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April 26, 2013

ECHA Updates Authorization List with Eight New Substances

Bergeson & Campbell, P.C.

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 NameCAS NumberEC NumberLast Application DateSunset Date
Trichloroethylene79-01-6201-167-4October 21, 2014April 21, 2016
Chromium trioxide1333-82-0215-607-8March 21, 2016September 21, 2017
Acids generated from chromium trioxide and their oligomers Group containing:
Chromic acid
Dichromic acid
Oligomers of chromic acid and dichromic acid
Not yet
Not yet
March 21, 2016September 21, 2017
Sodium dichromate7789-12-0234-190-3March 21, 2016September 21, 2017
Potassium dichromate7778-50-9231-906-6March 21, 2016September 21, 2017
Ammonium dichromate7789-09-5232-143-1March 21, 2016September 21, 2017
Potassium chromate7789-00-6232-140-5March 21, 2016September 21, 2017
Sodium chromate7775-11-3231-889-5March 21, 2016September 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).


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.