appropriate human resources (understood in terms ofnumber of staff)?
12345
*
*
*
*
*
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22. Space is available below to provide further comments on the resourcing of the CompetentAuthority.
Theme 2: Information on cooperation and communication with otherMember States, the European Chemicals Agency (ECHA) and theCommission
*23. How could the communication and collaboration for REACH between Member States beimproved?
1800 character(s) maximum
In general we feel that the cooperation between MS works quite well.
*24. How could the collaboration with other agencies in your country be improved?
1800 character(s) maximum
In general we feel that the cooperation with other agencies works quite
well.
*25. How could the communication and collaboration with ECHA be improved?
1800 character(s) maximum
In general we feel that the cooperation with ECHA works quite well.
Given the considerable costs and time requirements for missions we feel
that some additional meetings could be managed via telephone
conferences.
*
*
*
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*26. How could the exchange of information and dialogue between Member States and theCommission be improved?
1800 character(s) maximum
In general we feel that the cooperation with the Commission works quite
well.
Theme 3: Operation of the national helpdesk
*27. Please provide the name of the organisation(s) responsible for operating the Helpdesk(s) forREACH.
Umweltbundesamt GmbH (as institution mandated by the Austrian CA
*28. What is (are) the address(es) of the Helpdesk(s)?
Spittelauer Lände 5, A-1090 Wien, AT
*29. What is (are) the web page address(es) of the Helpdesk(s)?
www.reachhelpdesk.at
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*
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*30. What is (are) the email address(es) of the Helpdesk(s)?
*31. What is (are) the telephone number(s) of the Helpdesk(s)?
0043 (0)1 3100 472
*32. What is the institutional structure of the Helpdesk(s)?
Separate independent entity(ies)Part of Competent AuthorityPart of business association/chamber of commerceOther
*33. Please quantify these skills in FTE (Full Time Equivalent).
Number of FTE
Toxicologist 0,05
Ecotoxicologist 0,05
Chemist 0,6
Exposure Assessor 0,025
Risk Assessor 0,025
Risk manager 0
Economist 0,05
IT 0
Communication 0
Other 0
*
*
*
*
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*34. Is the level of expertise adequate to respond to all enquiries?
YesNo
*35. For which topics does the national helpdesk feel it necessary to refer the enquirer to theECHA helpdesk?
REACH-IT related topics – e.g. management of user account
*36. What are the services offered by the Helpdesk?
Please choose one or more answers.
WebsiteNewsletterAdvice servicesTrainingsMediation / conflict resolutionOther
*37. In which language(s) are these services accessible?
German
*38. Is the same Helpdesk used to provide help to Industry on CLP?
YesNo
*39. Does the Helpdesk receive any non-governmental support?
YesNo
*
*
*
*
*
*
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*40. Please describe the Helpdesk quality assurance mechanisms:
All written answers sent to enquirers are double-checked by at least 2
experts. Information for the website is also checked by 2 experts. The
check also includes verification if the wording is as simple as possible
and understandable for less experienced users.
*41. Is ISO9000 norm in place?
YesNo
42. How many enquiries does the Helpdesk receive per year?
1 - 100 101 - 1000 > 1000
*2010
*2011
*2012
*2013
*2014
*43. How are the majority of enquiries received?
Please choose one or more answers.
EmailPhoneFaxLetterOtherNo information
*44. Do you provide specific advice to SME's?
YesNo
*
*
*
*
*
*
*
*
*
12
%3
%2
%0
%14
%0
If yes, please specify how this advice is customized for the needs of SMEs.
It can be generally assumed that most of the enquirers are SMEs (even
though this cannot be verified). Thus it is the aim of the Helpdesk to
provide information (answers/website) as “SME-friendly” as possible. In
few cases also face to face meetings have taken place.
*45. What is the company size of enquirers? (please specify the percentage of the total each ofthem represent)
If no information is available for a specific type of company, please indicate N/A in the corresponding box.
%
Large enterprises N/A
Medium enterprises N/A
Small enterprises N/A
Micro enterprises N/A
Other N/A
*46. For each type of enquiry received, please provide the percentage of the total number ofenquiries during the reporting period:Pre-registration
Please insert a figure. The individual percentages should add up 100% altogether.
*Registration
*Evaluation
*Authorisation
*Restriction
*
*
*
*
*
*
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%2
%2
%3
%1
%7
%8
%0
%1
%1
%1
*Testing (Information requirement/registration)
*Data sharing
*Enforcement
*CSR preparation
*CLP Classification
*CLP Labelling
*CLP Packaging
*CLP Classification and labelling inventory
*SIEFs
*REACH-IT
*
*
*
*
*
*
*
*
*
*
14
%15
%0
%8
%22
%8
%2
%14
%1
*IUCLID5
*Downstream user obligations
*Only representative obligations
*Obligations regarding articles
*Safety Data Sheets
*SVHC
*Other
*47. Are enquiries received mostly:
'Straight-forward' is understood as those enquiries that can be answered without performing any prior research.
'Complex' is understood as those enquiries that require a minimum level of research before been answered or that
demand exhaustive elaboration.
ComplexStraightforwardNo information
*48. What proportion of enquiries received are deemed to be: 1) straight forward
Please provide an approximate estimation as an average per year. The individual percentages should add up 100%
altogether.
*
*
*
*
*
*
*
*
*
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%85
*2) complex
49. How long, on average, does it take to respond to the following types of questions?
4hours
1day
3days
1week
2weeks
> 2weeks
Noinfo
*Straight forwardquestions
*Complex questions
*50. Are any types of enquiry outsourced?
YesNo
*52. Does the Helpdesk seek feedback on its performance?
YesNo
*If yes please specify by whom and what the result was:
The helpdesk reports every three months to the CA who can gives his
feedback for improving: Moreover in case concerns with the Helpdesk
performance are raised in the Austrian REACH platform measures will be
taken for improvement
*53. Does the Helpdesk review its performance and consider ways to improve its effectiveness?
YesNo
*If yes, what were the measures taken to improve its effectiveness?
See also response to question 52. One measure concerned e.g. the
redesign of the Website provided by the REACh Helpdesk.
*
*
*
*
*
*
*
*
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54. How could the cooperation between Helpdesks Helpnet be improved?under
1800 character(s) maximum
ECHA offers sufficient tools and support (Helpex, FAQ procedure,
meetings etc.) for the cooperation of the Helpdesks. It is for the
individual Helpdesk experts to decide to which extent they need a
co-operation, considering also the available resources. It is noted that
Helpdesk very much benefit from the cooperation of the Helpdesks and the
resulting achievements even if they are sometimes not themselves
involved in the discussion process.
