FAQ on REACH

REACH – Regulation (EC) 1907/2006 is the European Chemicals Regulation concerning the Registration, Evaluation, Authorisation and Restriction of CHemicals. The aim of REACH is to ensure a high level of protection for human health and the environment. The principle is that manufacturers, importers and downstream users take responsibility for their chemicals, i.e. that they use the chemicals placed on the market safely. The REACH Regulation has been in force since 2007 and is considered one of the strictest chemicals laws in the world. Further information on REACH.

The chromic acid required for chrome plating consists of aqueous chromium trioxide. Chromium trioxide is a hexavalent chromium compound, which is why it is also referred to as chromium(VI). Chromium trioxide is classified as mutagenic and carcinogenic, which is why it was included in the list of substances of very high concern (SVHC) in 2010. With the listing in Annex XIV of the REACH Regulation, chromium trioxide may only be used after the sunset date (21 September 2017) if an authorisation has been granted by the EU Commission and the user has taken appropriate and effective measures to protect employees, the environment and the population.

No. The chromium layer deposited in the galvanic process is present as a metal in neutral form – chromium(0) – and is not toxic. Chromium-plated components are harmless.

With the Commission Implementing Decision of 12 June 2024, an authorisation was granted to Betz-Chrom GmbH for the use of chromium trioxide in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council. The review period of the authorisation ends on 15 February 2033, which means that the authorisation will become invalid on this date if Betz-Chrom, as the authorisation holder, does not submit a review report by 15 August 2031. You can view the decision on the authorisation for Betz-Chrom in the EU Official Journal.

Based on the current state of technology and taking current developments into account, we do not assume that a complete substitution of chromium(VI)-based hard chrome for all of our customers’ applications will be possible by 2033. If this assumption is confirmed, we will prepare a review report on the extension of the authorisation at the appropriate time. We are endeavouring to offer our customers a technologically and economically viable alternative to chromium trioxide and will continue to carry out legally compliant hard chrome plating with chromium(VI) until then.

You can find more detailed information on our authorisation procedure and verification documents under the next question “How does the authorisation procedure work?”.

The application is structured in four parts. The Chemical Safety Report (CSR) contains the risks and risk minimisation measures associated with the use of the substance. The Analysis of Alternatives (AoA) examines the technical and economic feasibility, availability and risk reduction potential of alternative substances and technologies. The Socio-Economic Analysis (SEA) weighs the benefits against the costs to society if authorisation for the use of the substance were not granted. The Substitution Plan (SP) contains a concept including a timetable for replacing the substance with an alternative. More on how to prepare an application for authorisation.

After almost two years of preparation, Betz-Chrom submitted the individual application to ECHA in February 2021. ECHA then published the application on its website and invited the public to give information on possible alternative substances or technologies for these uses. The consultation period lasted a total of eight weeks and ended on 14 July 2021. Our application is publicly available at application for authorisation of Betz-Chrom.

The Risk Assessment Committee (RAC) and the Committee for Socio-Economic Analysis (SEAC) prepare their draft opinions within 10 months of receiving the application. The opinions of the committees are based on the application and on the information received during the consultation on possible alternatives. More general information on the opinion development of RAC and SEAC.

The first important milestone in our authorisation procedure has been reached with the opinion of RAC and SEAC. In their statement on our individual application, RAC and SEAC recommended authorisation for 12 years (proposed review period: long). In March 2022, the Secretariat sent the opinion to the European Commission. In addition, the opinion of RAC and SEAC on the application of Betz-Chrom GmbH was published on the ECHA website.

Based on the RAC/SEAC opinion, the European Commission is preparing a draft authorisation decision. Following the draft decision, a vote takes place in the REACH Committee and the subsequent adoption procedure in the Commission. If the authorisation is granted by the European Commission, it is subject to the conditions of the chemical safety report submitted with the application. Additional conditions may be laid down in the Commission’s authorisation decision. More general information on the European Commission’s decision-making procedure.

The second important milestone in our authorisation process followed on 29.04.2024. All 27 member states of the European Commission voted positively on the draft decision with an authorisation until 15.02.2033. The European Commission thus followed ECHA’s recommendation for a 12-year authorisation (valid from submission of the application). The agreed draft decision and the result of the vote can be viewed publicly on the European Commission’s website.

With the Commission Implementing Decision of 12.06.2024, a partial authorisation in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council was granted to Betz-Chrom GmbH for a use of chromium trioxide. With the publication of the decision in the EU Official Journal, the legal act is considered finalised and legally binding. You can find the decision on the authorisation for Betz-Chrom in the EU Official Journal.

The review period for the authorisation expires on 15 February 2033. This means that the authorisation will become invalid on this date if Betz-Chrom, as the authorisation holder, has not submitted a review report by 15 August 2031. Based on the current state of technology and taking current developments into account, we do not assume that a complete substitution of chromium(VI)-based hard chrome for all of our customers’ applications will be possible by 2033. If this assumption is confirmed, we will prepare a review report on the extension of the authorisation at the appropriate time.

