Further information on REACH
The Regulation
Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) was adopted to improve the protection of human health and the environment from the risks that can be posed by chemicals, while enhancing the competitiveness of the EU chemicals industry. The implementation of the REACH processes is managed by the European Chemicals Agency (ECHA) in Helsinki (Finland), in close collaboration with the EU/EEA Member States and the European Commission. REACH enforcement is carried out by the EU/EEA Member States. The European Commission has key decision-making powers, e.g. in the authorisation process and for the adoption of new restrictions.
REACH contains four regulatory regimes: Registration (requiring manufacturers and importers of chemicals to analyse and submit information on substances); Evaluation (checking the quality of registration dossiers and whether a given substance constitutes a risk to human health or the environment); Authorisation (identifying certain Substances of Very High Concern (SVHC), possibly including them on the authorisation list with a defined “sunset date”, with a view to assuring their progressive substitution with safer alternatives, and authorising certain uses of these substances); and Restriction (restricting the manufacture, placing on the market and/or use of certain chemicals presenting an unacceptable risk).
For a substance to be covered by the REACH authorisation system it must be first included in the Candidate List (235 substances on it in June 2023). The next step can be its inclusion in the Authorisation List (Annex XIV – 59 substance as per January 2024 – plus a growing number of candidate list substances recommended for inclusion). From there on the substance will be “banned” from use or sale in the EU/EEA from a determined date (the sunset date). Its use after sunset date will be possible under the regime of a granted authorisation (or, exceptionally, the application of exemption clauses). Instead of the authorisation process, a restriction (Annex XVII) may also be chosen as a regulatory measure to manage unacceptable risks to human health or the environment across the EU. Restrictions may range from bans (with some derogations) to exposure limits, training requirements or other conditions, including for the use of a substance.
The REACH Article 33 obligation for EU/EEA article suppliers to communicate in the supply chain safe use information on articles containing SVHCs on the Candidate List above 0.1% weight by weight is another area posing significant challenges for the Space Sector. This obligation is complemented by a requirement under the EU Waste Framework Directive 2008/98/EC (WFD) for EU article suppliers to submit a notification to the ECHA database for information on Substances of Concern in Products (SCIP); more information on SCIP is available below.
The space sector and REACH
In 2011, an Agency-Industry REACH Working Group was set up, with ESA coordination, to monitor and address REACH issues affecting the space sector. This WG monitors in particular the evolution of the REACH Candidate List, Annex XVII (Restrictions List) and Annex XIV (Authorisation List) and its impact on the space sector.
Since 2012 the REACH WG activities were put under the mandate of the Materials and Technology WG of the CTB that later transformed into the MPTB (Materials and Processes Technology Board). Eurospace monitors activities of the MPTB to enable the identification of actions requiring joint industry actions; key Eurospace member companies also participate in the regular WG and Task Forces meetings.
In the frame of REACH activities Eurospace liaises with the ASD REACH & Chemicals Management Working Group, ensuring appropriate information flow and coordination of actions between space and aeronautics sectors.
Together with our partners, Eurospace also follows closely the proposed evolutions of REACH and other relevant EU chemicals legislation, such as those considered under the European Green Deal, with the European Commission’s “Sustainable Products Initiative” part of the new Circular Economy Action Plan of 11 March 2020 and the “Chemicals Strategy for Sustainability” of 14 October 2020.
To date, the following substances are high on the space industry agenda (the list is not exhaustive):
- Hydrazine: Managed today in the frame of the Energetic Materials Working Group (EMWG) [formerly in the Hydrazine Task Force (HTF)]. The substance has been included as SVHC in the REACH Candidate List in 2011. Following an in-depth analysis involving all relevant space sector stakeholders Eurospace presented an Authorisation Exemption Position Paper for propellant-related uses to the European Commission in October 2012. A clarification by the European Commission is expected at the latest, if and when Hydrazine would be prioritised for Annex XIV. In 2019, other liquid propellants (namely MMH, UDMH and NTO/MON-x) were also included in the Task Force scope. An updated position paper was issued in April 2020.
- Chromates, especially Chromium Trioxide: Managed by the Space Chromates Task Force (STF). Following the broad-scope Commission’s authorisation decision for Chemservice GmbH and others of 18 December 2020, Eurospace has published, and subsequently updated on several occasions a compliance guideline for EU/EEA downstream users in the space industry. The Chemservice authorisation ceases to be valid on 20 April 2024 (Judgment of the Court of Justice of the European Union of 20 April 2023 in Case C-144/21). If you are still using CrO3, you are advised to carefully check your compliance with the REACH authorisation requirement. In parallel, a REACH restriction process has been initiated in September 2023, which is expected to replace the authorisation system for CrO3, chromic acid and possibly other Cr(VI) substances after 2026.
