ECHA Announces New Enforcement Campaigns: Focus on Products and Substances Subject to REACH Restrictions
Inspectors across the European Union are preparing for the next coordinated enforcement campaign. The European Chemicals Agency (ECHA) has announced that the next EU-wide enforcement project (REF-16) will focus on compliance with restrictions laid down in the REACH Regulation, specifically those listed in Annex XVII of REACH. The project will also verify that substances subject to restrictions are present in products at concentrations below the applicable legal limits.
As part of the project, inspectors will also examine products sold online, continuing the approach adopted in previous and ongoing enforcement initiatives aimed at strengthening oversight of this increasingly important sales channel for chemical products.
Although inspections are not scheduled to begin until 2028, with the final report expected in 2029, companies should not view this as a distant issue. REACH Enforcement Forum (REF) projects often indicate the priorities of enforcement authorities for the coming years and highlight areas currently considered to pose the highest compliance risks. In practice, this may also encourage some national enforcement authorities to begin targeted inspections even before the official REF project starts.
What Will Inspectors Check Under REF-16?
The inspections will focus primarily on one key question:
Do products contain substances restricted under REACH at concentrations exceeding the permitted limits?
Inspectors are expected to verify, among other things:
- compliance of product composition with applicable REACH restrictions;
- documentation demonstrating compliance;
- information provided to downstream users and customers;
- products offered through online stores and e-commerce platforms.
The last point deserves particular attention. ECHA has announced that it will cooperate with the European Commission to better utilise inspection results in support of enforcing obligations applicable to online platforms under the Digital Services Act.
A separate pilot enforcement project will focus on tattoo inks and permanent make-up products. These products were selected because previous inspections identified a significant number of cases of non-compliance with REACH restrictions.
Why Now?
This is not a random choice. According to ECHA's Enforcement Forum, previous enforcement projects revealed a considerable number of non-compliance cases relating to REACH restrictions, particularly involving:
- products imported from outside the European Union;
- online sales;
- products marketed by non-EU suppliers.
This demonstrates that enforcement authorities intend to focus their efforts where the risk of non-compliance is greatest. It also forms part of a broader EU policy aimed at improving the competitiveness of products that fully comply with EU chemicals legislation.
More Than Just Annex XVII
During the same meeting, the Enforcement Forum also agreed on several additional initiatives.
Alongside REF-16, ECHA launched its first Rapid Enforcement Initiative (REI-1). This project is intended to enable swift enforcement action where companies have failed to update their REACH registration dossiers following changes to the harmonised classification and labelling of substances.
This sends a clear signal that ECHA intends to enforce not only the initial registration obligations under REACH but also the ongoing duty to keep registration dossiers up to date.
Biocidal Products Will Also Be Subject to Increased Scrutiny
The Forum's Biocides Subgroup also agreed that the next EU-wide enforcement project (BEF-4) will focus on the online sale of biocidal products.
Inspectors will verify, among other things:
- whether products are legally placed on the market;
- the validity of product authorisations;
- the presence of approved active substances;
- the information provided to online purchasers.
The project also aims to strengthen cooperation between enforcement authorities in different Member States where biocidal products are sold across borders into markets in which they are not authorised.
What Does This Mean for Companies?
Although the first inspections are planned for 2028, companies should not postpone preparations.
It is advisable to review now:
- whether products contain substances subject to REACH restrictions;
- whether documentation demonstrating compliance with the applicable limits is available, including analytical test results where appropriate;
- whether information published on websites and online stores is complete and compliant with legal requirements;
- whether REACH documentation and Safety Data Sheets are fully up to date.
The direction of travel is becoming increasingly clear. Enforcement activities will no longer focus solely on manufacturers and importers. Greater attention is being paid to online sales, including products offered through online marketplaces and e-commerce platforms.
Conclusions
ECHA's announcement confirms that the priority of EU enforcement authorities is increasingly shifting towards more effective enforcement of existing legislation rather than the introduction of new regulatory requirements. Particular emphasis will be placed on compliance with REACH restrictions and on online sales, which have repeatedly been identified as significant sources of non-compliance.
For companies, this is an appropriate time to review product composition, technical documentation, analytical evidence and customer-facing information. In practice, taking these steps now can significantly reduce the risk of non-compliance during future inspections.
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