National Inspectorates - Austria
In Austria enforcement of chemicals legislation is the competence of the State Governors of the nine Federal States acting as indirect federal administration under the supreme authority of the Federal Ministry of Agriculture, Forestry, Environment and Water Management. The enforcement authorities and inspectors are located in the State Government Services of the nine Laender. Besides having the competence for REACH, CLP and the export/import Regulation, the competence for enforcement of chemicals legislation comprises also other European legislation for dangerous substances / preparations, detergents, persistent organic pollutants, ozone depleting substances, flourinated gases and biocidal products.
The nine chemicals enforcement authorities have regional competence for the Laender:
The Umweltbundesamt is contributing to enforcement activities as the central laboratory unit for sample analysis and in providing specific expertise. The Austrian Chemicals Act also foresees that customs authorities are involved in enforcement of chemicals legislation.
Inspectors have the power to perform investigation on-site at all levels of the supply chain, to force the presentation of information and to take samples. In case non-compliance is suspected or detected, an individual inspector as well as the nine enforcement authorities can take measures such as giving warnings, requiring corrective measures or seizing goods. Identified cases of non-compliance are also reported to judicial authorities for sanctioning.
The nine enforcement authorities conduct regular inspections at relevant companies and perform surveillance of relevant products in the Austrian market. This also includes checking of importers. Common efforts of the enforcement authorities are focused in regular joint enforcement projects.
Since many years authorities and institutions involved in chemicals enforcement meet regularly in a committee and in ad hoc working groups and conduct common trainings in order to ensure harmonised enforcement of REACH, CLP and the export/import Regulation based on a joint planning.
More information on the Austrian chemicals inspection is available at the website ( http://www.umweltbundesamt.at/umweltsituation/chemikalien/kontrolle/chemkontroesterreich/ ) of the Environment Agency Austria.