On Monday 21 October, the European Ombudsman, Emily O’Reilly, declared that the delays in preparing decisions on the authorisation of dangerous chemical substances represented a threat to human health and the environment and were the result of maladministration by the European Commission.
Companies wishing to use chemical substances that have been deemed as “of very high concern” must apply to the Commission for authorisation under the REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) regulation. The Commission then presents a draft decision to the REACH Committee, composed of Member State representatives, who vote on authorisation. This is where the process seems to slow down.
The Ombudsman points out that instead of the three months required to prepare draft decisions, the European Commission takes an average of 14.5 months. During this time, she adds, companies can continue to use chemical substances that are potentially “carcinogenic, mutagenic, toxic for reproduction or have endocrine disrupting properties”.
The Commission should ensure that companies submit applications that contain all the necessary information and prioritise the rejection of applications that do not, says the European Ombudsman. Companies that have their applications rejected would no longer be able to use the chemical substances in the EU, Ms O’Reilly added. For her, the danger is that these chemicals can be used as long as the application for authorisation is in progress, which represents a risk for citizens and the environment.
According to the Ombudsman, the maladministration stems from the lack of transparency in the REACH Committee’s deliberations, and that the summaries of these meetings should be more “substantial”. (Original version in French by Florent Servia)