55. How could the cooperation between Helpdesk Helpnet be improved?outside
1800 character(s) maximum
It is not quite clear what the co-operation “outside HelpNet” actually
means. In our view, the co-operation of Helpdesks is well facilitated by
HelpNet and thus we see no need for pushing for more cooperation
“outside” HelpNet.
*56. How frequently do you use HelpEx?
DailyWeeklyMonthlyLess frequently
Theme 4: Awareness raising activities
*57. Has the Member State carried out any specific awareness raising activities?
YesNo
*
*
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*58. What types of activities have been carried out?
Please choose one or more answers.
Television spotsArticles in NewspapersRadio spotsSpeaking eventsInformation seminarTelephone surveysLeaflets and newslettersArticles in industry magazinesWebsite / Social MediaOther
*If other, please list the activities that have been carried out:
The AT CA co-operates with a number of institutions with respect to
awareness raising. With respect to awareness raising of companies it is
stressed that the Austrian Economic Chamber (WKO, FCIO) is very
pro-active in informing and supporting companies in fulfilling their
tasks under REACH and CLP. Under Austrian law companies are obliged to
become members of the WKO. This includes also all SMEs. Taking advantage
of this fact, SMEs could be efficiently informed via joined campaigns
(BMFLUW, BMWFW, WKO, FCIO). Other institutions with whom the CA AT
co-operated were: BMASK (on occupational health issues), Verein für
Konsumentenschutz (consumers), Umweltberatung (consumers, environmental
protection)
*59. Who is the target audience for your awareness raising activities?
Please choose one or more answers.
Consumers directlyConsumers indirectly through multipliers (media, associations etc)SME in downstream sectorsAll companies in downstream sectorsSMEs in chemicals sectorAll companies in chemicals sectorOther
*If 'Other', please specify:
schools and chemistry teachers
*
*
*
*
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60. Please describe how the information was adapted for the specific target audience:
All SMEs in downstream and the chemical sector were reached by joined
information campaigns of the BMLFUW, BMWFW and WKO via the submission of
leaflets to the members of WKO. A joined project with the Verein für
Konsumentenschutz (VKI) was targeted to the obligation of companies to
report on SVHCs in articles. Results were reported in workshops,
seminars and newspaper articles.
61. How effective was each type of activity?
1 = Very low (not appropriate at all); 2 = Low (of some relevance but not of any great significance); 3 = Medium
(reasonably appropriate); 4 = High (highly appropriate); 5 = Very high (completely appropriate)
If you have not ticked an activity in question 59, please state N/A.
1 2 3 4 5 N/A
*Television spots
*Articles in Newspaper
*Radio spots
*Speaking events
*Information seminar
*Telephone surveys
*Leaflets and newsletters
*Articles in industry magazines
*Websites / social media
*Other
*62. Do you measure the effectiveness of the activities?
YesNo
*
*
*
*
*
*
*
*
*
*
*
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*64. Do you have a REACH webpage/website?
YesNo
65. Do you have a single webpage for REACH or multiple pages?
Single webpageMultiple webpages
66. How frequently is the REACH webpage visited (per month)?
1-100101-500501-50005001+No information
Theme 5: Information on the promotion of the development,evaluation and use of alternative test methods
*67. Does the Member State contribute to EU and/or OECD work on the development andvalidation of alternative test methods by participating in relevant committees?
YesNo
*68. What has been the overall public funding on research and development of alternative testingin your Member States each year?
Euros 0-10,000Euros 10,001-100,000Euros 100,001-1,000,000More than Euros 1, 000, 000No information
*
*
*
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69. Please mention other relevant activities carried out on information on the Promotion of theDevelopment, Evaluation and Use of Alternative Test Methods:
In Austria, there are numerous different (research) activities on
developing and promoting alternative test methods, but the AT CA does
not, at present, have a full picture. We mention at least one
Life+-project in which an expert of the Umweltbundesamt GmbH is actively
involved: CALEIDOS: Chemical assessment according to legislation
enhancing the in silico documentation and safe use
(http://www.caleidos-life.eu/).
Theme 6: Information on participation in REACH Commission andECHA expert groups / committees (Forum, REACH Committee,MSC, RAC, SEAC, CARACAL, RCN, Helpnet)
*70. How effective is the work of the FORUM Committee?
1 = Very low (not appropriate at all); 2 = Low (of some relevance but not of any great significance); 3 = Medium
(reasonably appropriate); 4 = High (highly appropriate); 5 = Very high (completely appropriate)
12345
71. Please specify if needed:
1800 character(s) maximum
Forum Members and Invited Experts need to be more freed from work load
and burdens in Forum (Forum Working Groups) in order to be able to focus
more on the required steering Forum’s role of coordination. Forum needs
to be more freed from pure technical issues of coordination.
72. How could the effectiveness be improved?
1800 character(s) maximum
For a good operation of Forum access to outsourced resources
(consultants) for certain expert tasks not performed by the ECHA Forum
Secretariat needs to become available. It is not the role of the MSs to
provide resources for such tasks of the Forum (e.g. gathering,
consolidating and analysing data from inspection campaigns, preparing
drafts for a reporting with diagrams, tables, text).
*
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*73. How effective is the work of the REACH Committee?
12345
74. Please specify if needed:
1800 character(s) maximum
75. How could the effectiveness be improved?
1800 character(s) maximum
*76. How effective is the work of the Member States Committee (MSC)?
12345
77. Please specify if needed:
1800 character(s) maximum
The experience provided by invited experts is considered as very useful
for the decision making process.
*
*
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78. How could the effectiveness be improved?
1800 character(s) maximum
There is generally a need for more discussions. The decision making
itself could be made more effective if more cases were decided by
written procedure. The meetings sometimes last until quite late in the
evening. It would be preferable to close meetings earlier and to add
another meeting day.
*79. How effective is the work of the Risk Assessment Committee (RAC)?
12345
80. Please specify if needed:
1800 character(s) maximum
The work effectiveness of RAC depends on the regulatory process, in
which RAC is involved, and thus in the following we refer to these
different procedures.
For the CLH process fast track procedure is foreseen for hazard
endpoints, for which classification is unambiguous. Only critical issues
are considered and discussed in the plenary.
