REACH Authorisation and Hexavalent Chrome

REACH, (Registration, Evaluation, Authorisation and Restriction of Chemicals) is a European Union regulation (EC No 1907/2006). Substances are included in the Authorisation List (Annex XIV) of REACH, where their use in the European Economic Area (EEA), whether on their own or in mixtures or articles, are prohibited after the relevant sunset date unless an Authorisation is held by the user or an upstream supplier. The situation in Great Britain (GB) is the same. As a result of Brexit, Great Britain is now subject to UK REACH and the provisions related to the hexavalent chromium Authorisations are the same as for the EEA. These Authorisations are all recognized under UK REACH such that downstream users in GB may continue to benefit from them in the same way as users in the EEA. As a result of the Northern Ireland (NI) Protocol, in Northern Ireland, EU REACH still applies.

Hexavalent chromium compounds (chromates) listed in Annex XIV (of EU and UK REACH) along with their sunset dates, relevant consortia supporting the Authorisation applicants are shown in the following tables.

Current technology requires and/or specifies the continued use of these chromates in aerospace and defence production and maintenance operations. If you still use any of these chromates in your products, please be aware that:

• Unless your uses are covered by an Authorisation held by yourself or an upstream supplier, then you will have had to cease using the substance or any mixture containing it in the EEA, NI or GB as of the sunset date (in 2017 or 2019).
• Authorisation applications were submitted and have been approved for the continued use of substances containing hexavalent chromium for aerospace and defence applications. Details of all Authorisations can be found on the European Chemical Agency's (ECHA) Authorisation Applications website. These Authorisations are also relevant for operators working under UK REACH, since they are recognized by the new regulation because they were finalized under EU REACH prior to the official Brexit date.
• There are several upstream applications for Authorisation that cover generic uses of chromium trioxide, as well as for specific aerospace and defence uses of chromium trioxide and other chromates. These applications were completed by the following consortia (click link for current status):
  • Chromium Trioxide Authorisation Consortium (CTAC)
    • Contains links for details on the approved Authorisations, press releases, Q&A from the consortium, Good Practice Sheets, and Key Functionalities Notification Templates
    • Scroll through the webpage to find relevant links
  • Chromium VI Compounds for Surface Treatment Consortium (CCST)
    • Contains links for details on the approved Authorisations, press releases, Q&A from the consortium, Good Practice Sheets, and Key Functionalities Notification Templates
    • Scroll through the webpage to find relevant links
  • Global Chromated Consortium for Aerospace Consortium (GCCA)
    • Contains links for details on the approved Authorisations, as well as, a GCCA Authorisation Toolbox
    • Within the toolbox, you will find ECHA notification guidance and a Key Functionalities? reporting tool, as well as worker and environmental monitoring guidance and templates, Q&A, instructional webinars and Exposure Scenarios for the various GCCA-sponsored Authorisations
    • At the bottom of the Toolbox is a link to a Chromate Consortia Authorisation summary sheet
    • Please refer to the Aerospace-AfAs-Quick-Reference table found at the bottom of the GCCA Authorisation Toolbox for the latest version of a summary table of all CTAC, CCST & GCCA-sponsored hexavalent chromium Authorisations, including critical regulatory compliance dates and links to Commission decisions and required conditions of use for each Authorisation. This document is kept up to date by GCCA.
  • Gentrochema BV (Chemical Importer/Distributor)
    • Contains links to the approved Authorisations
  • Indestructible Paint (Chemical Formulator)
    • Contains links to the approved Authorisations

For all the above, ensure that you scroll the entire webpages for relevant information and document links, as they may be at the bottom and out of sight.

If you use any of these substances, either by themselves or in formulations, in the EEA, NI or GB, you can continue to use them, provided you can demonstrate that a company up your supply chain holds one of the authorisations (indicated by an applicable Authorisation number appearing on the product label and Safety Data Sheet), and you follow all requirements defined in the relevant Safety Data Sheets. Additionally, you should:

• Confirm your use is consistent with an applied-for use granted to your upstream supplier
  • If in doubt, consult the supplier of the chemical product and ask them to identify the relevant Authorisation(s)

• Implement Environmental, Health and Safety risk controls, in accordance with conditions of use contained in the relevant Authorisation(s):
  • You must be following the Risk Management Measures (RMMs) & exposure scenarios (ESs) from the latest version of the relevant SDSs and Authorisation decisions.
  • You must also complete worker & environmental exposure assessments, as defined in the conditions of each Authorisation and provide the results to the authorities.
  • If in doubt, consult the supplier of the chemical product and/or the relevant Authorisation dossier (in particular the chemical safety report), which is available on the ECHA website. Once you locate the relevant Authorisation, click on Details link on the far right of the page. Once on the Authorisation- specific page, links to the Adopted Commission Decision and Authorisation Decision can be found at the bottom of the page.

• Under REACH Article 66, you must notify ECHA (if you are in the EEA or NI) or the Health and Safety Executive (HSE) (if you are in GB)) of your uses within 3 months of the chemical being supplied with the Authorisation number included on the label, in accordance with REACH requirements:
  • Refer to ECHA's instructional page for details of submitting notifications for authorised uses.
  • Per REACH Article 66 (2) these notifications will be shared with relevant member state enforcement authorities in the EEA and NI (under EU REACH) and with appropriate authorities in GB (under UK REACH).
  • The GCCA Authorisation Toolbox also offers an instructional video on how to submit a notification.
  • Both GCCA and CCST websites contain tools for Key Functionality reporting that is required as part of Article 66 notifications

As a reminder, please refer to the Aerospace-AfAs-Quick-Reference table found at the bottom of the GCCA Authorisation Toolbox website for the latest version of a summary table of all CTAC, CCST & GCCA-sponsored hexavalent chromium Authorisations, including critical regulatory compliance dates and links to Commission decisions and required conditions of use for each Authorisation.

Summary of Aerospace & Defense-related Upstream Authorisations

Note: This summary does not include information on Authorisations specific to formulation using hexavalent chromium

c

THIS DOCUMENT IS PROVIDED BY INTERNATIONAL AEROSPACE ENVIRONMENTAL GROUP, INC. (?IAEG?) FOR INFORMATIONAL PURPOSES ONLY. ANY INACCURACY OR OMISSION IS NOT THE RESPONSIBILITY OF IAEG. DETERMINATION OF WHETHER AND/OR HOW TO USE ALL OR ANY PORTION OF THIS DOCUMENT IS TO BE MADE IN YOUR SOLE AND ABSOLUTE DISCRETION. PRIOR TO USING THIS DOCUMENT OR ITS CONTENTS, YOU SHOULD REVIEW IT WITH YOUR OWN LEGAL COUNSEL. NO PART OF THIS DOCUMENT CONSTITUTES LEGAL ADVICE. USE OF THIS DOCUMENT IS VOLUNTARY. IAEG DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS DOCUMENT OR ITS CONTENTS. IAEG HEREBY DISCLAIMS ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE, OR ARISING FROM TRADE OR CUSTOM, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IAEG SHALL NOT BE LIABLE FOR ANY LOSSES, EXPENSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST INCOME OR PROFITS, RESULTING FROM OR ARISING OUT OF A COMPANY?S OR INDIVIDUAL?S USE OF THIS DOCUMENT, WHETHER ARISING IN TORT, CONTRACT, STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.