National Inspectorates - Spain

Authorities responsible for REACH and CLP enforcement

As defined in the Spanish Sanctions Regime Law, the responsibility for REACH and CLP enforcement in Spain lies with the regional authorities from the 17 Autonomous Communities. Each of them has its own legal arrangements to organise enforcement.

At the central level, there are two Competent Authorities for REACH and CLP responsible for implementing REACH and CLP, for the protection of the environment and of human health. These two authorities help in the coordination of all Spanish Enforcement Authorities.

The Ministry for Ecological Transition and Demographic Challenge is the Competent Authority for the environmental issues of the REACH and CLP Regulations. On the other hand, the environmental departments of the Autonomous Communities are the authorities regarding enforcement of environmental aspects of these regulations. The Ministry for Ecological Transition and Demographic Challenge organizes annually a conference with all the General Directors for the Environment of the Autonomous Communities. The objectives of this conference are, among others to inform about amendments, new obligations in REACH and CLP (for example new restrictions in force).

The Ministry of Health coordinates the public health authorities of the regions through a public health inspectors' coordination group. It has established a Rapid System on Information Exchange on Chemicals (SIRIPQ), which allows regional public health inspectors to exchange information on cases of non-compliance. ICSMS might also be used for this objective and for the communication of non-compliance cases with other EU authorities.

Authorities responsible for BPR enforcement

In Spain, the Competent Authorities (CA) for the BPR are:

• Ministry for Health (DG Public Health and Health Equity – Sub-DG Environmental and Occupational Health), which maintains the national and European Registers for Biocides, acts as a leader on general and human health issues in the biocidal active substances and products assessments and coordinates enforcement activities of the regional Authorities. It is also the Contact Point among the regional Authorities, the European Commission and other European BPR CA.
• Ministry for Ecological Transition and the Demographic Challenge (DG Environmental Quality and Evaluation), which acts as a leader on environmental health issues in the biocidal active substances and products assessments.

The BPR enforcement authorities (EA) are the regional Public Health Authorities from the 17 Autonomous Communities. They conduct regular projects on surveillance and enforcement of biocidal products within the Spanish market.

The Ministry of Health has also competence in coordination of activities on surveillance and enforcement, being part of the ECHA’s Forum for Enforcement Subgroup for BPR (BPRS). For these tasks, it uses the National Network for Surveillance, Enforcement and Control and the Rapid System on Information Exchange on Chemicals (SIRIPQ), which was set by the DG Public Health and the regional Health Councils. SIRIPQ is the alerts system, which allows exchanging information among the regional inspectors and the DG Public Health.

Authorities responsible for POP enforcement

In Spain, the Competent Authority (CA) for the POP Regulation is the Ministry for the Ecological Transition and the Demographic Challenge. The POP enforcement authority are the Regional Authorities “Autonomous Communities”, coordinated by the Ministry for the Ecological Transition and the Demographic Challenge. The Autonomous Communities conduct regular projects on monitoring and control within the Spanish market.

Authorities responsible for PIC enforcement

• Designated National Authority (DNA) at the Ministry for Ecological Transition and Demographic Challenge. The DNA oversees the processing the export notifications, helping importers and exports to solve doubts about their obligations to comply with PIC and collecting information about the imports and exports made by or from Spain and fulfilling with the rest of articles of PIC Regulation, as well as responsible of applying sanctions in case of non-compliances.
• Customs Service in charge of the control and documentary inspections at the Customs Office. Customs Service is integrated in the Treasury Ministry. This Service is responsible for checking all the customs declarations of exporters and importers of PIC substances and verify whether the company in question has the specific permit to import or export. In relation with exports, they need to verify through ePIC for Customs interphase, if the export notification is valid or not in order to allow the export of the substance.