CTACSub Application for REACH Authorization of Use of Chromium Trioxide A-0032, 1-6

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Alban Hamilton
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1 CTACSub Application for REACH Authorization of Use of Chromium Trioxide A-0032, 1-6 January 26, 2016 Meeting at offices of Jones Day, Brussels Organized by CTACSub Rue de la Régence 4, B-1000 Brussels (Sablon area) 11 am 2 pm

2 History CTACSub application for authorization (AfA) for 6 uses filed May 2015 by 7 importers / formulators (so-called upstream AfA). For more information, see Extra investment of 7 companies for AfA: EUR AfA is based on work of 150+ member CTAC Consortium that gathered information on uses / alternatives and socio-economic data between 2012 and CTAC Consortium has many downstream user (DU) members, as only those have good information about their uses / alternatives / exposure etc. The response rate for information requests within CTAC was between 20 and 35 % depending on type of information For many CTAC members it would have been very burdensome to file their own AfA (knowledge, cost, logistics, language) ECHA encouraged CTAC to file an upstream application as early as possible before the latest application date (so-called ice breaker application).

3 Status Quo Public consultation took place August October Few comments of NGOs. Extensive comments from providers of alternative technologies Trialogue held in Helsinki November 5 and 6, CTACSub delegation 40 persons, including Dus and OEMs. ECHA gave large leeway to alternative providers allowing them to make 30 minute power point presentations on their technologies rather than limiting to Q&A. Caused substantial confusion on the scope of alternatives and the scope of the AfA To date, CTACSub responded to 3 sets of RAC / SEAC questions. RAC and SEAC have held orientation debates end of Nov., beginning of December RAC / SEAC opinion making on-going. Next RAC/SEAC meetings Feb. 29, 2016 March 11, Draft opinions expected to be discussed.

4 Concerns (I) RAC/SEAC questions indicate that Committees uncomfortable with upstream approach: requests for company specific data; aggregations questioned; details of operating conditions and risk management measures requested; prediction of non-use scenarios (delocation, shut-down) questioned; exposure levels questioned; representativeness of data questioned; scope questioned (defined by critical parameters rather than articles / components) Due to increased workload RAC/SEAC, Committees rely heavily on rapporteurs and ECHA staff (see also streamlining of procedures; df). No expert advice European Commission and its Member State Committee also overworked and some Member States critical towards current authorization approach («authorization by default «).

5 Concerns (II) European Parliament adopted resolution arguing that in authorizing DEHP, Commission overstepped its implementing powers ( TA &format=XML&language=EN) Increasing number of simultaneous DU applications leads to comparison of AfAs, thereby adding additional scrutiny (e.g. environmental releases mentioned in other AfAs) In subsequent AfAs (Grohe, Finish platers) additional alternative providers came forward (Vergason Technology Inc.) arguing that CTACSub AfA was outdated In subsequent AfAs (Grohe, Finish platers) NGOs (Chemsec) included statements from alternative providers. Thus the alternative providers lobby the NGOs.

6 Possible Consequences of Concerns? Delay of opinion making and authorization? Short review periods in authorization decision? Strict conditions in authorization that DUs may not be able to meet? Some uses may not be authorized due to alleged alternatives or lack of data? European Parliament challenging the Commission (court case; annulment of authorization decision?)

7 Action Proposed CTACSub cannot do more. All technical work is done based on data provided by CTAC members. Now Task Force is needed for communication and lobbying towards Commission, European Parliament, Member States Mobilization of DUs and their customers, in particular OEMs required. Either industry associations or individual companies Involvement at the business and public affairs level vital. Technical work is finished Involvement of all DU and customer / OEM sectors (machinery, general engineering, medical device, cosmetics packaging, architecture, furniture, other? largely invisible until now).

8 Next Steps Proposed Pledging commitments from DUs, OEMs and End user sectors; organizational and financial support for Task Force Establishment of a limited but nevertheless operational structure Hiring of a consultant for purposes of lobbying with the European Parliament Establishment of national lobbying plan in the Member States by organizations and companies on the ground Development of communication materials Development of a common set of OCs and RMMs where needed

9 Brainstorming Discussion???????????????

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