The commenting phase for the draft opinion is well in advance of the RAC
plenary meeting and the critical issues raised by the experts are
already considered by the Rapporteurs in advance granting a rather
efficient opinion development.
To improve the efficiency of the restriction process a Restriction
Efficiency Task Force (RETF) has been established, based on the results
of a questionnaire carried out in December 2013 among RAC and SEAC
members, MSCAs and accredit stakeholder observers of RAC and SEAC. This
is a useful first step into improving efficiency of the process.
For the Authorisation process, a revised working procedure for RAC and
SEAC for developing opinions has recently been implemented. At the
moment it is not possible to state whether there will be a need of
further improvement on the working procedure.
*
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81. How could the effectiveness be improved?
1800 character(s) maximum
For the CLH process no improvement of effectiveness can be envisaged.
Issues which are currently discussed in the plenary are in our opinion
of importance and relevant.
For the Authorisation process, the effectiveness could be improved by
improving the quality of the applications. If the data are thorough and
comprehensible the whole process could be much more efficient for RAC
and SEAC.
At the moment it is difficult to say whether the implementation of the
Efficiency Task Force (RETF´s) recommendations will be a complete
success with regard to increase RAC´s work in efficiency.
*82. How effective is the work of the Socio-Economic Committee (SEAC)?
12345
83. Please specify if needed:
1800 character(s) maximum
The effectiveness of the work of SEAC has improved substantially over
the last years due to streamlining the procedures, strengthening SEAC’s
competences, gaining routine in handling restriction dossiers and
authorisation applications and due to the fact that more and more
members are actively getting involved in the work of SEAC. However,
there is still room for improvement, mainly when it comes to the equal
distribution of work within the committee (all members to be actively
involved in the opinion making process). Furthermore, it is of utmost
importance that members have the appropriate expertise for the work of
SEAC.
*
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84. How could the effectiveness be improved?
1800 character(s) maximum
Applications for authorisation: the work of SEAC on evaluating
authorisation applications could be improved substantially if a higher
quality of authorisation applications could be ensured. It is of utmost
importance that authorisation applications are in a shape so that RAC
and SEAC can evaluate them, without performing their own assessment. It
should be clearly communicated to industry that submitting bad quality
applications and not being transparent hampers the assessment by RAC and
SEAC and might have consequences when it comes to the formulation of
opinions.
Restriction dossiers: the efficiency of the restriction process in SEAC
was already improved, e.g. due to the work of the restriction efficiency
task force (RETF), which formulated tailor-made recommendations for all
involved actors. The implementation of all recommendations ensures, in
our view, the further improvement of SEAC’s work on restriction
dossiers.
For both, the restriction and authorisation procedure, the further
streamlining of formats and committee-internal processes could
additionally improve the efficiency of SEAC’s work.
*85. How effective is the work of the CARACAL (Competent Authorities for Reach and CLP)?
12345
86. Please specify if needed:
1800 character(s) maximum
*
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87. How could the effectiveness be improved?
1800 character(s) maximum
There are still too many purely presentational issues on the agenda of
CARACAL meetings. These could be further reduced in order to create
additional room for discussion.
The tracking document seems to have disappeared, we suggest COM to
update and continue this very useful document.
For the discussion of additional specific issues, separate telephone
conferences should be considered.
Room translations (as formally requested by some parties) do not
necessarily improve the comprehensibility of speakers as the translation
of technical (chemical) expressions is often quite poor.
*88. How effective is the work of the Risk Communication Network (RCN)?
12345
89. Please specify if needed:
1800 character(s) maximum
90. How could the effectiveness be improved?
1800 character(s) maximum
*
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*91. How effective is the work of the HelpNet Committee?
12345
92. Please specify if needed:
1800 character(s) maximum
The development of FAQ is well established, HELPEX is considered as a
very good tool.
93. How could the effectiveness be improved?
1800 character(s) maximum
Theme 7: Information on Dossier Evaluation and SubstanceEvaluation activities
Dossier evaluation
*94. Has the Member State been involved in Dossier evaluation within the reporting period?
YesNo
Substance evaluation
*102. Has the Member State been involved in substance evaluation within the reporting period?
YesNo
*
*
*
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25
5
5
*103. How many substances evaluated resulted in a draft decision within the reporting period?Please insert a figure.
*104. On average, how many person-days have been employed in the evaluation of eachsubstance within the reporting period?Please insert a figure.
*105. On average, how many person-days have been employed in the decision-making of eachsubstance within the reporting period?Please insert a figure.
106. Indicate if possible what tasks have been most demanding in terms of resources:
The preparation of draft decisions in the decision making process due to
time constraints
107. Please indicate the number of each type of staff that are involved in substance evaluation:
0 1-5 6-10 >10
*Toxicologist
*Ecotoxicologist
*Chemist
*Risk Assessor
*Social-Economic Analyst
*Exposure Assessor
*Other (please list):
*
*
*
*
*
*
*
*
*
*
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*108. Do you outsource substance evaluations to external contractors?
YesNo
*109. Have you collaborated with other Member States in any of these evaluations within thereporting period?
YesNo
*110. Have you initiated any action under other REACH processes as a consequence ofsubstance evaluation performed by you or another Member States (e.g. Annex VI dossier forharmonised C&L, annex XV dossier for SVHC ID or restriction, other non-REACH regulatoryaction) within the reporting period?
YesNo
*If yes, please specify the action:
Submission of an Annex VI dossier for harmonised C&L
111. What are the financial resources dedicated by your Member State to substance evaluation?
Annually about 100.000 € (fees from ECHA excluded)
112. Do the fees delivered for evaluation equate the financial resources involved in substanceevaluation?
YesNo
113. Do you foresee an increase of resources dedicated to substance evaluation in the comingyears?
YesNo
*
*
*
*
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6
10
114. Have you encountered any problems while carrying out the substance evaluation?YesNo
If yes, please specify:
The time frames are tight and human resources are limited (in total and
during particular steps of the process), therefore efforts are required
to make the process more efficient and less time consuming (focus of
work should be evaluation). The significant reduction of fees is not
compensated by savings due to improvements of the process during the
last years. Hence, the gap between the provided share of fees and the
actual expenditure on evaluation work tends to further increase.
Theme 8: Annex XV Dossiers (restriction and identification of SVHC)and other points related to the identification of SVHC
Annex XV Restriction Dossiers
*115. Has the Member State been involved in the preparation of Annex XV Restriction Dossierswithin the reporting period?
