The European Commission has commenced a critical regulatory process to restrict the use of Chromium VI (Cr(VI)) substances under the REACH regulation. This significant move is aimed at strengthening the protection of human health and the environment from the hazardous effects of Cr(VI) compounds.
Key Dates in the Restriction Process
- 27 September 2023: The European Commission issued a mandate to the European Chemicals Agency (ECHA) to begin the process of developing an Annex XV dossier aimed at restricting Cr(VI) substances under REACH.
- 29 April 2024: The initial mandate was revised, extending the timeline from 12 to 18 months to accommodate additional work.
- End of 2026: The anticipated timeline for the adoption of the restriction, approximately three years after the mandate was issued.
Why Restrict Chromium VI Substances?
Chromium VI substances, including chromium trioxide and other related compounds, are known for their carcinogenic properties. Initially listed under REACH in 2013 and 2014, these substances were expected to be phased out by September 2017 and January 2019. However, the number of applications for continued use has greatly exceeded expectations, overwhelming the processing capacity of both ECHA and the European Commission.
Key Risks:
- Carcinogenicity: Chromium VI substances are highly toxic and pose serious health risks, particularly due to their carcinogenic nature.
- Environmental Impact: These substances also present significant environmental hazards, leading to contamination and long-term ecological damage.
Scope of the Restriction
The Commission’s restriction will cover all uses of Cr(VI) substances listed in Annex XIV of REACH, with the exception of lead chromates, which are not considered likely substitutes. ECHA has been tasked with developing several restriction options to effectively control the risks posed by these substances while encouraging the substitution with safer alternatives.
Impact on Existing Authorisations
Existing authorisations for the use of Cr(VI) substances will undergo a thorough review. This review will assess the appropriateness and effectiveness of current risk management measures, including exposure and emissions data. The restriction may include derogations with differentiated transitional periods based on risk, socio-economic considerations, and the availability of alternatives.
Procedural Considerations
To implement the restriction, the Commission plans to simultaneously amend Annex XIV (to de-list the substances) and Annex XVII (to introduce the restriction) of REACH. This approach ensures no regulatory gaps occur during the transition.
Ongoing Authorisation Management
Until the restriction is fully in place, the current authorisation framework under REACH will remain operational. ECHA will continue to evaluate applications, and the Commission will proceed with decision-making processes, ensuring that current authorisation measures remain valid until the substances are formally de-listed.
Coordination with Other EU Legislation
This initiative is aligned with other EU regulations, such as the Industrial Emissions Directive (IED) and Occupational Safety and Health (OSH) legislation. Notably, discussions are ongoing about lowering the binding occupational exposure limit for Cr(VI), further enhancing worker protection.
The restriction of Cr(VI) substances under REACH represents a crucial step in safeguarding public health and the environment. With the planned regulations set to be fully adopted by the end of 2026, the European Union continues to demonstrate its commitment to stringent chemical safety standards and the promotion of safer alternatives.
