Strengthen accountability

ClientEarth proposes comprehensive reforms to the REACH regulation to address deficient accountability systems. Key recommendations include creating clear, mandatory obligations for companies, harmonising enforcement across Member States, increasing transparency for public and investor due diligence, and establishing a robust system of dissuasive sanctions and compensation for health and environmental damages.

• Current REACH accountability systems are deficient, allowing many companies to escape rules. The document argues that broadening the role of the enforcement Forum alone will not solve the underlying lack of enforcement.
• To improve effectiveness, REACH should employ clear, specific, and mandatory obligations. For the most harmful substances, the default legal status of production and use should be shifted to illegal, as restrictions on placing substances on the market are often the most effective protective measures.
• Enforcement resources are currently insufficient because they rely on Member States with unequal resources and an ECHA struggling with capacity. The document proposes harmonising enforcement systems through common criteria, standards, and the creation of an EU audit system.
• REACH reform should mandate critical transparency to allow the public and investors to exercise due diligence. This includes publishing the names of parent companies, narrow tonnage bands for volumes on the market, exposure scenarios, and detailed information on companies covered by REACH authorisations.
• The public should be empowered to enforce REACH through formal mechanisms to provide ECHA with new studies, legal procedures to report non-compliance to national authorities, and increased access to justice for individuals and NGOs.
• Sanctions for REACH violations must be harmonised across the EU to ensure a level playing field and be genuinely dissuasive. Proposed measures include mandatory sanctions for specific breaches and fines based on a percentage of a company's annual turnover.
• The document advocates for a harmonised EU-level compensation system for health and environmental damages resulting from REACH violations. This would include a rebuttable presumption of causality to ease the burden of proof for victims and a minimum 5-year limitation period for claims.
• Manufacturers and importers should be obligated to provide pure chemical reference standards upon request to facilitate eco-monitoring and prevent companies from using patent claims to block scrutiny.

APA

Roger, A. (2022). Strengthen accountability. ClientEarth. https://www.clientearth.org/media/w2pniwe0/2204-clientearth_accountability_beyond_-enforceability_reach.pdf

Chicago

Roger, Apolline. Strengthen accountability. ClientEarth, 2022. https://www.clientearth.org/media/w2pniwe0/2204-clientearth_accountability_beyond_-enforceability_reach.pdf.

Wikipedia

{{cite press release |last1=Roger |first1=Apolline |title=Strengthen accountability |publisher=ClientEarth |date=April 2022 |url=https://www.clientearth.org/media/w2pniwe0/2204-clientearth_accountability_beyond_-enforceability_reach.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{roger2022strengthen, author = {Roger, Apolline}, title = {{Strengthen accountability}}, publisher = {ClientEarth}, year = {2022}, month = apr, url = {https://www.clientearth.org/media/w2pniwe0/2204-clientearth_accountability_beyond_-enforceability_reach.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }