Brussels, 1 July 2025
The European Ombudsman has closed an inquiry into how the European Commission decides on applications by companies for authorisations of particularly dangerous chemicals and concluded that it has failed to address the issue of lengthy delays in the process.
The Commission takes on average 14.5 months to prepare draft decisions although the deadline for doing so is three months. Last year the Ombudsman found maladministration and asked the Commission to take certain steps to improve the situation.
However, in its response, the Commission did not address the Ombudsman’s recommendation to review its lengthy internal procedures, nor did it accept the Ombudsman’s recommendation that applications containing insufficient information be promptly dismissed so that those companies can no longer use the dangerous substances in the EU.
Overall, the Commission did not present a comprehensive plan for addressing the delays.
The Ombudsman reiterates that the Commission needs to take further steps to fully implement the goals of the REACH regulation and recent case law to avoid the lengthy delays in the risk management of chemical substances.
REACH Regulation
Under the EU Regulation on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), companies wishing to use chemical substances that have been deemed as ‘of very high concern’ and included in the list of substances subject to prior authorisation must apply for authorisation from the Commission.
The Commission then presents a draft decision to the REACH Committee, composed of Member State representatives, who vote on authorisation.
While the authorisation process is ongoing, the companies concerned can continue using the substances in the EU – substances that may be carcinogenic, mutagenic, toxic for reproduction, or have endocrine disrupting properties.
Related documents – Case OI/2/2023/MIK
- The risk management of dangerous chemical substances by the European Commission
- Recommendation on the risk management of dangerous chemical substances by the European Commission (case OI/2/2023/MIK)
- Decision on the risk management of dangerous chemical substances by the European Commission (case OI/2/2023/MIK)
- Report on the meeting of the European Ombudsman inquiry team with representatives of the European Commission on the risk management of dangerous chemical substances by the European Commission
- Report on the meeting of the European Ombudsman inquiry team with representatives of the European Commission regarding its risk management of dangerous chemical substances
- Opinion of the European Commission on a recommendation from the European Ombudsman own initiative inquiry on the risk management of dangerous chemical substances by the European Commission
- Commission delays concerning decisions on dangerous chemicals is maladministration, says Ombudsman
- Ombudsman opens inquiry into delays related to risk management of dangerous chemicals
- The risk management of dangerous chemical substances by the European Commission
Other documents
- Comments of the European Commission on the European Ombudsman’s Own initiative inquiry on risk management of dangerous chemical substances by the European Commission
- Request for reply from the European Ombudsman to the European Commission on the risk management of dangerous chemical substances by the European Commission
- Reply by the European Commission to the European Ombudsman’s Own initiative inquiry on the risk management of dangerous chemical substances by the European Commission
Case chronology: OI/2/2023/MIK
- Opened on Thursday | 08 June 2023
- Recommendation on Tuesday | 01 July 2025 –
- Decision on Friday | 27 June 2025
- Institution concerned: European Commission ( Maladministration found ) –
- Country: France
- Inquiry opened: 08/05/2023
- Inquiry ongoing: 08/06/2023
- Preliminary outcome: 17/10/2024
- Inquiry outcome: 27/06/2025
Source – EU Ombudsman