On December 10, 2025, ECHA published the results of the control plan, carried out during 2024, for the REF-12 project detecting an alarming rate of non-compliance with the REACH Regulation for imported products.
The most critical data concerns mixtures: 32% of the substances contained in them do not comply with registration obligations.
Consumer articles also present serious irregularities, with 16% violating restrictions on hazardous substances.
These shortcomings are not simple formalities: they lead to the blocking of goods at customs, their destruction, and the application of penalties, with a direct economic impact for companies.
What is the REF-12 project and why does it concern economic operators?
Knowing the results of control projects like REF-12, part of the REACH-EN-FORCE program, is a strategic move for every economic operator.
These reports offer a clear view of the priorities of surveillance authorities and, consequently, of the areas of greatest risk for those importing products into the European single market.
The project involved 29 countries that carried out 2,603 checks on substances, mixtures, and articles, focusing on Registration, Restriction, and Authorization obligations of Regulation 1907/2006/EC (REACH).
The REF-12 report is the result of a vast European control campaign to verify the compliance of imported products with the REACH Regulation, an initiative that defines future market surveillance strategies.
What were the areas of greatest criticality that emerged from these checks?
REACH Registration: the hidden risk in mixtures
While many companies focus on the registration of pure substances, the REF-12 report demonstrated that the greatest risk of non-compliance lies in imported mixtures, an often underestimated area.
The data highlights a clear disparity compared to substances imported as such.
| Type of imported product | Non-Compliance Rate (Registration Obligations) |
|---|---|
| Substances in mixtures | 32% |
| Pure substances | 7% |
This data is a direct warning for every importer: authorities have shifted focus to formulated products.
Ignoring the compliance of every substance in a mixture is no longer an option; it is a certain financial liability.
As highlighted by the report itself, this high percentage of irregularities is attributable to poor knowledge of REACH obligations by importers, who omit verifying the registration of every single substance in the formulations they purchase.
Beyond registration obligations, the report also shone a light on violations of restrictions for consumer articles.
Restrictions: jewelry and toys under the magnifying glass
Controls on restrictions, defined in Annex XVII of the REACH Regulation, are crucial for ensuring consumer safety.
The REF-12 report confirms the persistence of non-compliance in widely used product categories, with irregularity rates requiring maximum attention.
Data confirms that costume jewelry remains a high-risk category, with a worrying increase in non-compliance related to Nickel.
- General non-compliance rate (restrictions): 16%.
- Jewelry: 18% non-compliant (with a peak of 20% for Nickel, a figure more than doubled compared to previous years’ checks).
- Toys: 7% non-compliant.
- Textiles and footwear: 5% non-compliant.
Although Chinese products are the most checked, it is India that presents the highest risk, with a disconcerting 64% non-compliance detected on inspected products. This figure positions imports from the region as an extremely high-risk activity for restrictions on jewelry and other articles.
Detecting a non-compliance is not a purely formal act, but activates a series of penalties and measures that have a direct impact on business.
REF-12 Control Results
| Product Category / Scope | % Non-Compliance | Reasons for non-compliance and specific details |
|---|---|---|
| REGISTRATION OBLIGATIONS | 18% (Global) | Failure to register imported substance. |
| Substances in mixtures | 32% | High rate is due to lack of knowledge or willingness of importers to register substances contained in mixtures. |
| Substances as such | 7% | Significantly lower non-compliance rate compared to mixtures; most are registered by Only Representatives (OR) or importers. |
| RESTRICTION OBLIGATIONS (Articles and Mixtures) | 16% (Global) | Violation of Annex XVII conditions (presence of restricted substances above threshold). |
| Jewelry / Costume Jewelry | 18% | Violations related to heavy metals: Nickel (20%): high non-compliance due to improved screening methods. Cadmium (5%) Lead (4%). |
| Toys | 7% | Mainly due to the presence of Phthalates (6%) in toy plastic. |
| Textiles and Footwear | 5% | Chromium VI in leather articles/footwear: 16% non-compliance. Formaldehyde in textiles/footwear: 7% non-compliance. |
| Articles containing Asbestos | 25% | Asbestos found in parts of radio-controlled cars (modeling); the restriction is old but poorly understood outside the EU. |
| Plastic accessories | Variable | PVC bathroom accessories: 44% non-compliance for Phthalates. |
| Superglues | 0% | No non-compliance found for Benzene, Chloroform, or Toluene. |
| De-icing fluids | 0% | No non-compliance found for Methanol. |