YesNo
Annex XV SVHC Dossiers
*131. Has the Member State been involved in the preparation of Annex XV SVHC Dossiers?
YesNo
*132. How many Annex XV SVHC dossiers has the Member State prepared within the reportingperiod?
Please insert a figure.
*133. Among these how many were co-prepared with other Member State/ECHA?Please insert a figure.
*
*
*
*
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5
0
5
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*134. How many person-days were dedicated to the development of Annex XV SVHC dossiers?Please insert a figure.
*135. How many person-days were dedicated to the assessment of Annex XV SVHC dossiers?Please insert a figure.
*136. How many times a representative of your Member State has been nominated rapporteurunder the Member States Committee (MSC) within the reporting period?Please insert a figure.
*137. How many dossiers prepared by other Member States has the Member State contributed toor commented upon within the reporting period?Please insert a figure.
*
*
*
*
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138. What expertise is available for preparing Annex XV SVHC dossiers (in FTEs available peryear)?
0 1-3 4-6 7-9 >9
*Chemist
*Toxicologist
*Ecotoxicologist
*Economist
*Enforcement
*Legal
*Policy
*Exposure Assessor
*Risk Assessor
*Other
*139. Do you outsource the preparation of Annex XV SVHC dossiers?
YesNo
Please provide additional comment if needed:
1800 character(s) maximum
*141. Has there been any enterprises consultation/involvement in the preparation of MemberState dossiers?
YesNo
*
*
*
*
*
*
*
*
*
*
*
*
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*142. If yes, what was the level of involvement of enterprises in the preparation of Member Statedossiers?
1 = Very low (not involved at all); 2 = Low (involved but not of any great significance); 3 = Medium (reasonably
involved); 4 = High (highly involved); 5 = Very high (fully involved)
12345
Please provide additional comment if needed:
1800 character(s) maximum
Consultation was based on questionnaires to the registrants in the frame
of RMOA
*143. Among these enterprises, were there SMEs also consulted/involved in the preparationof Member State dossiers?
YesNo
Please provide additional comment if needed:
1800 character(s) maximum
Other points related to the identification of SVHC
145. Do you consider that there is enough coordination between ECHA and Member States duringthe implementation of the SVHC Roadmap?
YesNo
*
*
33
146. What were the financial and human resources dedicated to SVHCs identification (bothscreening and preparation of an Annex XV dossier) before and after the agreement on theSVHCs Roadmap in March 2013?
The financial costs for human resources can be estimated to about
150.000 € per year related to the preparatory work, the dossier drafting
and the follow-up work for about 2 dossiers per year. The costs under
the Roadmap are expected to be of a similar order of magnitude as before
the Roadmap.
Theme 9: Information on REACH enforcement activities
General information
*147. Please explain how the enforcement of REACH is organised in your country; pleaseconcentrate on the changes from the last reporting:
For a definition of 'enforcement', please refer to the glossary.
There are no significant changes as compared to the previous report,
except of the update of the Chemicals Law:
The implementation and enforcement of REACH is laid down in the
Chemicals Act (Chemikaliengesetz 1996, FLG No 53/1997 last amendment by
FLG No I 14/2015). In accordance with this Federal Act, the Competent
Authority for REACH is the Federal Ministry of Agriculture, Forestry,
Environment and Water Management (BMLFUW). It supervises the various
inspection, supervision, monitoring and enforcement activities of the
Chemical Inspectorates which act as enforcement authorities in each of
the nine Austrian Federal States (Länder). Expertise and laboratory
resources for assistance of the enforcement authorities is available at
the Federal Environment Agency (Umweltbundesamt, UBA)
*148. Are the national enforcement authority(ies) in charge of REACH, only dealing with REACH?
YesNo
*
*
34
*If No, what are their additional responsibilities?
The portfolio of additional competences vary considerably as the
organisational structure of the body competent for enforcement of REACH
in each Federal State is very much different. Authorities can be more
health service oriented, more environmental protection oriented or more
oriented to general permitting of industrial sites. For effectivity
purposes there is also a comprehensive enforcement competence for a
broad portfolio of all existing chemicals related (Union and national)
legislation.
149. Describe the general status of the resources allocated to enforcing authorities for tasksrelated to the enforcement of REACH (assessment of annual budget and staff):1800 character(s) maximum
In each of the Länder there is at least one inspection organ and one
legal expert (at least at a part time level) available for enforcement
activities. Additional coordination resource is available in the Federal
Environment Agency (Umweltbundesamt) and in the BMLFUW. In average a
resource of one man year is available for enforcement activities in the
field in each of the Länder, making 9 man year of resources in total for
enforcement activities related to ALL chemicals legislation in the
competence of the inspectorates.
Enforcement Strategy(ies)
General information on the enforcement strategy (or strategies) in place within the MemberState
*150. Has an overall strategy been devised and implemented for the enforcement of REACH?For a definition of 'enforcement', please refer to the glossary.
Yes devisedYes implementedNo
*151. Is(are) the strategy(ies) in line with the strategy devised by the Forum?
Forum strategy as described in the document “Strategies for enforcement of Regulation (EC) No. 1907/2006 concerning
the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and of Regulation (EC) No. 1272/2008
on the classification, labelling and packaging of substances and mixtures (CLP)” as adopted at the 9th meeting of the
Forum on 1-3 March 2011.
YesNo
*
*
*
35
*152. Please outline the enforcement strategy within the Member State:
The general monitoring and enforcement strategy for REACH is based upon
the experiences in implementing the previous Directives for chemicals,
in particular 67/548/EWG, 1999/45/EG and 76/769/EWG. It has been
developed in closed co-operation with the Chemical Inspectorates and is
reviewed and adjusted in certain intervals as required.
The overall approach follows the basic principles of the
REACH-Regulation starting from the “no data no market” rule.
Inspection schemes are prepared by the Inspectorates and coordinated
with the BMLFUW in order to ensure that REACH duties are enforced as
comprehensively as possible. On a regular basis special inspection cases
are selected (companies, branches, products) where enforcement
authorities focus their activities and measures.
The Chemical Inspectorates report to the BMLFUW on their activities and
meet for coordination and training twice a year.
See also the information is provided on ECHA´s website:
http://echa.europa.eu/de/view-article/-/journal_content/b1284a69-e2f2-40
49-9a7e-730222a7252c
*153. What type of activities does this strategy entail?