- N-Methyl-2-Pyrrolidone (NMP) – This substance was identified as an SVHC in the REACH Candidate List in 2011. On 9 May 2020 a new restriction (entry 71 of REACH Annex XVII) on the manufacture, placing on the market and use of NMP to ensure that the exposure of workers remains below specified maximum levels entered into application.
- Metallic Lead (Pb): The substance is used in space systems. The major use of concern is in: Tin-Lead soldering for electronics. Lead has been included in the SVHC Candidate List in June in March 2018. In April 2023, ECHA recommended to include lead metal in the REACH Authorisation List. However, a decision by the European Commission which would follow this non-binding recommendation is not expected anytime soon. Eurospace has been supporting the MPTB for the set-up of the Lead Task Force(LTF) addressing lead-related issues for the space sector and advocacy in the REACH process. In 2020, a Space case study on lead has been published as part of the cross-sectoral “Lead Matters” campaign. Additionally, Eurospace provided extensive input (prepared by the LTF) to ECHA and the European Commission in April 2022 in relation to a range of critical space applications of lead in the European Space Sector, opposing the treatment of lead under the authorisation process.
- Diisocyanates: Diisocyanates for production of polyurethanes are used in the European Space Sector for a variety of applications (e. g. cryogenic foams). In August 2020 a new restriction (entry 74 of REACH Annex XVII) on the placing on the market and use of diisocyanates entered into force; it requires adequate training before industrial and professional use as from 24 August 2023.
- Propellants and explosives (energetic materials): Managed in the frame of the Energetic Materials Working Group (EMWG). The EMWG is a long-term collaboration of industry and agencies to monitor and take the required actions to determine and mitigate possible regulatory obsolescence risks – mainly but not limited to the REACH – for substances used in energetic materials for space applications. The list of energetic materials currently being monitored comprises more than 70 entries (status as of January 2024), including and going beyond the liquid propellants formerly subject to the Hydrazine Task Force to also monitor other essential propellants and explosives, such as ammonium perchlorate, hexogen “RDX”, hydrogen peroxide and lead azide.
- Per- and Polyfluoroalkyl substances (PFASs): On 13 January 2023 five national authorities of Denmark, Germany, the Netherlands, Norway and Sweden have submitted a wide-scope REACH restriction proposal in order to ban the entire group of PFAS substances (> 10 000 substances) in the EU, subject to a number of exclusions and (mainly 5-year or 12-year) derogations. In response to this (and other group restriction proposals such as for Bisphenol A and some other bisphenol substances) a Space Restrictions Task Force (RTF) was created in February 2023. In September 2023, Eurospace has submitted detailed input on a long list of space applications of PFAS to ECHA, including requests for comprehensive exemptions / derogations to ensure continuity for space applications. The restriction could be effective from 2026/7 onwards and the on-going process leading to its adoption, including the uptake of the Eurospace (RTF) input and requests, needs to be monitored closely.
In the medium term, other substances may be prioritised by REACH or related legislation (such as Regulation (EU) No 2019/1021 on persistent organic pollutants – POPs Regulation) with potential concerns for the space sector; examples include:
- Perchloric acid,its salts and precursors (used as oxidiser in solid propulsion systems: e.g. Ariane and Vega main propulsion)
- Boric Acid
- Borates (crystals, lasers, optical instruments)
- D4-6 cyclosiloxanes (the basic building blocks for many silicone polymers
- Gallium Arsenide (GaAs – solar generators, EEE components)
- Nickel derivates (surface treatment, energy storage)
- Bisphenol-A (BPA) (Used in Epoxy resins)
These key example cases alone show the significant potential impact of the REACH chemicals regulation on a broad range of applications in the space sector, which was not a primary target of these rules but is not exempted as such from the REACH requirements.
It is also important to note that outside of REACH for many of the substances mentioned above there are recent, new or pending EU occupational exposure limits (OELs) under the Chemical Agents Directive 98/24/EC and the Carcinogens, Mutagens or Reprotoxic substances Directive 2004/37/EC in order to protect workers. Examples include hydrazine (adopted), Cr(VI) substances (adopted), lead metal (revision pending adoption) or diisocyanates (new OEL pending adoption). Legal compliance with such limits can be challenging.
