Recently, the European Chemicals Agency (ECHA) forum released the investigation results of the 11th Joint Enforcement Project (REF-11): 35% of the safety data sheets (SDS) inspected had non compliant situations.
Although the compliance of SDS has improved compared to early enforcement situations, more efforts are still needed to further improve the quality of information in order to better protect workers, professional users, and the environment from the risks posed by hazardous chemicals.
Law enforcement background
This enforcement project will be conducted in 28 European Economic Area countries from January to December 2023, with a focus on checking whether Safety Data Sheets (SDS) comply with the revised REACH Annex II (COMMISSION REGULATION (EU) 2020/878) requirements.
This includes whether SDS provides information on nanomorphology, endocrine disrupting properties, authorization conditions, UFI coding, acute toxicity estimates, special concentration limits, and other relevant parameters.
At the same time, the enforcement project also examines whether all EU companies have prepared compliant SDS and proactively communicated it to downstream users.
Enforcement results
Staff from 28 EU European Economic Area countries inspected over 2500 SDS and the results showed:
35% of SDS are non compliant: either because the content does not meet the requirements or SDS is not provided at all.
27% of SDS have data quality defects: common issues include incorrect information regarding hazard identification, composition, or exposure control.
67% of SDS lack information on nanoscale morphology
48% of SDS lack information on endocrine disrupting properties
Enforcement measures
In response to the aforementioned non-compliance situations, law enforcement authorities have taken corresponding enforcement measures, primarily issuing written opinions to guide relevant responsible persons in fulfilling compliance obligations.
The authorities also do not rule out the possibility of imposing more severe punishment measures such as sanctions, fines, and criminal proceedings on non compliant products.
Important Suggestions
BTF suggests that companies should ensure the following compliance measures are completed before exporting their products to Europe:
1.The EU version of SDS should be prepared in accordance with the latest Regulation COMMISSION REGULATION (EU) 2020/878 and ensure compliance and consistency of all information throughout the document.
2.Enterprises should enhance their understanding of SDS document requirements, improve their knowledge of EU regulations, and pay attention to regulatory developments by consulting regulatory Q&A, guidance documents, and industry information.
3.Manufacturers, importers, and distributors should clarify the purpose of the substance when producing or selling it, and provide downstream users with the necessary information for checking and transmitting special approval or authorization related information.
Post time: Dec-09-2024
