National Inspectorates - Belgium

Belgium has an enforcement structure composed of several federal and regional authorities acting on their own competency. Direct surveillance of compliance and law enforcement is executed by inspection services and legal authorities while indirect enforcement of compliance is executed by permitting authorities.

• Inspection services: organise proactive inspection campaigns and report on non-compliance to the public prosecutor or to an administrative legal authority which can then be followed by legal proceedings, leading eventually to criminal or administrative penalties; sanctions can be imposed to force compliance
• Permitting authorities: these regional authorities can refuse a demand for an operating license or impose special conditions to bring about REACH compliance

Inspectors, when conducting control visits have the power, for example, to force the presentation of information and take samples. When non-compliance is suspected or detected, they can take measures such as giving recommendations or warnings, reporting to judicial authorities, seizing goods, stopping activities, banning imports.

In principle, all the recommendations of ECHA's Forum regarding harmonized campaigns throughout the EEA are followed in Belgium.

Enforcement authorities, including Customs, liaise via a national forum to maximize the useful effect of enforcement initiatives while minimizing the efforts required from public authorities and from legal persons.

Enforcement authorities:

• Health and Environment Inspection
  (competent for checking obligations concerning placing on the market including import)
• Labour Inspection
  (competent for checking obligations concerning manufacture and use focused on worker protection)
• Flanders Environment inspection
  (competent for checking obligations concerning manufacturing and use with focus on environment protection)
• Brussels Environment inspection
  (competent for checking obligations concerning manufacturing and use with focus on environment protection)
• Wallonia Environment inspection
  (competent for checking obligations concerning manufacturing and use with focus on environment protection)

REACH enforcement

Federal Public Services

• Health and Environment Inspection
• Labour Inspection

Regional Governments

• Flanders Environment inspection
• Brussels Environment inspection
• Wallonia Environment inspection

CLP enforcement

Federal Public Service

• Health and Environment Inspection

PIC enforcement

Federal Public Service

• Health and Environment Inspection

Biocidal Products enforcement

Federal Public Service

• Health and Environment Inspection

POP enforcement

Federal Public Service

• Health and Environment Inspection

Regional Governments

• Flanders Environment inspection
• Brussels Environment inspection
• Wallonia Environment inspection

Further information

A synoptic overview has been prepared with information on:

• legal basis for enforcement
• penalties for violations
• enforcement authorities’ addresses
• enforcement authorities’ websites