Questions & Answers REACH and Chromium(VI) substances / CE 2023

ID 20550 | 10.10.2023 / Attached

This Q&A document intends to address the most frequently asked questions concerning the Commission’s risk management of Cr(VI) substances under REACH.
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Contents

European Court of Justice judgment in Case C-144/21 (European Parliament vs. Commission)

1. What is the judgment about?
2. What were the main findings of the judgment that will have to be taken into account in future opinion- and decision-making?
3. What are the next steps by the Commission for the Chemservice decision?
4. What happens if the deadline of 20 April 2024 is reached and the Commission has not yet taken a decision on the original authorisation decision?
5. Are other pending applications for authorisation affected by the judgment?
6. Does the judgment affect granted authorisations where the same or similar approach was implemented as in the Chemservice decision?
7. In February 2023, Chemservice submitted a review report. In light of the annulment of the original authorisation decision, what happens with that review report? 
8. What is happening with the Chemservice application for chromium trioxide in functional chrome plating with decorative character (use 3)?
9. What is happening with use 6 of the original authorisation decision for the use of chromium trioxide in passivation of tin-plated steel - authorisation numbers REACH/20/18/28-34? 

Restriction of Cr(VI) substances under REACH

10. Will the Commission restrict Cr(VI) substances under REACH?
11. Why does the Commission want a restriction on Cr(VI) substances?
12. What is the timeline foreseen for the introduction of the restriction?
13. What will be the scope of the restriction?
14. How will the restriction take into consideration already granted authorisations?
15. How will this exercise be carried out from a procedural perspective?
16. How do the Commission and ECHA intend to manage authorisations and applications for authorisation of chromium trioxide, chromic acid (and other substances potentially in scope of the future restriction) in the period where the restriction is not yet adopted? 
17. Is this exercise affecting actions under other pieces of EU legislation such as the Industrial Emissions Directive (IED) and Occupational Safety and Health (OSH)?

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Fonte: EC

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