Continued use of chromium trioxide under EU REACH after annulment of Commission decision C(2020) 8797 – updated guideline for users in the European Space Sector

/in /by

ASD-Eurospace wishes to inform users of chromium trioxide (CAS 1333-82-0) in the European Space Sector that they may continue the use of chromium trioxide within the boundaries of the European Commission decision C(2020) 8797 final of 18 December 2020 (so-called “CTACSub Authorisation Decision) until further notice, and at the latest until 20 April 2024.

Even though, with its judgment of 20 April 2023 in Case C-144/21 European Parliament v European Commission, the Court of Justice of the European Union (CJEU) has annulled most parts of the CTACSub Authorisation Decision, the Court declared its effects to be maintained for a period not exceeding one year from the date of delivery of the judgment, i.e. at the latest by 20 April 2024. The annulment was justified in particular with uncertainties concerning the assessment of exposure and the absence of suitable alternatives due to the broad scope of the CTACSub application for authorisation.

Currently, the European Commission is still in the process of analysing the CJEU judgment, next steps with regard to the revision of the CTACSub Authorisation decision and possible regulatory changes.

—

In order to enhance clarity about the consequences of the CJEU judgment and recommended actions for users, ASD-Eurospace is pleased to share a further update of the related REACH compliance guideline of 27 July 2023 (ref. MPTB-ESA-MO-0126), available HERE; it is replacing the previous version of 18 November 2021 (see Eurospace news alert). For updated information, please view in particular questions and answers # 1, 6, 7, 11 and 12 in the guideline.

The guideline aims to facilitate compliance for the continued use of chromium trioxide in chemical conversion coatings for space hardware after the REACH authorisation sunset date on 21 September 2017. It focuses on certain formulations by HENKEL, namely BONDERITE M-CR 1200 AERO, BONDERITE M-CR 1200S AERO and BONDERITE M-CR 600 AERO.

The updated guideline also includes recommendations for continued use after 20 April 2024, as well as other recent developments, such as the submissions made under the Aerospace and Defence Chromates Reauthorisation Consortium (ADCR) to the European Chemicals Agency (ECHA) earlier this year.

The guideline has been prepared and is kept up to date in the frame of the Space Chromates Task Force (STF) of the Materials and Processes Technology Board of the European Space Components Coordination (ESCC MPTB). The ESCC MPTB is a partnership between the European Space Agency (ESA), national space agencies, and space industry represented by ASD-Eurospace; it is chaired by ESA.

ASD-Eurospace aims to share future relevant updates on this topic in the future.

Contacts:

  • Secretariat: Pierre Lionnet, Research and Managing Director, ASD-EUROSPACE, pierre.lionnet@eurospace.org, +33 (0)1 44 42 00 70
  • REACH Expert: Tim Becker, Senior Legal Advisor, REACHLaw Ltd., tim.becker@reachlaw.fi; +358 (0)40 773 8143