It aims to control all relevant aspects like registration,
authorisation, restrictions, information dissemination etc. The
monitoring activities strive to cover the complete supply chain by
checking manufacturers, importers, distributors, including both
wholesalers and retailers, and downstream users. Enforcement is based on
measures available in the Chemicals Act and in the general legislation
on administrative procedures. Enforcement also includes penalties
applicable for infringements of REACH.
Sanctions available to enforcing authorities are:
- Issuing of formal notices and cautions,
- Commissioning actions towards re-establishing of lawful conditions,
- Commissioning compulsory safety measures,
- Confiscation of products,
- Introduction of legal proceedings on penalties by civil means
*154. Is this enforcement strategy publicly available?
YesNo
Inspection strategy
*
*
*
36
156. Describe the REACH inspection strategy:
For a definition of 'inspection', please refer to the glossary.
Inspections are mostly preformed on a routine basis either as part of a
campaign (regional, national, European) or without a campaign context.
In addition, inspections also occur triggered by observations (internal,
external) of suspected contraventions.
REACH inspections comprise an integral part of the routine chemicals
inspection scheme of the enforcement authorities since 2007. As a basic
principle of the applied inspection methodology the focus is put on
on-site inspections of REACH duty holders. Site visits include detailed
documentation of the checks carried out and measures taken, and in many
cases follow-up examinations of the relevant documentation for the case.
Cases for inspections (companies, products) are selected either through
an inspection scheme of the Chemical Inspectorates or the BMLFUW. Checks
may also be triggered by complaints or incidents or could result from
follow-up activities of previous inspections. A major REACH-focus
addresses the duty for information in the supply chain.
Inspection activities have focused on the following issues:
- Inspections of the full supply chain including producers, importers,
distributors and downstream user
- Controls of safety data sheets including checks of information contain
in the SDS
- Controls of labelling and packaging requirements
- Checks for compliance with restrictions
- Sampling and analyses
- Registration and pre-registration (see methodology)
*157. How has the inspection strategy evolved from 2010 to 2014?
As the number of coordinated enforcement activities organised in ECHA
Forum has increased substantially the strategy has been changed in order
to increase the rate of national inspection in context of Forum
coordinated enforcement projects (REF, pilot activities) accordingly
(estimated to be at minimum by a factor of 3).
*158. Does your inspection strategy consider the enforcement strategy developed by the FORUMand the activities carried out there?Forum strategy as described in the document “Strategies for enforcement of Regulation (EC) No. 1907/2006
concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and of Regulation
(EC) No. 1272/2008 on the classification, labelling and packaging of substances and mixtures (CLP)” as adopted at
the 9th meeting of the Forum on 1-3 March 2011.
YesNo
*
*
37
20
Please provide examples:
Example element of Forum strategy implemented in Austria: inspections on
a routine basis (routine monitoring concept) complemented by inspections
organised in thematic campaigns
159. Please provide the total number of inspectors that attended training on REACH in yourMember States in the reporting period (2010-2014)?
Co-ordination, co-operation and exchange of information
Explanation of the co-ordination, co-operation and exchange of information, between enforcingauthorities, with Competent Authorities and other authorities from other Member States
*160. Please outline the mechanisms/procedures put in place to ensure cooperation, coordinationand exchange of information on REACH enforcement between enforcing authorities and otherauthorities (within or outside your Member State):
In order to supervise and coordinate the enforcement authorities,
regular meetings between the BMLFUW and the Chemical Inspectorates take
place (two meetings per year). At these meetings typically the following
issues are covered:
1. information about recent developments in the context of the REACH-,
CLP- and other chemicals regulations
2. discussion of specific REACH and CLP issues
3. presentation and discussion of specific enforcement programmes such
as monitoring of restricted substances, control of safety data sheets,
but also implementation of other Regulations and Directives, such as the
VOC-Directive, etc. and interlinks with REACH and CLP.
4. discussion of the national chemical legislation, including also other
aspects than REACH or CLP (e.g. fluorinated gases)
5. reports of the Chemical Inspectors on the results of inspections and
discussion of relevant measures, such as the development of specific
enforcement programmes.
International co-operation within the EU is carried out mainly through
the involvement of the Austrian representative in the Forum of ECHA, in
CLEEN, via enforcement related Twinning projects and TAIEX activities
and via regular bilateral tight contacts and exchange with neighbouring
countrie’s enforcement authorities (Hungary, Czech Republic, Slovakia,
Slovenia, Italy, Switzerland, Liechtenstein, Baden-Württemberg & Bavaria
/ Germany).
*
38
*161. Describe how these mechanisms have operated in practice during the reporting period (e.g.regular meetings, joint training, joint inspections, co-ordinated projects and so on):
See response to question no. 160
*162. From Forum activities, which ones do you consider most relevant to enhance coordination,cooperation and exchange of information among Member States:
Joint Forum trainings for national trainers and Forum coordinated
enforcement projects based on harmonised inspection methodologies
Please provide examples:
*163. Provide details on enforcement activities carried out with other Member States outside theremit of the Forum:
Enforcement activities with other MSs and outside Forum (but within
REACH) are targeting a number of bilateral exchange of cross-border
enforcement cases and have already long term tradition (e.g. under
CLEEN)
*
*
*
39
164. Describe any other measures/relevant information:
For a definition of 'measure', please refer to the glossary.
See response to question no. 147
2010-2014 Reporting on enforcement activities
Number of dutyholders
165. Provide an estimate of the total number of dutyholders who are likely to have duties imposedon them by REACH:
For a definition of 'dutyholder' please refer to the glossary.
The dutyholder principal role is the highest position the dutyholder has within the supply chain. For example, if a
manufacturer of a substance is also a downstream user of others, then its principal role should be regarded as
manufacturer.
If no information is available for a specific year, please indicate N/A in the corresponding box
2010 2011 2012 2013 2014
Number ofdutyholders 117 189 86 178 73
166. Provide an estimate of the above dutyholders who are likely to be considered as registrantsas defined by REACH:
If no information is available for a specific year, please indicate N/A in the corresponding box
2010 2011 2012 2013 2014
Number ofdutyholders 6 21 6 15 25
*167. What was the total number of official controls such as inspections or investigations ormonitoring, or other enforcement measures carried out by enforcing authorities in which REACHwas covered and/or enforced during the reporting period?For definitions of 'investigation' or 'monitoring', please refer to the glossary.
