REACH penalties differ throughout the European Union

Art. 126 REACH rules that penalties for non-compliance with the REACH regulation have to be determined and implemented by the member states. The understanding, however, of effective, proportionate and dissuasive penalties seems to be very different in the member states.

Whilst the United Kingdom has criminal penalties for non–compliance with the registration of ~ € 5.606 (£ 5000), the comparable penalties in Poland may mount up to ~ € 4.761.904 (PLN 20.000.000), depending on the revenue of the legal person in the year the crime was committed. Italy’s criminal penalties on non-compliance of registration are decided on a case by case decision depending on the qualification of the criminal offence and the severity.

In addition to the criminal penalties, most member states also impose administrative penalties in cases of negligence. On top of this, already small administrative penalties can lead to entries in the central register of trade and industrial offences.