REACH: Obligations of Downstream Users


The sunset date for chromium trioxide (September 21, 2017) is approaching. As Annex XIV substance, chromium trioxide will be subject to authorisation, which entails new obligations for downstream users, i.e. formulators and platers.


Under REACH, substances may either be included in Annex XVII (Restricted substances list) or be placed on the so-called candidate list (SVHC list) before they eventually end up in Annex XIV (List of Substances subject to Authorisation).Downstream users should keep the following duties in mind:


Annex XVII substances: all requirements given in Annex XVII must be met.


SVHC candidate list: If candidate substances are present in mixtures, this information has to be included in the safety data sheet.

If candidate substances are present in articles in quantities totalling over 1 tonne per year and producer there is a duty to notify the ECHA under article 7(2). In addition, article 33 requires companies to provide their customers with sufficient information on the SVHC (as a minimum, the name of the substance) if candidate substances are present in articles in a concentration ≥ 0.1% (w/w).


Annex XIV substances: Candidate Substances may eventually be included in Annex XIV. Annex XIV substances may not be placed on the market or used without an authorisation after the sunset date.

Before the sunset date, these substances are subject to the same duties and deadlines like SVHC candidates. After the sunset date, the use of substances subject to authorisation is no longer permitted unless the EU Commission grants an authorisation. If the application for authorisation is rejected by the Commission, the use of the substance ceases. If the Commission decision on the application for authorisation has not been taken yet, nothing changes at first. All duties and deadlines for SVHC candidates have to be met until the EU commission has finalised their decision. After the decision of the EU commission granting an authorisation, users have to notify ECHA within three months of the first time the substance was delivered to them (duty of notification according to article 66). Downstream user notifications for substances on the authorisation list can be submitted online on REACH-IT


Generally, platers have to pay attention to article 33 (duty to communicate information)and article 66 (duty of notification).


Conclusion: Platers using chromium trioxide or additives based on Cr(VI) have to notifiy their use to ECHA themselves and at due notice. This notification can be submitted to ECHA online on REACH-IT. In order to be able to submit their notification, platers must have an active REACH-IT account.