EU chemicals companies repeatedly go unpunished for putting toxic substances on the market, new report shows

December 2024

The most harmful chemicals, including carcinogens, are used illegally in the EU. This exposes workers, and potentially communities and the environment, to considerable danger, a new report by environmental law organisation ClientEarth reveals.

Under the EU chemical flagship law REACH, the most harmful substances (classified as ‘of very high concern’) may only be used in the EU if an authorisation has been granted for a specific use – this is known as the Authorisation regime. The aim of Authorisation is to make sure hazardous substances are substituted with safer alternatives wherever possible.

But previous data revealed that 40% of companies inspected fail to comply with their legal duties under the Authorisation regime. ClientEarth’s new report exposes the reasons behind this number and details the serious lack of enforcement of EU chemical rules among EU-based companies, as well as a huge lack of transparency. Their findings include:

1. Inspections are rare and non-compliance rarely sanctioned. Fines are almost non-existent in the countries investigated; instead, ”written advice”, letters from the competent authority or formal notices are the most common sanction given by national enforcement bodies.
2. The European Commission has never withdrawn an authorisation, even when non-compliance was detected.

1. European authorities have no oversight of enforcement practices at national level and do little to know more.

1. When ClientEarth sent Access to Information requests in Spain, France and Germany, Germany and Spain refused to share any data that would go beyond what is already in the public domain. For example, Germany went to great lengths to keep the identity of companies that violate the regulations secret. According to the European Chemicals Agency, Germany said it could leave the Agency's ‘Enforcement Forum’ if this information was shared with us.

ClientEarth legal expert Hélène Duguy said: “People likely think they’re protected from dangerous chemicals by EU lawmakers. What our report shows is that the reverse is true. The problem is two-fold: on the one hand, European authorities are blatantly failing to enforce the rules and punish the rule-breakers. On the other hand, weak enforcement reinforces illegal business behaviour, and a sense of impunity for companies.

“Hiding this reality from the public only reinforces authorities’ lack of accountability. People have the right to know what chemicals they might be exposed to and what is done about it.”

A majority of non-compliance cases pertain to chromium trioxide – a chemical made famous by Erin Brockovich and which continues to be widely used in the EU. This chemical causes cancer and gene mutation, and is suspected to be toxic to reproduction. It is used in industrial settings, for example as a protective, or sometimes simply decorative coating for metal products. Workers are particularly at risk, as they are directly exposed to these chemicals. Over 1,000 sites across Europe are currently using chromium trioxide for surface treatment and plating.

Duguy added: “The current system enables extremely dangerous chemicals, like chromium trioxide, to be used unsafely on the market even when they have been blacklisted by authorities. Gentle reminders to comply will not suffice. We need to stop this madness.”

ClientEarth lawyers urge authorities to seize responsibility, at Member State level, by rigorously detecting and punishing illegal chemical uses, and publishing the results of their work. At EU level, the Commission must step in and withdraw authorisations previously granted if non-compliance is observed.