On April 20, 2023, EU General Court annulled the authorization of chromium trioxide in its manufacture process as to its concerned uses in the following:
- uses in functional chrome plating (category 2);
- uses in surface treatment for applications in the aeronautics and aerospace sectors (unrelated to functional chrome plating with decorative character) (category 4);
- uses in surface treatment (except passivation of tin-plated steel (electrolytic tin plating – ETP)) for applications in various industry sectors, namely architectural, automotive, metal manufacturing and finishing, and general engineering (unrelated to functional chrome plating or functional chrome plating with decorative character) (category 5); and
- uses in the formulation of mixtures used in category 2, 4, and 5 (category 1).
About Chromium trioxide
Chromium trioxide is a highly toxic substance that is considered to pose significant threats to human health and the environment, and whose authorization is strongly opposed by other EU countries and environmental communities. The reason why EU General Court annulled the authorization is because it believed that the European Commission had not made right assessments and had not adequately considered the potential influence of chromium trioxide on human health and the environment during the authorization process.
Recently, the EU General Court delivered the ruling that cancels the upstream authorization for chromium trioxide. In accordance with the evaluation and restriction of new and existing substances under REACH regulation, chromium trioxide is considered to be carcinogenic, mutagenic, and toxic to reproduction, and is listed on the candidate list and the authorization list. However, the Commission approved multiple uses of chromium trioxide in its decision without adequately considering the risks it poses to human health and the environment. However, the European Commission did not consider its potential risks to human health and the environment when it approved its multiple uses.
EU General Court believed that the Commission failed to meet the requirements of Article 60(4) of the REACH regulation in the authorization of chromium trioxide, as the risks posed by chromium trioxide to human health were inadequately assessed and the conclusion that no alternatives of chromium trioxide can be made. Therefore, the Commission should have rejected the application. However, the Court believed that the effect of the decision should be temporarily maintained until the Commission makes a new decision. As a result, the effect of the decision should be preserved for a period of one year following the ruling. During this period, applicants for the authorization of chromium trioxide and downstream users may use the substance, but relevant relevant risk management and monitoring measures shall be complied with. Additionally, EU General Court stipulated that the duration of maintaining the effect of these authorizations should not exceed one year from the date of delivery of the judgment.
Comments:
This verdict has a direct influence on the chromium trioxide industry and its supply chain. In EU, chromium trioxide is primarily used as a catalyst or coloring agent in surface coatings, electroplates, paints, plastics, and pigments. Upstream suppliers and downstream users may need to seek alternatives or explore new technologies.
