European Commission Outlines Transition Towards Restriction of Chromium (VI) Substances under REACH
The European Commission is moving forward with its initiative to restrict the use of Chromium (VI) substances under the REACH Regulation. This transition from the current authorisation system to a restriction-based approach is intended to streamline regulatory procedures while maintaining a high level of protection for human health and the environment.
From Authorization to Restriction: A Simplified REACH Framework
Context and Objectives
In outlining the next steps, the Commission has clarified how existing authorisations and ongoing applications will be managed. Existing authorisations for Chromium (VI) uses will not automatically carry over into the new framework. While transitional arrangements are under consideration, they will not necessarily replicate the conditions or timelines previously granted under the authorisation system. The Commission underlines that substitution with safer alternatives will remain a central element of the forthcoming restriction.
The restriction would be introduced through a coordinated two-step legal act : Chromium (VI) substances will be removed from Annex XIV of REACH, thereby ending the requirement for individual authorisations, and simultaneously added to Annex XVII, where they will become directly restricted. This dual act ensures continuity of regulation and avoids any legal or practical gaps in risk management.
Managing Existing Authorizations and Pending Applications
During the transitional period i.e the enters in force of the restriction, the existing authorisation system will remain applicable. However, the Commission and ECHA have noted that it is highly unlikely that new applications or review reports submitted for Chromium (VI) substances will be fully processed before the restriction enters into force, currently estimated for 2027. To ensure efficient use of resources and regulatory clarity, ECHA will prioritise applications concerning other substances. In parallel, the Commission intends to extend deadlines for review reports, thereby avoiding unnecessary administrative and economic burdens for operators.
As regards the situation of authorisations still valid at the time of entry into force of the restriction, the Commission is considering the introduction of an elective system. This would enable holders of existing authorisations to either continue operating under their current authorisation conditions for a limited transitional period (potentially around 18 months) or move directly to compliance under the new restriction framework.
Finally, the question of fees already paid for authorisation applications has been addressed. The Commission recalls that fees are linked to the regulatory work carried out by ECHA, rather than the outcome of an application. Refunds could only be envisaged where no opinion-making process has begun, but in most cases, fees will remain associated with the tasks performed.
The European Commission is moving forward with its initiative to restrict the use of Chromium (VI) substances under the REACH Regulation. This transition from the current authorisation system to a restriction-based approach is intended to streamline regulatory procedures while maintaining a high level of protection for human health and the environment.
From Authorization to Restriction: A Simplified REACH Framework
Context and Objectives
In outlining the next steps, the Commission has clarified how existing authorisations and ongoing applications will be managed. Existing authorisations for Chromium (VI) uses will not automatically carry over into the new framework. While transitional arrangements are under consideration, they will not necessarily replicate the conditions or timelines previously granted under the authorisation system. The Commission underlines that substitution with safer alternatives will remain a central element of the forthcoming restriction.
The restriction would be introduced through a coordinated two-step legal act : Chromium (VI) substances will be removed from Annex XIV of REACH, thereby ending the requirement for individual authorisations, and simultaneously added to Annex XVII, where they will become directly restricted. This dual act ensures continuity of regulation and avoids any legal or practical gaps in risk management.
Managing Existing Authorizations and Pending Applications
During the transitional period i.e the enters in force of the restriction, the existing authorisation system will remain applicable. However, the Commission and ECHA have noted that it is highly unlikely that new applications or review reports submitted for Chromium (VI) substances will be fully processed before the restriction enters into force, currently estimated for 2027. To ensure efficient use of resources and regulatory clarity, ECHA will prioritise applications concerning other substances. In parallel, the Commission intends to extend deadlines for review reports, thereby avoiding unnecessary administrative and economic burdens for operators.
As regards the situation of authorisations still valid at the time of entry into force of the restriction, the Commission is considering the introduction of an elective system. This would enable holders of existing authorisations to either continue operating under their current authorisation conditions for a limited transitional period (potentially around 18 months) or move directly to compliance under the new restriction framework.
Finally, the question of fees already paid for authorisation applications has been addressed. The Commission recalls that fees are linked to the regulatory work carried out by ECHA, rather than the outcome of an application. Refunds could only be envisaged where no opinion-making process has begun, but in most cases, fees will remain associated with the tasks performed.