2392
*
40
*168. State the number of subject to enforcement activities:manufacturers
If no information is available for a specific year, please indicate N/A in the corresponding box
2010 2011 2012 2013 2014
Number ofmanufacturers 19 22 42 17 62
Were these mainly:
For definitions of micro, small and medium-sized enterprises, please refer to the glossary.
The category 'not applicable' can be filled in case you have information on the size of industry but it does not
allow you to complete the three categories (Small, Medium, Large).
Micro Small Medium Large No information N/a
*2010
*2011
*2012
*2013
*2014
*169. State the number of subject to enforcement activities:only representatives
If no information is available for a specific year, please indicate N/A in the corresponding box
2010 2011 2012 2013 2014Number of onlyrepresentatives
1 0 0 0 5
*
*
*
*
*
*
*
41
Were these mainly:
Micro Small Medium Large No information N/a
*2010
*2011
*2012
*2013
*2014
*170. State the number of subject to enforcement activities:distributors
If no information is available for a specific year, please indicate N/A in the corresponding box
2010 2011 2012 2013 2014
Number ofdistributors 116 134 112 106 130
Were these mainly:
Micro Small Medium Large No information N/a
*2010
*2011
*2012
*2013
*2014
*171. State the number of subject to enforcement activities:downstream users
If no information is available for a specific year, please indicate N/A in the corresponding box
2010 2011 2012 2013 2014
Number ofdownstream users 98 118 79 79 68
*
*
*
*
*
*
*
*
*
*
*
*
42
Were these mainly:
Micro Small Medium Large No information N/a
*2010
*2011
*2012
*2013
*2014
*172. State the number of subject to enforcement activities:importers
If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number ofimporters 6 11 25 29 33
Were these mainly:
Micro Small Medium Large No information N/a
*2010
*2011
*2012
*2013
*2014
Number of official controls prompted by…
*
*
*
*
*
*
*
*
*
*
*
43
*173. Have there been complaints or concerns received by enforcing authorities in relation toalleged contraventions of the REACH Regulation?
Controls are understood as inspections or investigations or monitoring, or other enforcement measures carried
out by enforcing activities.
If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number ofcontrols 45 50 15 29 24
*174. Incidents (e.g. accidents such as poisoning or other dangerous occurrences)?
If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number ofcontrols 0 0 0 0 0
*175. Monitoring activities?
If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number ofcontrols 27 76 42 46 93
*176. Results of an inspection?
If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number ofcontrols 155 160 141 110 172
Number of official controls which addressed…
*
*
*
*
44
*177. Registration:
Controls are understood as inspections or investigations or monitoring, or other enforcement measures carried
out by enforcing activities.
If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number ofcontrols 9 49 23 50 103
Cases ofnon-compliancefound
1 2 0 8 4
*178. Registration and notification of substances in Articles:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number ofcontrols 0 5 5 6 26
Cases ofnon-compliancefound
0 0 0 0 0
*179. Information in the supply chain:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number ofcontrols 96 172 189 333 248
Cases ofnon-compliancefound
28 29 42 83 88
*180. Duty to communicate information on substances in articles:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number of controls 21 41 25 32 56
Cases ofnon-compliancefound
15 10 0 11 1
*
*
*
*
45
*181. Restrictions:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number of controls 113 138 129 87 89
Cases ofnon-compliancefound
6 7 12 3 3
*182. Authorisations:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number ofcontrols 0 2 5 3 3
Cases ofnon-compliancefound
0 0 0 0 0
*183. Imported goods:If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number ofcontrols 0 4 4 36 23
Cases ofnon-compliancefound
0 0 0 3 2
Number of official controls which resulted in...
*184. No areas of infringement found:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number ofcontrols 179 324 426 337 450
*
*
*
*
46
*185. Verbal or written advice:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number ofcontrols 84 102 65 62 101
*186. Legal proceedings:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number ofcontrols 12 4 8 5 5
*187. Convictions:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number ofcontrols 1 0 0 3 2
188. Other:If no information is available for a specific year, please indicate N/A in the corresponding box.
2010 2011 2012 2013 2014
Number ofcontrols 0 0 0 0 0
If 'Other', please specify:
189. Please provide information on difficulties encountered during REACH official controls:
Supply chain to get informations from foreign enterprises
*
*
*
47
0
0
190. Please provide information on good practices related to REACH official controls:
No response provided as the question was not clearly understood
Sanctions
191. Describe the different sanctions that can be used in case of contravention of REACH, e.g.enforcement notices and other sanctions such as on-the-spot fines or undertakings, officialreprimands such as formal cautions or warnings, and legal proceedings (whether criminal or civilin nature):The answer to this question is to be given only if the position has changed since the last reporting period.
Confiscation, punishment according to administrative law
Appeals
192. Please state the number of appeals against REACH enforcement National EnforcementAuthority decisions in your Member State in the reporting period (2010 – 2014):
193. Please state the number of REACH enforcement National Enforcement Authority decisions inyour Member State that were overturned by ruling of a domestic or EU court of law in thereporting period (2010-2014):
Theme 10: CLP enforcement activities
General information
48
*194. Please explain how competent authorities are organised for the enforcement of CLP in yourcountry; please concentrate on the changes from the last reporting:
1800 character(s) maximum
See response to question no. 147
*195. How many authorities are in charge of CLP enforcement? Please provide their names:
See response to question no. 147
196. Describe the general status of the resources allocated to enforcing authorities for tasksrelated to the enforcement of CLP (assessment of annual budget and staff):1800 character(s) maximum
See response to question no. 149
Enforcement Strategy(ies)
General information on the enforcement strategy (or strategies) in place within the MemberState
*197 Has an overall strategy or strategies been implemented for the enforcement of the CLPRegulation?
YesNo
*
*
*
49
*198. Is(are) the strategy(ies) in line with the strategy devised by the Forum?Forum strategy as described in the document “Strategies for enforcement of Regulation (EC) No. 1907/2006
concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and of Regulation
(EC) No. 1272/2008 on the classification, labelling and packaging of substances and mixtures (CLP)” as adopted at
the 9th meeting of the Forum on 1-3 March 2011.
YesNo
*199. Please outline the enforcement strategy within the Member State, and themethodology/techniques used (this should include a description of the criteria by whichdutyholders were selected for enforcement activities):
The general monitoring and enforcement strategy for CLP is based upon
the experiences in implementing the previous Directives for chemicals,
in particular 67/548/EWG and 1999/45/EG. It has been developed in closed
co-operation with the Chemical Inspectorates and is reviewed and
adjusted in certain intervals as required.