SCIP notification
In addition, the sector is working on the application aspects of the revised Waste Framework Directive 2008/98/EC (WFD), as transposed in different ways in the EU Member States:
- Article 9 of the revised WFD foresees a notification requirement for EU article suppliers effective since 5 January 2021 and creation of a corresponding ECHA database named SCIP by ECHA for EU-supplied articles containing substances included in the REACH Candidate List above 0.1% weight by weight. Going beyond the WFD legal requirements, ECHA has provided public access to this database. Products sent into space and related means of transport such as launch vehicles typically do not result in waste for treatment on Earth/ in the EU. Therefore, such products are not part of the Circular Economy and appear to fall outside the scope of the WFD. Yet, an explicit exemption is not foreseen for such products, and information disclosure in ECHA’s SCIP database can raise serious security concerns. Against this background the WFD Task Force of the European Space Sector has prepared a Best-Practice Guidance for space industry in 2020 to comply with SCIP notification, taking into account the special case of space products. The Guidance is currently (January 2024) available in its 2nd update (dated 19 September 2022).
Eurospace REACH Task Forces / Working Groups
Eurospace supports the coordination and implementation of joint space industry actions in the REACH framework with dedicated Task Forces:
- CSS SFG – Space Focus Group set up to follow the EU Chemicals Strategy for Sustainability (CSS) with the planned REACH Regulation Revision and the Sustainable Products Initiative (SPI)
- EMWG – Energetic Materials Working Group; it monitors regulatory evolutions (mainly but not limited to REACH) for around 70 substances for space propellants and explosives and includes also the former scope of the HTF – Hydrazine Task Force (discontinued in October 2022)
- LTF – Lead Metal Task Force to follow the introduction of regulatory measures for lead metal under REACH and EU workplace legislation
- RTF – Restrictions Task Force, including group restriction proposals for “universal” PFAS, certain bisphenols and cyclosiloxanes (D4-6) under REACH and (additionally for D4-6) the Stockholm Convention (POPs)
- STF – Space Chromates Task Force to monitor the regulatory treatment of chromium trioxide and other Cr(VI) substances under REACH authorisation and restriction processes and provide up-to-date compliance guidelines to space downstream users
- WFD/SCIP TF – Waste Framework Directive Task Force to provide up-to-date guidelines for article suppliers in the space industry to comply with the SCIP notification requirement to ECHA pursuant to WFD Art. 9(1)(i)
For information about the REACH Task Forces please contact Pierre Lionnet (Research and Managing Director).
All REACH activities of the space industry are coordinated with the Materials and Processes technology Board, managed by ESA. They are administered and technically supported by REACHLaw, a consultancy company headquartered in Helsinki, Finland.
Recent Publications
- Continued use of chromium trioxide in chemical conversion coatings for space hardware after the REACH authorisation sunset date on 21 September 2017 (issue 8) HERE
- August 2024: ESCC MPTB (STF) recommendations for users of chromium trioxide in chemical conversion coatings for European Space Programmes – latest version of 22 August 2023 available HERE
- September 2023: Eurospace (RTF) comments on the “universal PFAS” restriction proposal – available HERE
- May 2023: Eurospace (RTF) comments on the bisphenols group restriction proposal – available HERE
- September 2022: Eurospace (WFD/SCIP TF) updated SCIP Space Best-Practice Guidance (v.1.2) – available HERE
- June 2022: Eurospace (CSS SFG) comments on the European Commission proposal of 30 March 2022 for an Ecodesign for Sustainable Products Regulation (ESPR) – available HERE
- April 2022: Eurospace (LTF) comments to ECHA and the European Commission on recommending lead metal for the REACH Authorisation List – available HERE
- April 2022: Eurospace (CSS SFG) comments on the proposed CSS REACH Revision – available HERE
- September 2020 – Eurospace (EMWG) New Space Sector Working Group on Energetic Materials – available HERE; update of February 2021 available HERE
- April 2020 – Eurospace (HTF) revised REACH authorisation exemption position on hydrazine and other liquid propellants – available HERE
Other useful links
- European Space Components Information Exchange System (ESCIES): Information from the Materials and Processes Technology Board (MPTB) – available HERE
- 4th ESA REACH Worksop on 18 October 2022 at ESA HQ in Paris – presentations and summary available HERE
- Website of the European Chemicals Agency (ECHA) – available HERE
