ECHA to Prepare Restriction Proposal on Certain Chromium VI Substances

The European Chemicals Agency (ECHA) has received a mandate from the European Commission to prepare a restriction proposal in accordance with the requirements of Annex XV of the REACH Regulation targeting at least two Chromium (VI) substances. The proposal is expected to be submitted by 4 October 2024. The full text of the request can be found here.

Chromium (VI) substances

Within the EU-REACH Authorisation list (Annex XIV), there are 11 entries for Cr (VI) substances (entries 16-22 and 28-31). These substances are classified as carcinogenic (1A or 1B) and exposure to them poses a risk to both workers and the general population when exposed via the environment.

The proposed restriction will cover at least the following two Cr(VI) substances:

• Chromium trioxide (CrO3) - Annex XIV entry 16

This particular Cr(VI) substance is responsible for the majority of applications for authorisation.

• Chromic acid (H2Cr2O4) - Annex XIV entry 17

This is a group of acids produced from chromium trioxide and therefore needs to be included in the scope of the restriction proposal.

One of the main applications of these substances is in electroplating, a common surface finishing process for coating materials.

Background

The European Commission has received a substantial number of applications for authorisation of the use of the Cr(VI) substances listed in Annex XIV. This has stretched the capacity of the Committee for Risk Assessment (RAC) and the Committee for Socio-Economic Analysis (SEAC) and has affected their ability to regulate other hazardous substances.

The situation also undermines one of the objectives of the authorisation provisions which is the gradual substitution of this type of substance by economically and technically viable alternative substances or technologies.

The Commission’s Mandate

As part of the restriction proposal the Commission has requested that ECHA carries out a short analysis of the availability of alternatives. ECHA should also assess whether there is a potential risk of substitution of other chromium (VI) substances. If this is the case an extension of the mandate is possible.

The preparation of the restriction proposal and its evaluation by the RAC and SEAC will follow the standard REACH restriction process. In preparing the proposal, ECHA will take into account the knowledge and experience gained from handling applications for authorisation for these substances during the preparation of the proposal.

Once the Commission adopts the restriction, the substances within the scope will be removed from the Authorisation List. This action would be a historic first under EU-REACH.

Timeline

In the best case scenario, the Commission expects that a restriction could be adopted approximately 3 years after the receipt of the mandate by ECHA.

Help for companies

The Commission has published a Q&A document to clarify the situation for affected companies. This document also addresses the main issues related to the judgment of the European Court of Justice annulling the authorisation of a consortium comprising many downstream users of chromium trioxide.