Upcoming EU Decisions on Hexavalent Chromium: Key Dates and Implications

Upcoming Decisions and Timeline

The process of forming opinions and making decisions has been progressing steadily. The Commission presented preliminary draft decisions to the REACH Committee, based on the opinions of the European Chemicals Agency (ECHA) scientific committees. Constructive discussions took place during the REACH Committee meetings held in June and July 2024.

According to the latest update, the ECHA scientific committees are scheduled to adopt their final opinions during plenary meetings on 16-17 September 2024. Following this, the REACH Committee is expected to discuss and vote on all related files during meetings on 20 September and 14 October 2024. Should a positive vote be achieved, the formal adoption process, including notifying applicants of the decisions, will take approximately 4 to 6 weeks.

Critical Date: 21 September 2024

The date 21 September 2024 marks a pivotal moment for many companies using Cr(VI) substances, particularly chromium trioxide. This date is especially relevant in two scenarios:

1. Expiration of Chemservice Decision: Initially, this date was set as the expiry of the ‘Chemservice’ decision C(2020)8797. However, as this decision was annulled, companies previously covered by the Chemservice application can continue using chromium trioxide beyond this date under specific conditions.
2. Expiration of Other Authorisations: Several other authorisations for using chromium trioxide and other Cr(VI) substances are set to expire on 21 September 2024. Most current authorisation holders have submitted review reports in time, allowing them to continue using these substances under transitional arrangements until a decision on their review report is made. However, companies that did not submit a review report will not be permitted to continue supplying these substances after the deadline.

For those seeking new authorisations, particularly in the applications for chemical conversion coating, passivation of metallic coatings, and stainless steel passivation, the Commission is expediting the review process. The REACH Committee vote on these applications is scheduled for 20 September 2024, with a swift adoption process anticipated shortly thereafter.

Looking Ahead

The aerospace and defence sector's reliance on Cr(VI) substances for various critical applications means that the forthcoming decisions will have far-reaching consequences. The European Commission’s approach aims to minimise uncertainty for companies while ensuring compliance with stringent environmental and health standards.

As the September deadlines approach, industry stakeholders are encouraged to stay informed of the latest developments to ensure compliance and continuity of their operations.