After years of continuous and clear criticism by the ZVO and the European umbrella organization CETS, there is finally a reaction to the fundamental errors and the resulting massive problems that the authorization procedure used so far has brought with it. The fundamental (previous) difference between authorization and restriction procedures is that in the authorization procedure the use of the substance is not permitted unless there is a corresponding authorization for the intended use - the burden of proof here lies with the company - whereas in restriction procedures the use is permitted unless the specific use is banned or restricted due to an unacceptable risk. In the latter case, the burden of proof is on the authorities.
In 2013, chromium trioxide was placed on Annex XIV of the REACH Regulation, requiring companies to obtain authorizations for its intended use in order to continue using it. For this purpose, extensive applications had to be submitted describing the intended use and outlining the extent to which a substitution of chromium trioxide is possible or has already been implemented. Because of the fundamental error of regulating chromium trioxide via the end products and their uses, an extreme burden was created for both the applying companies and the reviewing authorities. The large number and abundance of applications in terms of content led to massive delays - in some cases, applicants have been waiting six years for a decision.
In principle, this latest development is to be welcomed, according to the ZVO. However, the present mandate for ECHA shows that, due to problem analyses not having been carried out, the fundamental previous mistakes have not been fully recognized.... The ZVO and the European umbrella organization CETS will be in coordination with ECHA and the European Commission in the coming weeks and months to advocate for an optimal design of the restriction proposal. According to the EU Commission, the restriction will not officially enter into force for at least three years. This would be September 2026, in which case the authorization requirement would be dropped at the same time.
On the website of the ZVO you will find further information and related links .