Chromium VI: Decorative applications threatened and imminent restrictions
The annulment of the CTAC decision by the CJEU on April 20, 2023, has compelled the European Commission to adopt a more restrictive approach regarding the use of hexavalent chromium substances in Europe. In addition to strengthening the burden of proof for authorization applicants, the Commission has introduced additional requirements for decorative uses of chromium, aiming to encourage substitution for these applications by reducing the volume of the substance used.
Additionally, in September 2023, the Commission mandated ECHA to prepare a dossier supporting a potential restriction proposal for CrVI under REACH.
These developments reflect the Commission's political commitment to limit Chrome VI use to strictly necessary applications under rigorously controlled conditions.
Additional Requirements from the Commission for Decorative Uses of Chrome VI
The preliminary discussions for adopting authorization dossiers related to the use of chromium trioxide, initiated in the REACH committee, highlighted the need for the Commission to place greater emphasis on substituting decorative uses of CrVI.
This aspect is crucial for securing the support of EU member states for a vote in favor of authorization dossiers for decorative uses of CrVI.
While not altering the general principle that each authorization decision is based on the specifics of the applicant, especially their substitution strategy, the Commission has introduced additional requirements to encourage alternatives to CrVI and to progressively reduce the volume of the substance used during the granted review period.
For dossiers where SEAC recommended a review period extending beyond 2028, the Commission has established an obligation to significantly reduce the volume of the substance used during the granted review period compared to the volume at the time of the authorization application. Notably, if annual CrVI consumption figures are unavailable or insufficiently ambitious (e.g., achieving at least a 50% reduction), the Commission may set a shorter review period than that recommended by SEAC.
Although not mandatory, authorization applicants are encouraged to quantify and provide their CrVI usage reduction percentages in their dossiers or submit them to SEAC.
The Commission’s position, expressed due to difficulties in obtaining REACH committee support for “functional decorative uses”, may suggest an unfavorable outcome for decorative applications under the CTAC consortium, which covers several hundred downstream users and has yet to undergo a REACH committee vote. While awaiting this decision, downstream users covered by this CTAC use may continue to use CrVI for this specific application until a decision is made on this application.
The CrVI Restriction Proposal: Towards Obsolescence of Existing Authorization Requests
ECHA and the European Commission have noted a surge in authorization applications in recent years, driven by uncertainties surrounding CTAC dossiers and the need for various downstream users to ensure specific regulatory coverage for their use of CrVI.
The volume and diversity of CrVI usage cases and the influx of authorization requests received by ECHA in recent years have led to significant delays in processing these applications, thereby compromising human health and environmental protection and the gradual substitution of dangerous substances.This situation has likely influenced the European authorities to pursue a new regulatory doctrine on CrVI.
The Commission has indicated that the authorization route no longer seems suitable for long-term health risk management posed by these CrVI substances.
In this context, on September 27, 2023, the European Commission mandated ECHA to draft an Annex XV dossier for a potential restriction proposal on Cr(VI) substances. ECHA’s publication of this project is scheduled for April 11, 2025. However, it should be noted that the restriction process is lengthy. For chromium compounds, only if discussions and exchanges proceed according to an optimistic schedule does the Commission estimate that a restriction could be adopted by the end of 2026.
The restriction could cover at least 12 CrVI-based substances and may include derogations with differentiated transitional periods for various uses, depending on factors like risk, socio-economic considerations, and the availability of alternatives. This will likely lead to extensive discussions with industry stakeholders and NGOs.
Two Calls for Contributions
Two calls for contributions were issued to gather information from industry on their use of CrVI, particularly regarding their risk management measures and investments toward CrVI substitution.
If the chosen path is restriction, “the Commission will adopt two acts simultaneously: the first will amend Annex XIV to remove the relevant substances (no use of the substances would remain covered by the authorization requirement); and the second will amend Annex XVII to introduce a restriction.
Both acts must enter into force simultaneously to ensure that the substances are neither included in Annex XIV nor subject to REACH restrictions.”
It should be noted that the current regulatory framework, specifically the REACH authorization requirement, remains in place as long as the substances are listed in Annex XIV. Thus, until legislative changes occur, chromium trioxide use remains subject to REACH Authorization.
