EU Ombudsman Critiques Commission for Delays in Chemical Authorisation
The European Commission’s systematic delays in authorising hazardous chemicals have been deemed a form of “maladministration” by the EU Ombudsman, Emily O’Reilly. This troubling practice poses significant risks to both human health and the environment. According to EU law, the Commission is mandated to present a draft decision within three months following a request for a permit to continue using a banned chemical substance. Such permits can be granted if a producer or manufacturer can convincingly demonstrate that the risks are manageable and that no viable alternatives exist.
However, findings from an investigation initiated by O’Reilly last year, which were made public today, reveal that the EU executive takes an average of over 14 months to make these crucial decisions, with some cases extending to several years.
‘Threat to Health’
O’Reilly’s office stated, “These delays pose a serious threat to public health and ecosystems, as companies are permitted to continue using chemical substances that may be carcinogenic, mutagenic, toxic for reproduction, or exhibit endocrine-disrupting properties during the lengthy authorisation process.” Environmental advocates have long expressed concerns over the slow pace of the EU’s chemical restriction measures.
The European Environmental Bureau (EEB), a coalition of NGOs, argues that this investigation clearly indicates that EU officials have violated the law by postponing bans on dangerous chemical substances for nearly two decades. In contrast, the Commission attributes these delays to the intricate procedures outlined in the EU’s primary chemicals regulation, known as REACH.
In a publicly available response to the Ombudsman’s initial inquiry, the Commission mentioned in August that it generally refrains from moving forward with votes on these decisions unless there is assurance of adequate support from the EU’s 27 member states. These representatives convene in a committee of government delegates that meets behind closed doors in Brussels. Additionally, the Commission cited the “limited availability of suitable meeting rooms at Commission premises” as another factor contributing to the delays.
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Tatiana Santos, a chemicals specialist at the EEB, criticized the Commission for allowing political considerations to influence its decisions. “The issue at hand is the Commission’s failure to even draft a proposal for a vote,” she explained to Euronews. “They often argue that internal political discussions are necessary within the Commission. However, these discussions should occur in the REACH Committee, not within the Commission itself.”
O’Reilly also condemned the lack of transparency surrounding the committee’s operations, concluding that the Commission’s failure to maintain transparency is another example of maladministration. The public records of these meetings provide minimal information about the reasons for the delays or the stances of individual governments involved, according to her findings.
‘Reckless’
Hélène Duguy, representing the legal charity ClientEarth, described the findings as indicative of a “reckless” approach to chemicals regulation. “This unacceptable behaviour undermines the rule of law and erodes public trust in EU institutions,” she stated. “It is imperative that EU officials heed the Ombudsman’s recommendations and prioritize public health over the profits of toxic chemical companies.”
The Commission acknowledged the Ombudsman’s criticisms, stating that it had “taken note” of the concerns raised. A spokesperson commented, “Some of these procedures for adopting these decisions are quite complex, and certain timelines are beyond the Commission’s control.” The Commission has a three-month period to respond in detail but has expressed a willingness to explore improvements to its internal processes.
President Ursula von der Leyen had previously committed to “simplifying” regulations during her second term, having faced criticism for delaying a planned revision of the REACH regulation in her first term.
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Environmentalists are increasingly wary that the ambitious Green Deal agenda, which characterized von der Leyen’s first term, may be overshadowed by a renewed emphasis on industrial competitiveness in her second term, potentially compromising environmental standards. Jessika Roswall, the Commissioner-designate for environment, is set to oversee reforms in chemicals policy and is anticipated to encounter a challenging parliamentary hearing on November 5. Green MEP Jutta Paulus expressed hope that both Roswall and Stéphane Séjourné, who is poised for the industrial portfolio, would demonstrate a firm commitment to upholding health and environmental standards. “They must assure us that the simplification of REACH will not undermine protections, but rather expedite the regulation of hazardous substances and entire groups of chemicals,” Paulus urged.
