The European Ombudsman has formally criticized the European Commission (EC) for maladministration related to its handling of chemicals under the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH) framework (FPF reported). In a recommendation addressed to the EC on October 17, 2024, the Ombudsman reports both extensive delays in the authorization process and a lack of transparency (FPF reported).
REACH was established to phase out or regulate the use of chemicals deemed “of very high concern” and requires companies to apply for authorizing the use of such substances. However, the Commission frequently misses the legal deadline of three months for processing the applications and preparing a draft decision. The Ombudsman’s report reveals that it takes on average 14.5 months to complete this step – and in some cases even several years, according to the article accompanying the recommendation.
The Ombudsman’s findings also point to a lack of transparency within the REACH decision-making process, noting that little information is publicly available about the discussions or rationale behind decisions made by the REACH committee.
In a press release from the civil society organization ClientEarth, Hélène Duguy, legal expert of ClientEarth, states: “The Ombudsman’s investigation shows how reckless the EU Commission has been with chemicals rules. Yet those rules are there for a reason – to protect people’s health. This unacceptable behaviour undermines the rule of law and people’s trust in EU institutions. It’s now time that EU officials pay heed to the Ombudsman’s recommendations and prioritise public interest over the profits of toxic companies.”
References
European Ombudsman (October 17, 2024) “Recommendation on the risk management of dangerous chemical substances by the European Commission (case OI/2/2023/MIK).”
European Ombudsman (October 21, 2024) “Commission delays concerning decisions on dangerous chemicals is maladministration, says Ombudsman.”
ClientEarth (October 21, 2024) “EU delayed bans for dangerous chemicals: Ombudsman.”
