However, the review period until September 2024 is more than tight.
The cards are finally on the table in the "authorization poker chromium trioxide" (CAS no.: 1333-82-0). After a delay of around three and a half years - the sunset date was September 21, 2017 - the EU Commission's decision was made shortly before the end of last year in favour of five of the six authorizations applied for.
A decision on the last use "functional chromium plating with decorative character" will only be made once the substitution plan requested by the authorities has been finally assessed by the ECHA. Revision periods of four years have been granted for the five uses of chromium trioxide. Chromium trioxide can therefore be used in electroplating until September 2024.
"Chromium(VI) approval: a real poker game"
The EU Commission has approved five of the six applications for authorization for the continued use of chromium(VI)TheEU Commission's decision was published in the Official Journal of the European Union on 18.12.2020 and is therefore applicable law. Only publication in the Official Journal of the European Union triggers the corresponding obligations (notification obligation in accordance with Article 66 of the REACH Regulation) for all parties concerned. The published documents show the authorization periods and conditions for the use of chromium trioxide to which authorization holders and downstream users must adhere. In the meantime, the CTAC consortium has informed that it intends to submit a follow-up application (collective authorization, up-stream application) through a consortium called CTAC Sub 2. The follow-up application must be submitted to the ECHA no later than 18 months before the end of the review period. However, in order to continue using the chromium trioxide or products containing chromium(VI), the official conditions and requirements associated with the authorizations, which can be found in the EU Commission's decision, must be met. These include exposure measurements to be carried out by the downstream user and the collection of data from exhaust air and waste water monitoring, all of which must be submitted to the ECHA. This must be done at least once a year. The first measurements must be carried out and the measurement results forwarded to ECHA by June 2021. This data will also be made available to the authorization holders and will be used, among other things, to enable the authorization holders to adjust exposure scenarios if necessary and to prepare the follow-up applications.
Companies or users who wish to continue using chromium trioxide are now required to submit a notification to ECHA via REACH-IT in accordance with Article 66 of the REACH Regulation by March 18, 2021 at the latest. They must provide information on the authorized substance, its use and the company handling this substance.
Downstream users
Users must pay attention to the source from which they obtain products containing chromium(VI) and chromic acid or chromium trioxide. Depending on the source of supply, different authorization numbers must be used for the notification in accordance with Article 66 of the REACh Regulation. The valid authorization number must be provided by the supplier. If the supplier cannot refer to an authorization number, the goods offered are illegal. With immediate effect, the approval number must also be indicated on the labels of products containing chromium(VI). This also applies to goods in stock or in use. Containers that do not bear this number are illegal and may not be used or placed on the market.
Under REACh, a substance can be included in Annex XVII (List of Restricted Substances) after undergoing very specific procedures or via a "stopover" on the candidate list (SVHC list) in Annex XIV (List of Substances Subject to Authorization). If a substance is included in Annex XVII, the restrictions specified there must be complied with.
"Without a number, the product is illegal"
If a substance is classified as a substance of very high concern, i.e. is included on the candidate list, the SVHC must be stated accordingly in the safety data sheet for mixtures. Candidate substances that are found in articles with a content of > 0.1% by weight and more than 1 tonne per year and producer or importer are subject to the notification obligation in accordance with Article 7 (2). The use of the substance must therefore be notified to ECHA by the producer or importer of the article. In addition, according to Article 33 (duty to inform), information on the SVHC (at least the name) must be passed on to customers if the content of the SVHC exceeds 0.1% by weight. A candidate substance can also be included in Annex XIV. After the sunset date, it is no longer permitted to place these substances on the market or use them without authorization. As long as the sunset date has not yet passed, the obligations and deadlines that also apply to the candidate substances apply. After the sunset date, the use of the substance subject to authorization ends if the Commission has rejected the application for authorization. If the EU Commission's decision has not yet been made, nothing changes for users at first. In this case, the obligations and deadlines for SVHC must be complied with until the EU Commission has decided on the authorization. If the sunset date has passed and the EU Commission has approved further use of the substance (i.e. authorization has been granted), users must notify the Agency of the use of the substance within three months of the first delivery of the substance (notification obligation pursuant to Article 66). The actual notification of the use of an Annex XIV substance to ECHA is made via a web form under REACH-IT.
Notification on the ECHA website
As a rule, only the information obligation under Article 33 and the notification obligation under Article 66 can apply to electroplating plants. The conditions and measures for the protection of humans and the environment that apply to the use of a substance subject to authorization and that are specified in the authorization must of course always be complied with.
Electroplating companies that use chromium trioxide or chromium(VI)-containing additives must notify the ECHA of the use of the Annex XIV substance via a web form under REACH-IT independently and in good time. In order to be able to make this notification, the electroplating company must have previously set up a company account with the ECHA, also under REACH-IT.