The overall approach follows the basic principles of the CLP-Regulation
starting from the obligation to classify, label and package which
applies to various duty holders. The actual CLP duty of a dutyholder
also contributes to selecting a specific enforcement case.
Inspection schemes are prepared by the Inspectorates and coordinated
with the BMLFUW in order to ensure that CLP duties are enforced as
comprehensively as possible. On a regular basis special inspection cases
are selected (companies, branches, products) where enforcement
authorities focus their activities and measures.
The Chemical Inspectorates report to the BMLFUW on their activities and
meet for coordination and training twice a year.
*
*
50
*200. Provide information on the level and extent of monitoring activities undertaken (this shouldinclude a description of the criteria by which substances, mixtures, articles etc. were selected formonitoring):For a definition of monitoring activities, please refer to the glossary.
The aim is to control all relevant aspects of the C&L-, packaging-,
notification- and documentation- obligations in a broad sense. The
monitoring activities strive to cover the complete supply chain by
checking manufacturers, importers, formulators, distributors, including
both wholesalers and retailers, and downstream users. Enforcement is
based on measures available in the Chemicals Act and in the general
legislation on administrative procedures. Enforcement also includes
penalties applicable for infringements of CLP.
Sanctions available to enforcing authorities are:
- Issuing of formal notices and cautions,
- Commissioning actions towards re-establishing of lawful conditions,
- Commissioning compulsory safety measures,
- Confiscation of products,
- Introduction of legal proceedings on penalties by civil means
*201. Is this enforcement strategy publicly available?
YesNo
Inspection Strategy
*
*
51
203. Describe the CLP inspection strategy:
For a definition of 'inspection', please refer to the glossary.
Inspections are mostly preformed on a routine basis either as part of a
campaign (regional, national, European) or without a campaign context.
In addition, inspections also occur triggered by observations (internal,
external) of suspected contraventions.
CLP inspections comprise an integral part of the routine chemicals
inspection scheme of the enforcement authorities since 1991. As a basic
principle of the applied inspection methodology the focus is put on
on-site inspections of CLP duty holders. Site visits include detailed
documentation of the checks carried out and measures taken, and in many
cases follow-up examinations of the relevant documentation for the case.
Cases for inspections (companies, products) are selected either through
an inspection scheme of the Chemical Inspectorates or the BMLFUW. Checks
may also be triggered by complaints or incidents or could result from
follow-up activities of previous inspections. A major REACH-focus
addresses the duty for information in the supply chain.
Inspection activities have focused on the following issues:
- Inspections of the full supply chain including manufacturers,
importers, formulators, distributors and downstream user
- Controls of safety data sheets including checks of information contain
in the SDS
- Controls of labelling and packaging requirements
- Control of the notification requirement
*204. How has the inspection strategy evolved from 2011 to 2014?
Evolvement of the strategy has mainly included the shift of C&L to the
new CLP scheme (and the new distribution of obligation among duty
holders in the supply chain) for substances and mixtures and the
obligatory changes required in the C&L information of SDSs.
*205. Does your inspection strategy consider the enforcement strategy developed by the FORUMand the activities carried out there?Forum strategy as described in the document “Strategies for enforcement of Regulation (EC) No. 1907/2006
concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and of Regulation
(EC) No. 1272/2008 on the classification, labelling and packaging of substances and mixtures (CLP)” as adopted at
the 9th meeting of the Forum on 1-3 March 2011.
YesNo
*
*
52
20
Please provide examples:
Example element of Forum strategy implemented in Austria: inspections on
a routine basis (routine monitoring concept) complemented by inspections
organised in thematic campaigns
206. Please provide the total number of inspectors that attended training on CLP in your MemberState in the reporting period (2011-2014):
Co-ordination, co-operation and exchange of information
Explanation of the co-ordination, co-operation and exchange of information, between enforcingauthorities, with Competent Authorities and other authorities from other Member States
*207. Please outline the mechanisms/procedures put in place to ensure cooperation, coordinationand exchange of information on CLP enforcement between enforcing authorities and otherauthorities (within or outside your Member State):
See response to question no. 160
*208. Describe how these mechanisms have operated in practice during the reporting period (e.g.regular meetings, joint training, joint inspections, co-ordinated projects and so on):
See response to question no. 160
2011-2014 Reporting on enforcement activities
*
*
53
*209. What was the total number of official controls, such as inspections or investigations, or otherenforcement measures carried out by enforcing authorities in which CLP was covered and/orenforced during the reporting period?For a definition of 'inspection' and 'investigation', please refer to the glossary.
2011 2012 2013 2014
Number ofcontrols 112 115 132 271
210. If applicable, please add a description of the other enforcement measures carried out in thisreporting period:
1800 character(s) maximum
Number of dutyholders
211. Provide an estimate of the total number of dutyholders who are likely to have duties imposedon them by CLP:
For a definition of 'dutyholder', please refer to the glossary.
The dutyholder principal role is the highest position the dutyholder has within the supply chain. For example, if a
manufacturer of a substance is also a downstream user of others, then its principal role should be regarded as
manufacturer.
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number ofdutyholders 11 0 5 35
Dutyholders subject to official controls
*212. State the number of subject to enforcement activities under CLP:manufacturers
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number ofmanufacturers 15 10 7 21
*
*
54
Were these mainly:
For definitions of micro, small and medium-sized enterprises, please refer to the glossary.
The category not applicable can be filled in case you have information on the size of industry but it does not allow
you to complete the three categories (Small, Medium, Large).
Micro Small Medium Large No information N/a
*2011
*2012
*2013
*2014
*213. State the number of subject to enforcement activities under CLP:distributors
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number ofdistributors 19 51 59 140
Were these mainly:
Micro Small Medium Large No information N/a
*2011
*2012
*2013
*2014
*214. State the number of subject to enforcement activities under CLP:downstream users
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number ofdownstreamusers
77 43 50 71
*
*
*
*
*
*
*
*
*
*
55
Were these mainly:
Micro Small Medium Large No information N/a
*2011
*2012
*2013
*2014
*215. State the number of subject to enforcement activities under CLP:importers
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number ofimporters 0 5 1 7
Were these mainly:
Micro Small Medium Large No information N/a
*2011
*2012
*2013
*2014
Number of official controls prompted by…
*
*
*
*
*
*
*
*
*
56
*216. Have there been complaints or concerns received by enforcing authorities in relation toalleged contraventions of the CLP Regulation?