For more information on Chrome VI, contact our experts!
The annulment of the CTAC decision by the CJEU on April 20, 2023, has compelled the European Commission to adopt a more restrictive approach regarding the use of hexavalent chromium substances in Europe. In addition to strengthening the burden of proof for authorization applicants, the Commission has introduced additional requirements for decorative uses of chromium, aiming to encourage substitution for these applications by reducing the volume of the substance used.
Additionally, in September 2023, the Commission mandated ECHA to prepare a dossier supporting a potential restriction proposal for CrVI under REACH.
These developments reflect the Commission's political commitment to limit Chrome VI use to strictly necessary applications under rigorously controlled conditions.
Additional Requirements from the Commission for Decorative Uses of Chrome VI
The preliminary discussions for adopting authorization dossiers related to the use of chromium trioxide, initiated in the REACH committee, highlighted the need for the Commission to place greater emphasis on substituting decorative uses of CrVI.
This aspect is crucial for securing the support of EU member states for a vote in favor of authorization dossiers for decorative uses of CrVI.
While not altering the general principle that each authorization decision is based on the specifics of the applicant, especially their substitution strategy, the Commission has introduced additional requirements to encourage alternatives to CrVI and to progressively reduce the volume of the substance used during the granted review period.
For dossiers where SEAC recommended a review period extending beyond 2028, the Commission has established an obligation to significantly reduce the volume of the substance used during the granted review period compared to the volume at the time of the authorization application. Notably, if annual CrVI consumption figures are unavailable or insufficiently ambitious (e.g., achieving at least a 50% reduction), the Commission may set a shorter review period than that recommended by SEAC.
Although not mandatory, authorization applicants are encouraged to quantify and provide their CrVI usage reduction percentages in their dossiers or submit them to SEAC.
The Commission’s position, expressed due to difficulties in obtaining REACH committee support for “functional decorative uses”, may suggest an unfavorable outcome for decorative applications under the CTAC consortium, which covers several hundred downstream users and has yet to undergo a REACH committee vote. While awaiting this decision, downstream users covered by this CTAC use may continue to use CrVI for this specific application until a decision is made on this application.
The CrVI Restriction Proposal: Towards Obsolescence of Existing Authorization Requests
ECHA and the European Commission have noted a surge in authorization applications in recent years, driven by uncertainties surrounding CTAC dossiers and the need for various downstream users to ensure specific regulatory coverage for their use of CrVI.
The volume and diversity of CrVI usage cases and the influx of authorization requests received by ECHA in recent years have led to significant delays in processing these applications, thereby compromising human health and environmental protection and the gradual substitution of dangerous substances.This situation has likely influenced the European authorities to pursue a new regulatory doctrine on CrVI.
The Commission has indicated that the authorization route no longer seems suitable for long-term health risk management posed by these CrVI substances.
In this context, on September 27, 2023, the European Commission mandated ECHA to draft an Annex XV dossier for a potential restriction proposal on Cr(VI) substances. ECHA’s publication of this project is scheduled for April 11, 2025. However, it should be noted that the restriction process is lengthy. For chromium compounds, only if discussions and exchanges proceed according to an optimistic schedule does the Commission estimate that a restriction could be adopted by the end of 2026.
The restriction could cover at least 12 CrVI-based substances and may include derogations with differentiated transitional periods for various uses, depending on factors like risk, socio-economic considerations, and the availability of alternatives. This will likely lead to extensive discussions with industry stakeholders and NGOs.
Two Calls for Contributions
Two calls for contributions were issued to gather information from industry on their use of CrVI, particularly regarding their risk management measures and investments toward CrVI substitution.
If the chosen path is restriction, “the Commission will adopt two acts simultaneously: the first will amend Annex XIV to remove the relevant substances (no use of the substances would remain covered by the authorization requirement); and the second will amend Annex XVII to introduce a restriction.
Both acts must enter into force simultaneously to ensure that the substances are neither included in Annex XIV nor subject to REACH restrictions.”
It should be noted that the current regulatory framework, specifically the REACH authorization requirement, remains in place as long as the substances are listed in Annex XIV. Thus, until legislative changes occur, chromium trioxide use remains subject to REACH Authorization.
For more information on Chrome VI, contact our experts!
