The European Commission has acknowledged issues raised by the European Ombudsman about delays in regulating hazardous chemicals under the REACH Regulation. The inquiry focused on the time the Commission takes to adopt measures based on the European Chemicals Agency’s (ECHA) recommendations and the transparency of the decision-making process. The European Commission’s comments were published on August 26, following the initial inquiry on June 8, 2023.
Civil society groups raised issues regarding the slow inclusion of hazardous substances in REACH’s Annex XIV, adoption of restrictions, and authorization decisions. The Ombudsman expressed concern that these delays could impact public health and the environment. Additionally, there were calls for more transparency in the Commission’s decision-making procedures (FPF reported).
In response, the Commission recognizes these concerns but highlights the complexity of REACH, describing it as one of the world’s most comprehensive chemical regulatory frameworks. The Commission explained that internal negotiations, technical challenges, and the need for thorough analysis often lead to delays. It also emphasized that ECHA’s recommendations are not binding, requiring additional assessments by the Commission before adopting measures.
The Commission agreed about the need to improve efficiency and noted ongoing efforts, including increased collaboration with ECHA, to streamline processes. Ursula von der Leyen, the newly re-elected President of the European Commission, has proposed simplifying REACH as part of a broader package of reforms for the chemicals industry, according to reporting from ChemTrust on July 18, 2024.
In the past, stakeholders have expressed concerns over the continued delays in the REACH revision and have called for improvements in the regulatory process (FPF reported and here).
References
European Ombudsman (August 24, 2024). “The risk management of dangerous chemical substances by the European Commission.”
Eline Schaart (September 4, 2024) “Commission admits REACH deadlines ‘unrealistic’ in probe by EU watchdog.” Chemical Watch News & Insight
Michael Warhurst (July 18, 2024) “European Commission President von der Leyen is re-elected and re-commits to European Green Deal and revision of EU chemicals law REACH.”
European Environmental Bureau (April 11, 2022) “NGO key demands to improve REACH.”
