European Ombudsman calls for greater openness from European Chemicals Agency on animal testing

In an important ruling for openness, the European Ombudsman has issued a draft recommendation that the European Chemicals Agency (ECHA) in Helsinki should disclose all the background documents to its decisions to order particular animal tests. The request was made  by the BUAV.

Under REACH, the EU chemicals legislation, companies have to get permission from ECHA before carrying out animal tests on chemicals sold at particular quantities. In 2012, ECHA accepted proposals for the animal-testing of three chemicals to assess whether they might damage people’s ability to reproduce. The BUAV was concerned that the decisions appeared contrary to REACH rules and therefore asked to see the background documents.

ECHA rejected the request, arguing that disclosing background documents would undermine its decision-making and lead to unfair lobbying of Member State representatives.  Representatives would be likely to self-censor if they knew draft decisions and amendment proposals might become public. Releasing complicated material could also mislead the public. The BUAV countered that it was an insult to the scientific integrity of decision-makers to suggest they would give anything other than their honest opinion, and in any event there would be no point lobbying decision-makers after a decision had been taken.

In her draft recommendation, the European Ombudsman Emily O’Reilly has roundly rejected ECHA’s arguments. Denying the public information simply because they might not understand it could appear "overbearing and paternalistic". EU institutions release complicated documents on a daily basis, and ECHA could always publish explanations when disclosing documents. O’Reilly also said that it was ‘entirely legitimate’ for NGOs and others to seek to influence ECHA with scientific arguments, and this could indeed lead to better decision-making.

ECHA must now decide whether to accept the draft recommendation.

Dr Katy Taylor, BUAV head of science, said: "We warmly welcome the Ombudsman’s approach. The BUAV has long been concerned that ECHA does not fulfil its obligations of ensuring that animal testing under REACH only takes place as a last resort. Opening up the decision-making process is key to ensuring that it does."

The Ombudsman’s draft recommendation can be found here.

The BUAV requested three draft ECHA decisions, comments on them by companies registering the chemicals, proposals by Member States to amend the draft decisions and cover letters for the final decisions. The request was made under the EU freedom of information legislation, Regulation 1049/2001.

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