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' or to cause or permit another person to do so.
The Enforcement Regulations allow for a person in breach of a listed REACH provision to be tried summarily (e.g. in Magistrates Courts) or on indictment (e.g. in Crown Courts). The same potential maximum penalty applies for each provision, namely up to the maxima permitted under the European Communities Act 1972. These are:
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 other criminal offences. These include obstruction of inspectors, providing false statements, failing to comply with enforcement notices, and so on. These additional offences are also the subject of penalties, which are the same as those above.