Important information on the further use of passivating agents with Cr(VI) content

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1 Important information on the further use of passivating agents with Cr(VI) content The approval procedure for chromium trioxide (CrO 3 ) and the ensuing acids (including oligomers) in accordance with EC Directive 1907/2006 (REACH) has been a controversial issue for some time now. Related to this is the fundamental discussion on how the future of passivating (chroming) agents with Cr(VI) content is to be estimated. For this reason, we would like to advise you on the latest situation in this development: Chromium trioxide and acids generated from chromium trioxide were incorporated into Appendix XIV of the REACH Directive at 21 April, 2013 (Regulation (EU) 348/2013) and will become subject to approval upon expiry of the determined sunset date 21 September, Meanwhile, a consortium has been established which is made up of manufacturers, importers, distributors and downstream users of these substances. This consortium has submitted to the ECHA a draft application for authorisation for the following applications: No. Description of use Proposed review period 1 Formulation of mixtures 12 years+ 2 Functional chrome plating 12 years 3 Functional chrome plating with decorative character 7 years 4 Surface treatment for applications in the aeronautics and aerospace industries (unrelated to Functional chrome plating or Functional chrome plating with decorative character) 12 years 5 Surface treatment (except ETP) 7 years 6 Passivation of tin-plated steel (ETP) 4 years (bridging) For application purposes, a follow-up consortium named CTAC Submission Consortium (CTACSub) has been established. This application for authorisation was submitted to ECHA on 11 May, Among other things, the application proposed the review periods specified in the above table. This means that a new review of the authorisation granted in each case, including the conditions of use, is to be conducted by the ECHA (European Chemicals Agency) once the respective periods have elapsed. Last revised: Page 1 of 6

2 Extracts from the application for authorisation were published on the ECHA website on 12 August, 2015 and it was possible to comment on the contents until 07 October, We have reviewed the uses described in the application for authorisation for use No. 5 (see above) and made appropriate comments on the same. All non-confidential comments have been published on the ECHA website and can be accessed at the following link for use No. 5: 1) In principle, it can be confirmed that the conditions of use have been accurately defined for us and our customers in the application for authorisation. The sections of the Chemical Safety Report (CSR) containing the conditions of use can be viewed at this link: 1) In its press release of January 2017, the CTACSub Consortium reported that the two ECHA committees RAC (Risk Assessment Committee) and SEAC (Socio-Economic Analysis Committee) have recommended in September 2016 that the European Commission grant the authorizations for continuation of the six uses of chromium trioxide applied for by the members of the CTACSub Consortium. The recommendations issued by the RAC and SEAC Committees include amongst others the following review periods: No. Description of use Proposed review period Recommended review period Formulation of mixtures 12 years + 7 years Surface treatment (except passivation of tin-plated steel - ETP) for applications in various industry sectors namely architectural, automotive, metal manufacturing and finishing, and general engineering 7 years 4 years 1) Legal notice: Last revised: Page 2 of 6

3 Outlook: The Commission is now actively working on the draft authorization Decisions, which will have to be agreed with the EU Member States. The final decision on the application for authorisation is to be made according to the comitology procedure (Art. 133 of the REACH Directive) and is to be published, together with the authorisation number, in the Official Journal of the European Union. As no legal deadline is provided for the Commission to issue its final Decisions, and given previous experience on other authorization files, it is possible that the authorization Decisions may not be issued before the sunset date of 21 September, However, in case of delay Art. 58 (1) (c) (ii) of the REACH Regulation provides that downstream users supplied directly or indirectly by the seven applicants may continue their uses beyond the sunset date until the Commission will have decided on the authorizations. Please note though that such continued use is only permitted in as far as the uses are within the remit of the authorization applied for. The CTACSub Consortium therefore encourages its downstream users to thoroughly review the scope of the applications for authorizations on the ECHA website. We would like to point out that in our supply chain the applicant for the authorization of chromium trioxide is BONDEX TRADING LTD. Once authorisation has been granted, it is also mandatory that the conditions for use specified therein are adhered to by the relevant downstream users. Otherwise, it will no longer be permitted for the substances to be used either on their own or in composites. The CTACSub Consortium together with several European and national downstream user and article manufacturer trade federations is currently working on a series of good practice/ task sheets which will illustrate in an easy comprehensible form the risk management measures and operational conditions recommended to be applied by downstream users for the uses of chromium trioxide within the remit of the CTACSub Consortium. These sheets will be available for download in the coming months and before the sunset date. Last revised: Page 3 of 6

4 Important obligation for downstream users: Where the use of an approved substance in accordance with Appendix XIV of the REACH Directive is concerned, we draw your attention to the fact that each user needs to be aware of his/her own active role. Accordingly, pursuant to Art. 66 of the REACH Directive, you have to notify ECHA within three months of the first time the substance was delivered to you. In the case of chromium oxide, this period starts either on the date the authorisation is issued or at the latest on the expiry date, 21 September, Notification to the ECHA should be submitted through the REACH-IT internet portal. The information you need to submit consists of: the identity of your company the authorisation number your contact data information concerning the typical annual volume of the substance the number of staff members using the substance The ECHA maintains a regularly updated index of the downstream users who have submitted such a notification. The member states have access to this index, thus providing the basis for the targeted auditing of the user companies by the supervising authority (e.g. trade supervisory offices). Last revised: Page 4 of 6

5 Further information on this topic is available as follows: Brochures with REACH info from the REACH CLP Biocide Helpdesks, issued by the German Federal Institute for Occupational Safety and Health Broschueren.html#doc bodyText7 To submit downstream user notification of authorised uses: 1) Downstream User Notification of Authorised Uses (REACH-IT): 1) 1) Legal notice: Last revised: Page 5 of 6

6 Conclusion: If approval for chromium trioxide is granted, the companies in our supply chain (i.e. we and our customers) will be able to use products with chromium trioxide content beyond the expiry date of 21 September, Alufinish will at any rate continue to sell products with chromium trioxide content until the expiry date 21 September, 2017 respectively until the final Decisions of the European Commission. In the event that chromium trioxide is not granted approval, it will not be permitted to use or place the substance on the market within the scope of application of the REACH Regulation (i.e. in EU member states) after 21 September, 2017 respectively after the final Decisions of the European Commission. In this case, the Alufinish organisation will still be able to sell products with chromium trioxide content to their customers outside the scope of applicability of the REACH Regulation even after 21 September, We can, however, assure you that we are collaborating intensively with our suppliers to ensure that we will be able to continue providing you with tried-and-tested Alufinish products in the future. We will also be delighted to offer you chromium-free alternatives! Simply get in touch with your contact person or sales representative. You can be assured that we will advise you promptly of future developments in this issue. Should you have any queries concerning the implementation of the REACH Directive or require any detailed information on this topic, please contact: Angela Augustin Head of QEHS Quality, Environment, Health and Safety Tel.: Fax: Last revised: Page 6 of 6