European Ombudsman Criticises Delays in Managing Hazardous Chemicals Under REACH Regulation

On 17 October 2024, the European Ombudsman published a recommendation calling on the European Commission to address delays in the authorisation of dangerous chemical substances under the REACH Regulation. These delays, which average 14.5 months instead of the statutory three months, allow companies to continue using harmful chemicals, including carcinogens and endocrine disruptors, while decisions are pending. The Ombudsman’s inquiry found that the Commission’s internal procedures and incomplete applications by companies significantly slow down the process, sometimes extending decisions by years.

The REACH Regulation and its Objectives

The REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) Regulation aims to protect public health and the environment by regulating substances of very high concern (SVHCs). Companies applying for authorisation must demonstrate that the risks posed by the chemical are adequately controlled or that there are no suitable alternatives, often requiring extensive technical reviews. However, the Commission has struggled to meet deadlines, undermining the effectiveness of the Regulation in controlling hazardous chemicals in the EU.

Concerns about Transparency in Decision-Making

In addition to delays, the Ombudsman identified transparency issues, criticising the Commission for insufficient public access to the details of its decision-making. The Ombudsman recommended that the Commission publish more comprehensive reports of REACH Committee meetings and ensure that they are available before the next meeting. Greater transparency, the report suggests, will help the public to hold relevant stakeholders accountable for the prolonged decision-making process.

Recommendations for Improvement

To address these systemic issues, the Ombudsman recommends that the Commission streamline its internal procedures, enforce stricter data submission requirements on companies, and ensure greater transparency in the decision-making process. This would uphold the REACH Regulation's objectives of protecting human health and the environment from hazardous chemicals while ensuring timely action.