Summary
This position paper by Cefic addresses access to justice and collective redress in the context of the REACH revision. It underscores the role of private entities, including businesses and NGOs, in aiding enforcement by providing non-compliance data but asserts that public authorities should oversee enforcement actions and impose penalties. The paper cautions against standalone collective redress provisions within REACH, suggesting instead a ‘substantiated concerns’ mechanism to promote collaboration with enforcement authorities. Key safeguards to prevent abuse in collective redress systems are highlighted, noting that current EU regulations may not adequately ensure a balanced approach.
Key takeaways:
- Public enforcement of REACH should remain a priority, with private actors supporting by identifying non-compliance but not imposing penalties.
- Collective redress mechanisms must incorporate safeguards against abuse to protect affected individuals from exploitation by intermediaries.
- Existing collective redress safeguards in the EU need further enhancement to ensure fair and balanced access to justice and prevent litigation abuse.