Proposed restriction on Chromium VI compounds: European Commission publishes updated Q&A

After the request from the European Commission sent on 29/09/2023 (and subsequently amended on 29/04/2024 by adding new substances to the scope), on 11/04/2025 the European Chemicals Agency (ECHA) published the proposal for a restriction referring to 13 hexavalent chromium compounds.

Considering that currently several chromium VI compounds are listed in Annex XIV, and therefore subject to authorization, the European Commission has published and subsequently updated some Q&A on the subject (last update of 19/08/2025).

Let's briefly summarize the content of the Q&A:

• Motivation that led to the restriction proposal: the number of applications received for chromium VI compounds far exceeded the forecasts and the management capacity of ECHA and the European Commission. It is therefore necessary to manage the situation with a different regulatory instrument;
  
  
• When the restriction will be introduced: in the best-case scenario, the restriction could be adopted during 2027;
  
  
• How authorisations already granted will be considered: Authorisations already granted will be carefully analysed, with particular reference to risk management measures. The new restriction could include derogations, but these will not necessarily reflect the current authorisations in terms of duration or scope;
  
  
• How to move from authorisation to restriction, from a procedural point of view: If the transition to the restriction is officially defined, the Commission will adopt two acts: the first amending Annex XIV in order to "de-list" the substances in question (no use of the substances will remain covered by the authorisation requirement); and the second amending Annex XVII, to introduce a restriction. The two acts must enter into force simultaneously;
  
  
• How pending applications (for authorisation and renewal) will be handled at the time of entry into force of the restriction: The current regulatory framework remains valid until the entry into force of the restriction: authorisations and related measures will remain effective until the removal of substances from Annex XIV. As new applications and review reports are unlikely to be processed on time, actions are being taken to optimise resources and ensure good administration:

1. 1. ECHA will process authorisation applications for substances other than Cr(VI) before those for Cr(VI). Among Cr(VI) cases, new user authorisations take precedence over other applications and review reports. Applicants for new or reviewed Cr(VI) authorisations should note that approval is unlikely before the restriction takes effect.
      
      
   2. The Commission services will present a proposal to the REACH Committee for extending the submission deadlines of all review reports pertaining to Cr(VI) authorisations within the next period, until after the anticipated entry into force of the restriction (with specific details still under discussion). This approach is intended to prevent the submission of audit reports that are unlikely to be completed or initiated prior to the restriction's implementation.

An extension may be granted by an amending authorisation decision that updates all relevant authorisations. The Commission plans to propose this at the REACH Committee’s October 2025 meeting. This extension will also apply to future decisions made after the amended decision takes effect.

• What will be the fate of the authorisations in force on the date of application of the restriction: With the removal of substances containing Cr(VI) from Annex XIV and the introduction of the related restriction, the authorisation will no longer be applicable to these substances: they will be regulated by Title VIII of REACH. It is being considered to allow valid authorization holders to either keep their current conditions or adopt the new restriction for a defined transition period (e.g., 18 months);
  
  
• A refund of the fee paid at the time of authorisation is possible: The Commission and ECHA are currently discussing the matter, so these comments are provisional. Generally, fees relate to activities performed by the Agency in accordance with the regulatory framework and are not affected by the result of the application. Fees are allocated to cover specific tasks. If the fee has been paid, various scenarios may occur when the restriction takes effect, particularly depending on the progress of the RAC and SEAC opinion preparation. A full refund may be considered if the opinion preparation process has not started.

The Commission clarifies that everything reported in the Q&A document could change over time, so it must be monitored.

Finally, we specify that on 18/06/2025 the public consultation dedicated to the restriction proposal in question was launched, which will close definitively on 18/12/2025. We must therefore wait a few months to hear about the content of the final proposal.