The European Commission (EC) published Regulation 348/2013 on April 17, 2013, that adds eight substances to Annex XIV of EU Regulation 1907/2006 on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), commonly referred to as the Authorization List. The notice can be found online. The substances are:
Chemical Name | CAS Number | EC Number | Last Application Date | Sunset Date |
Trichloroethylene | 79-01-6 | 201-167-4 | October 21, 2014 | April 21, 2016 |
Chromium trioxide | 1333-82-0 | 215-607-8 | March 21, 2016 | September 21, 2017 |
Acids generated from chromium trioxide and their oligomers Group containing: Chromic acid Dichromic acid Oligomers of chromic acid and dichromic acid | 7738-94-5 13530-68-2 Not yet assigned | 231-801-5 236-881-5 Not yet assigned | March 21, 2016 | September 21, 2017 |
Sodium dichromate | 7789-12-0 | 234-190-3 | March 21, 2016 | September 21, 2017 |
Potassium dichromate | 7778-50-9 | 231-906-6 | March 21, 2016 | September 21, 2017 |
Ammonium dichromate | 7789-09-5 | 232-143-1 | March 21, 2016 | September 21, 2017 |
Potassium chromate | 7789-00-6 | 232-140-5 | March 21, 2016 | September 21, 2017 |
Sodium chromate | 7775-11-3 | 231-889-5 | March 21, 2016 | September 21, 2017 |
These substances can only be used freely within the European Union (EU) until the last application date. An application for Authorization must be submitted and accepted by the European Chemicals Agency (ECHA) before the sunset date. An Authorization application may not be accepted by ECHA, and a rejection of the application results in a forfeit of the ECHA fee (up to €53,300).
Background
Member State Competent Authorities (CA) periodically recommend Substances of Very High Concern (SVHC) to be added to the Candidate List for Authorization (often referred to as the SVHC list). These recommendations are published by ECHA for public consultation. Based upon the information submitted by the CA and any additional interested parties, recommendations are either dropped or, alternatively, passed to the EC for finalization onto Annex XIV of REACH.
CAs typically investigate chemical groups or similar types of chemicals simultaneously based upon known hazard potential data and public demand, i.e., chromates have predominantly been investigated and will subsequently be subject to Authorization.
Comments on Authorization
Authorization applications for a substance located on the Authorization list should be carefully considered by a business/company. Authorization applications are complex and costly to complete with success rates for Authorizations being granted remaining somewhat vague. A detailed business proposal should be undertaken as alternative substances not subject to Authorization may prove to be a more promising business strategy.
As application for Authorization may rely upon socio-economic analysis (which in itself may take 18 months to two years to produce), alternative substances often provide a more cost effective, long-term market, both for suppliers and users. Users may need to modify their processes to allow for use of alternative substances. Sufficient time must be allotted to withdraw the substances located on the Authorization list from the EU market as the substances must be withdrawn from sale at the sunset date.
Authorization may also provide business opportunities for manufacturers of alternative substances. The ability for manufacturers of alternative substances to meet new volume demands must also be considered.