A recent investigation by the EU Ombudsman, Emily O’Reilly, has revealed systematic delays by the European Commission in making decisions on the authorisation of dangerous chemicals. These delays, which can sometimes extend to several years, have allowed highly dangerous substances to remain on the market, posing a significant threat to human health and the environment.
The Commission is required by law to make a decision within three months of a request for the use of a banned substance, but the average time taken is over 14 months. Environmental campaigners have long criticized the slow pace of the EU chemicals restriction process, with the European Environmental Bureau accusing EU officials of breaking the law by delaying bans on dangerous chemicals for nearly two decades.
The Commission has cited the complicated process outlined in the EU’s main chemicals regulation, REACH, as the reason for the delays. However, critics argue that political considerations and lack of transparency within the Commission play a major role in the delays.
The Ombudsman’s findings have been met with criticism from environmentalists and legal experts, who describe the delays as reckless and undermining the rule of law. The Commission has pledged to examine how internal procedures can be improved in response to the Ombudsman’s recommendations.
Concerns remain about the potential impact of the delays on EU environmental standards, as the Commission shifts its focus towards industrial competitiveness. Commissioner designate for environment, Jessika Roswall, faces a tough parliamentary hearing on 5 November, where she is expected to address concerns about maintaining health and environmental standards in the face of regulatory simplification.
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