Controls are understood as inspections or investigations or monitoring, or other enforcement measures carried
out by enforcing activities.
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number ofcontrols 14 11 9 14
*217. Incidents (e.g. accidents such as poisoning or other dangerous occurrences)?
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number ofcontrols 0 0 0 0
*218. Monitoring activities?
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number ofcontrols 2 15 27 40
*219. Results of an inspection?
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number ofcontrols 81 62 82 128
Number of official controls which addressed…
*220. Hazard classification:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number ofcontrols 76 60 81 128
Cases ofnon-compliancefound
6 2 4 14
*
*
*
*
*
57
*221. Hazard communication in the form of labelling:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number of controls 87 87 103 195
Cases ofnon-compliancefound
6 2 4 14
*222. Packaging:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number of controls 17 39 52 109
Cases ofnon-compliancefound
0 0 1 5
*223. Harmonisation of classification and labelling of substances:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number of controls 69 42 50 68
Cases ofnon-compliancefound
0 0 0 1
*224. Notification to the classification and labelling inventory according to Article 40:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number of controls 6 3 2 11
Cases ofnon-compliancefound
1 2 1 3
*
*
*
*
58
*225. Other common provisions, such as the obligation to maintain information and requests forinformation:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number of controls 0 1 20 24
Cases ofnon-compliancefound
0 0 0 0
*226. Imported goods:If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number of controls 0 1 5 5
Cases ofnon-compliancefound
0 0 1 1
*227. Other CLP obligations:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number of controls 3 4 0 2
Cases ofnon-compliancefound
0 4 0 2
Number of official contols which resulted in...
*228. No areas of infringement found:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number ofcontrols 88 94 92 183
*229. Verbal or written advice:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number of controls 83 66 65 103
*
*
*
*
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*230. Legal proceedings:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number ofcontrols 0 1 0 3
*231. Convictions:
If no information is available for a specific year, please indicate N/A in the corresponding box.
2011 2012 2013 2014
Number ofcontrols 0 0 0 0
232. Other:
2011 2012 2013 2014
Number ofcontrols
If 'Other', please specify:
Sanctions
233. Describe the different sanctions that can be used in case of contravention of the CLPRegulation, e.g. enforcement notices and other sanctions such as on-the-spot fines orundertakings, official reprimands such as formal cautions or warnings, and legal proceedings(whether criminal or civil in nature):
The answer to this question needs only be given if the position has changed since the last reporting period or is
different to that provided by virtue of CLP Article 47.
Confiscation, punishment by administrative law
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*
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0
0
Appeals
234. Please state the number of appeals against CLP enforcement National EnforcementAuthority decisions in your Member State in the reporting period (2011 – 2014):
235. Please state the number of CLP enforcement National Enforcement Authority decisions inyour Member State that were overturned by ruling of a domestic or EU court of lawNew NumberQuestion in the reporting period (2011 – 2014):
Other enforcement activity not covered elsewhere
236. Provide details on enforcement activities carried out at the request / suggestion of ECHA:
No significant experiences
237. Provide details on enforcement activities carried out at the request of other Member States,e.g. where cross-border issues are detected and communicated:
No significant experiences
238. Detail any other measures taken pursuant to articles 46(1) and 47 of the CLP Regulation, orany other information you wish to provide for the purposes of this part of the Report:For a definition of 'measure', please refer to the glossary.
No significant experiences
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Theme 11: Information on the effectiveness of REACH on theprotection of human health and the environment, and the promotionof alternative methods, and innovation and competition
239. Do you think that the effects of REACH would be better evaluated at a Member State or atEU level?
Member State levelEU level
240. Please provide a brief explanation of your response:
1800 character(s) maximum
No preference was made as the AT CA believes that evaluation should be
carried out on both levels. We would like to note that recently a study
on the costs and benefits of REACH in Austria has been finalised. The
study results are attached to this report.
241. What parameters are available at Member State level that could be used to assess theeffectiveness of REACH in a baseline study?
1800 character(s) maximum
The Austrian CA refers to the study on costs and benefits of REACH in
Austria which is attached to this report.. We refer to this study
regarding the parameters which can be provided at MS level.
Theme 12: Other issues / recommendations / ideas
242. Please provide any further information on the implementation of REACH that the MemberState considers relevant:
2500 character(s) maximum
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*243. Do you wish to upload documents in support of this submission?
YesNo
*If Yes, please provide a brief description of the documents that you are uploading (you mayupload more than one document):
Report on the study "REACH - Evaluation of the impact on the affected
industries and the whole economy in Austria”
The objective of this study is to analyse and quantify the impact of the
Regulation (EC) no. 1907/2006 (REACH) on the Austrian economy so far,
which came in force on June 1st 2007. In Austria the companies and
authorities affected by the regulation are now already familiar with the
requirements of the REACH Regulation, due to the almost six-year period
of implementation. For this reason, experiences concerning the impact of
this regulation, which is the focus of the study, are available.
The first part of the study deals with the impacts on the companies and
their experiences on registrations and accrued costs.
As a first step, a direct stakeholder survey through interviews and a
workshop was conducted. Within the study, companies of various
industries were interviewed for a detailed survey. This ensures that the
effects were queried directly by the companies concerned and thus the
space for purely theoretical considerations has been minimized. The
information from the companies is, along with the existing statistical
and economic data, the base for the analysis. As a next step and in
addition to general research, statistics on registrations to the
European Chemicals Agency (ECHA) were requested and cost scenarios for
Austria are made.
In the second part of the study, the effects of EU chemicals policy on
the whole Austrian economy are analysed and quantified as far as
possible. The analysis consists essentially of comparative static
comparison of the hypothetical situation without REACH Regulation and
the currently given situation after the entry into force of REACH
Regulation. As a central methodological approach, input-output analysis
is used. The investigation focuses on static effects.
In the third part a benefit-cost-analysis framework is applied to
determine the feasibility and economic efficiency of the REACH system by
quantifying and monetizing all relevant benefits and costs that are
associated with the implementation of this regulation. Public and
occupational health benefits, environmental benefits and business
benefits are foremost analysed.
Please upload your file• 4abce372-37b8-4a4d-89ab-ae43d2f534a1/150306_REACH_Final_Report_EN_V1.1.pdf
*
*
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You may upload one or more documents.
Background DocumentsGlossary (/eusurvey/files/457b4be8-39e0-4dc4-87ba-703092ec1ddb)
Contact [email protected]