REACH authorisation decision for surface treatment uses of chromium trioxide annulled

Yesterday, the Court of justice annulled the decision that granted authorisation for specific uses of chromium trioxide. The judgement (C-144/21) also ruled that the effects of the decision are maintained for a year. Annulment means that the European Commission must now issue a new decision on the application and users can continue use under so called “transitional arrangements” until the decision is issued.

A very interesting case due to uses concerned (functional chrome plating and various surface treatments), the number of users relying on the authorisations for their continued use and the diverse end use sectors that use the surface treated components.

The ruling is likely to bring more scrutiny on how the availability of alternatives is both reported by applicants and assessed in the authorisation process. It will put further pressure on the current authorisation process that is already earmarked for reform in the ongoing REACH revision. The legislative proposal is expected later this year.

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