| Toilet blocks (Preparations) | 50% | Very small sample (2 checks), violation found for 1,4-dichlorobenzene. |
| AUTHORIZATION OBLIGATIONS | 29% (Total cases) | Lack of valid authorization or errors in customs declaration. |
| Substances in Annex XIV | 19% (REACH violations) | Missing or expired authorization (e.g., chromates, UV-328). Errors in using TARIC certificate codes. |
Non-compliance by country of origin
| Country of Origin | Non-Compliance Rate (Registration) | Non-Compliance Rate (Restrictions) | Observations and key details |
|---|---|---|---|
| China | 16% | 13% | It is the country with the highest volume of inspected products (1334 total cases). Violations concern a wide range of products: jewelry (heavy metals), toys (phthalates), asbestos in radio-controlled car parts, and chromium VI in leather. |
| India | 19% | 64% | Critical rate for restrictions: 64% of articles checked from India were non-compliant. Main violations concern restrictions in articles such as jewelry (cadmium, lead, nickel). |
| Turkey | 48% | 5% | Critical rate for registration: almost half of substances imported from Turkey were not correctly registered. Conversely, compliance rate for restricted articles is very high (only 5% non-compliance). |
| United Kingdom (UK) | 28% | 8% | High non-registration rate is likely a consequence of Brexit: registrations made in the UK became invalid and had to be transferred or redone in the EU, which did not always happen. |
| United States (USA) | 7% | 6% | Presents the highest compliance rates among major trading partners for both registration and restrictions. |
| Thailand | Data not avail. | 3% | Excellent compliance regarding restrictions on exported articles. |
| Other Countries | 10% (average) | 6% (average) | Includes countries like Vietnam and Egypt (cited for Chromium VI in footwear) and Serbia (bathroom accessories). Includes South Africa, Kazakhstan, and Colombia for substances subject to authorization (chromium compounds). |
What are the consequences? Measures and penalties for non-compliance with REACH
The consequences of non-compliance with the REACH regulation are immediate and severe, as demonstrated by the actions taken by authorities during the REF-12 project.
The authorities’ message is strong and clear: non-compliant products do not enter the European market.
The measures applied directly affect the importer’s profitability, with a clear distinction between actions taken before and after customs release.
- Customs Action: for non-compliances detected before release, in 88% of cases the goods were not released for free circulation. This means the products were blocked, destroyed, or re-exported at the importer’s expense.
- National Authorities Action: for irregularities found after placing on the market, the most frequent measures were written advice (37%) and formal orders with prescriptions (17%), which can lead to administrative and criminal penalties.
For an economic operator, a customs block represents a total economic loss on the investment. Administrative penalties, on the other hand, entail significant legal and financial consequences, as well as reputational damage.
Other REACH-EN-FORCE (REF) projects:
- REF-13: controls on chemical products sold online (controls carried out in 2025, report to be published at the end of 2026).
- REF-14: classification, labeling, and packaging of hazardous mixtures (controls to be carried out in 2026, report to be published at the end of 2027).
Frequently Asked Questions (FAQ)
How can I check if a substance in a mixture I import requires REACH registration?
You must identify each substance in the mixture. If the imported quantity exceeds 1 tonne per year, you must ask your supplier for proof of registration (REACH registration number) or verify that their Only Representative (OR) in the EU has fulfilled the obligation.
My non-EU supplier assures me the product is compliant. Is this guarantee sufficient?
Absolutely not. In the EU, the supplier’s declaration has null value without objective evidence. Legal liability lies solely with the importer, who has the obligation to verify and document conformity through valid test reports from accredited laboratories.
What does it mean in practice that 88% of goods were not “released for free circulation”?
It means the goods were permanently blocked at customs. For the importer, this resulted in a total economic loss: the products were destroyed, sent back to the sender at their expense, or otherwise never reached the market to be sold.
Why has nickel non-compliance in jewelry increased so much?
The report suggests the increase is due to intensified border controls. Customs authorities are increasingly using rapid screening tools (such as XRF), which allow for the identification of a larger number of non-compliant products more efficiently and quickly.
What is the first step to avoid these penalties and problems with the REACH regulation?
Implement a due diligence process. The first step is to precisely map the REACH obligations applicable to your products, systematically request conformity documentation from suppliers, and perform spot tests based on a risk assessment.
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