The European Chemicals Regulation REACH seeks to ensure a high level of protection of human health and the environment. This includes phasing-out ‘substances of very high concern’ (SVHCs). SVHCs can, for example, cause cancer, affect the endocrine system or are otherwise toxic and do not degrade in the environment. The REACH Authorisation regime requires industry to refrain from using these chemicals – unless they are granted authorisation. While companies are permitted to continue using these chemicals under specific protective conditions, they are ultimately expected to transition away from these harmful substances.
A 2023 report from the European Chemicals Agency (ECHA) reveals that 40% of companies across the EU do not meet their obligations under REACH Authorisation. Given the significant risks these substances pose, the high non-compliance rate uncovered by ECHA is alarming. Even more concerning is the lenient enforcement response to such widespread non-compliance. Additionally, beyond the ECHA report, there is a troubling lack of publicly available information regarding the enforcement of chemicals regulations, including the Authorisation regime.
In light of these findings, ClientEarth initiated an investigation to understand and expose the factors contributing to the low levels of enforcement of REACH authorisations, focusing on three case studies (France, Germany, and Spain) and the division of responsibilities between Member States, the European Commission, and the Enforcement Forum in ECHA.
Supplementary information can be found here