The list of Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) restricted substances (Annex XVII) is expected to change in the near future, with the addition of the hexavalent chromium (also known as Chromium VI, abbreviated as CrVI) substances:
- Chromium trioxide
- Chromic acid
- Twelve additional CrVI compounds, including those listed in entries 16-22 and 28-31 of the REACH Authorisation List
- Barium chromate (EC number 233-660-5) over concerns of “regrettable substitution”
CrVI substances are commonly used for chrome-plating and other surface treatments. They are frequently used in automotive, aerospace and defense, and other durable goods manufacturing. Currently, chromium VI and substances such as chromium trioxide are on the REACH Authorisation List. Companies must get prior approval from the European Chemicals Agency (ECHA) before it can be used.
Why the change in REACH restrictions? Why isn’t a CrVI REACH authorization requirement cutting it?
Here are the details about the future of hexavalent chromium REACH compliance, including what’s driving the change and how you can avoid costly disruptions.
Hexavalent Chromium REACH Authorization Hits a Wall
Chromium VI has revealed shortcomings in the current ECHA authorization process. When CrVI was added to the Authorisation List, it created a flood of authorization requests from industry groups and manufacturers.
Under REACH, the European Commission has three months to review and respond to an authorization request. The requestor has a responsibility to prove there is no economically feasible alternative for the chemical, and that it is necessary for the proper function of the product. But, due to the number of requests for hexavalent chromium, it currently takes an average of 14.5 months for the European Commission to respond. This failure to meet deadlines and criteria on data quality has even led to annulled authorization decisions.
An ombudsman was called in to audit the process. We strongly suggest that you read their findings here. They recommended an overhaul of internal procedures, increased transparency, and stricter scrutiny on submission quality. These steps were meant to speed up the process, and help the European Commission sift through requests more efficiently.
Hexavalent Chromium: REACH Restriction Expected
However, it doesn’t stop with an improved authorization process. ECHA has also signaled that a broader restriction on CrVI and its substances will cut through the current legal logjam. ECHA is expected to submit a comprehensive restriction proposal by April 11, 2025.
The restriction will likely cover articles containing Chromium VI compounds, especially those with components that may come into direct and prolonged contact with the skin. It would extend the current restriction under Annex XVII of REACH, which prohibits the placing on the market of leather articles containing Chromium VI in concentrations equal to or greater than 3 mg/kg (0.0003% by weight) of the total dry weight of the leather part.
The addition of hexavalent chromium and its substances to the REACH Restricted Substances List could create massive turmoil in supply chains, and require reformulations for thousands of products.
Yet a near total restriction on a family of substances isn’t new for REACH. A similar conversation is happening around per-and polyfluoroalkyl substances (PFAS) in the EU market. A proposed universal PFAS restriction is currently making its way through the European Commission. ECHA is making big moves to protect citizens from exposure to carcinogens and other harmful health effects, and manufacturers need to keep up.
For a breakdown of how to comply with REACH, including how ECHA maintains the Candidate, Authorisation, and Restricted Substances lists of REACH substances of very high concern (SVHC)s, check out our article “What is REACH Compliance?”
Your Choice: Proactive REACH Compliance or Disruption
If the CrVI restriction goes through (and we will be shocked if it doesn’t), manufacturers will need to engage their suppliers and confirm that CrVI and its substances are not present in their supply chains.
Although most manufacturers in scope of REACH may already have some transparency into CrVI as a process chemical in their supply chains, the evolution from REACH authorization to REACH restriction ups the ante. It may require looking up substances in articles and products beyond REACH Article 33.
Unless you enjoy scrambling to find compliant parts, now is the time to start talking to your suppliers. Waiting until the final rule gets published means you’ll have less time to comply and — worse — your competitors may buy up compliant alternative parts.
A proactive REACH compliance program will give you the product compliance insights you need in advance, so that you’re already prepared to comply with whatever ECHA decides. Plus, when the rules change, you won’t need to update all your internal processes to keep up.
REACH Changes? Not a Problem With Assent’s REACH Solution
Assent’s REACH compliance solution makes it possible for manufacturers with large supply chains to confidently do business in the EU. REACH is a complex regulation and requires a comprehensive solution.
Our supply chain sustainability management platform automatically updates whenever REACH lists change, and that means you don’t need to spend time maintaining your program’s internal substance lists or re-educating your suppliers every time there’s a change.
If any of your parts are treated with hexavalent chrome or its substances, this should be your wake-up call to get in touch with us. We can help you get your REACH compliance program up and running so you can avoid nasty, chrome-plated surprises that make your shiny products unsellable.
FAQ: REACH Restrictions on Hexavalent Chromium (CrVI)
Get answers from Assent’s REACH regulation experts.