Due to the complexity and importance of the authorisation application, Betz-Chrom will be supported throughout the process by the renowned engineering and management consultancy Ramboll. Ramboll is very experienced in the field of REACH authorisations and has successfully implemented many similar projects.

Originally, it was explicitly intended by the authorities that users join together in consortia and submit joint applications for authorisation. In theory, a consortium application has the advantage that it relies on a broad base of knowledge to establish a secure data situation. In practice, it has proven to be very complex and time-consuming to share and process this knowledge. Moreover, in the past many companies were not willing to make sufficient data available. The biggest point of criticism, however, is that the components and corresponding industrial applications as well as the risk minimisation measures differ widely between the companies in the consortium. This made the assessment of the data situation on the regulatory side a difficult undertaking and uncertainties (e.g. availability of alternatives) could not be sufficiently reduced. As a result, the CTACSub application became the focus of political attention and ultimately the decision on approval dragged on for several years.

Betz-Chrom submitted an individual application for the use of chromium trioxide to ECHA in February 2021. The individual application allows Betz-Chrom to demonstrate the use of chromium(VI) in the specific application as well as the high standard of risk minimisation measures and to support this with exposure and emission measurements. This increases the chances for a longer review period compared to a consortium application. Currently, we have to assume that a complete substitution of chromium trioxide will not be possible within the review period. In this case, it is also possible to extend the authorisation in the individual application by submitting a follow-up application (review report).

The European Chemicals Agency (ECHA) has received a mandate from the European Commission to draw up a proposal to restrict certain chromium(VI) compounds that are currently on the authorisation list for substances of very high concern (SVHC). These substances are listed in entries 16 and 17 of Annex XIV of the REACH Regulation. Chromium(VI) would therefore no longer be regulated in Annex XIV (authorisations) but in Annex XVII (restrictions). The measure is a reaction to the current and future workload for ECHA and the EU Commission in processing authorisation procedures.

When regulating via authorisations, companies must apply for an authorisation for the use of chromium trioxide, either individually or jointly in a consortium. These applications must be renewed regularly. In contrast, a restriction sets specific conditions for all users under which chromium trioxide may be used. Companies must ensure that they comply with these conditions without having to go through an authorisation process. If designed appropriately, a restriction should therefore reduce the administrative burden for companies and authorities compared to an authorisation process, reduce costs, create a level playing field and increase planning certainty.

ECHA will submit the restriction proposal by 4 October 2024. The proposal must then be reviewed and voted on. This process can take several months to years before the restriction actually takes effect. Until then, authorisation for the use of chromium(VI) is still required.

It is currently uncertain for companies in the EU whether and when the change from the authorisation procedure to the restriction procedure will take place. In order to be legally compliant, companies must avoid a time gap between their authorisation and the possible restriction. Our individual authorisation for the use of chromium trioxide gives us long-term legal and planning certainty. We will closely monitor further developments regarding the restriction proposal.

Yes! Since 2017, Betz-Chrom has been working with innovative chemical suppliers and testing electrolytes based on trivalent chromium compounds for hard chrome plating. The result of this research collaboration is our BeGreen Chrome® pilot process, in which a functional hard chrome layer is deposited from a chromium(III) electrolyte. The coating properties differ in some respects from conventional hard chrome plating, which is why the feasibility for the respective application must be tested. For more information, please visit our BeGreen Chrome website.

Betz-Chrom is also involved as an industrial partner in the DigiChrom research project – digital tools for improving electroplated coatings using the example of chromium(III)-based processes. The aim of the project is to make research into electroplating systems much more target-oriented and efficient using digital approaches such as machine learning and simulation as well as an associated ontology. The project started at the end of 2023 and is funded by the Federal Ministry of Education and Research (BMBF). Further information on the DigiChrom project and the project partners can be found on MaterialDigital.

Based on our expertise in electroplating technology acquired over decades, we focus on an alternative electroplating process. However, Betz-Chrom also considers possible alternatives in other areas of technology.

We are endeavouring to offer our customers a technologically and economically feasible alternative to chromium trioxide and, until then, will continue to carry out legally compliant hard chrome plating with chromium(VI).

Ideally, you support us in the research and development of an alternative for chromium trioxide in hard chrome plating. Only through the feedback of our customers can we further develop chromium plating on the basis of trivalent chromium compounds so that it becomes a technically and economically feasible alternative to chromium(VI). We are therefore looking for further interested pioneers who want to test a functional chrome plating with chromium(III) on their components and in their specific application.

Have you already tested an alternative to chromium(VI) for a specific application? Such information is particularly valuable for us as a contract coater, which is why we are happy to exchange knowledge – also on possible alternatives outside of electroplating.

You can find further information under BeGreen Chrome and Research and Development at Betz-Chrom or write to us directly at anfragen@betz-chrom.de.