In a decision that marks a significant shift towards transparency and legal accessibility within the European Union, the Court of Justice of the European Union (CJEU) has ruled that there is an overriding public interest in making harmonized standards, including those referenced by the REACH regulation, freely accessible to all.
The judgment addresses a long-standing issue faced by businesses and consumers alike: the accessibility of harmonized standards, such as EN 12472:2005+A1:2009, which outlines methods for the detection of nickel release from coated items—a key compliance point for jewellery manufacturers under REACH restriction no. 27. Until now, accessing these standards required payment, a barrier that has impeded small businesses and individuals from verifying compliance with EU legislation.
Compliance with the Judgment
The European Commission is now mandated to facilitate access to these requested harmonized standards. This directive from the CJEU not only applies to standards related to REACH but extends to all harmonized standards that have legal effects within the EU framework, ensuring that they become freely available to the public.
Impact on Standardization Bodies
The ruling calls for a re-evaluation of the business models of European standardization bodies, such as CEN, which have traditionally relied on the sale of standards for funding. These organizations are now tasked with exploring alternative funding mechanisms to maintain operations while adhering to the new requirement for free access to harmonized standards.
Enhanced Transparency and Access
The CJEU's decision reinforces the principles of transparency, openness, and the rule of law within the EU. By making harmonized standards freely available, the judgment ensures that businesses, consumers, and other stakeholders can easily verify compliance with EU legislation, thereby enhancing the internal market's functionality.
Potential Legislative and Policy Adjustments
The landmark ruling may lead to adjustments in EU policies or legislative frameworks governing the development, publication, and accessibility of harmonized standards. The European Commission and other EU institutions are likely to consider policy changes that align with the principles of transparency and accessibility outlined in the judgment.
Broader Implications for EU Law
This judgment underscores the importance of freely accessible legal documents as part of EU law. The principles established by this ruling could have broader implications for the accessibility of other types of documents or regulations with direct legal effects within the EU, setting a precedent for future legal accessibility initiatives.
