[Alt-photo] Dichromates, REACH and the EU

Laura V laura at lavatop.com
Sun Sep 18 21:46:25 UTC 2016

Works for me :D

On 9/18/16 2:41 PM, John Brewer via Alt-photo-process-list wrote:
> Well if you experiment with your practice that's research and development,
> no?
> John
> On 17 September 2016 at 19:31, Laura V via Alt-photo-process-list <
> alt-photo-process-list at lists.altphotolist.org> wrote:
>> Thanks John...so we are scientists now and not artists?
>> Laura
>> On 9/17/16 4:05 PM, John Brewer via Alt-photo-process-list wrote:
>>> Hello dichromate users
>>> I wrote to the UK Health and Safety Executive a while ago and received
>>> the reply below. As a tutor, practitioner and supplier of some alt process
>>> chemistry I can buy dichromates without filling out the crazy form as it
>>> can be used for 'research and development'. Note that doesn't mean I can
>>> supply. I forwarded this email to my supplier who deals directly with Sigma
>>> and they have no problem selling it to me provided it's in small
>>> quantities. I'm not sure if this will apply to individuals but it's worth
>>> quoting the information below to your supplier.
>>> I hope the email below helps some of you European dichromate users.
>>> Best wishes
>>> John
>>> Dear John,
>>>    As you note, potassium chromate is listed in Annex XIV of REACH and is
>>> therefore subject to authorisation. The sunset date for potassium
>>> dichromate is 21 September 2017. After this date, it will not be permitted
>>> for a company (including self-employed individuals) to use the substance in
>>> the EU, or place the substance on the market for a use, unless they have
>>> authorisation from the European Commission. It is technically challenging
>>> and expensive to apply for authorisation.
>>>    The ideal option beyond the sunset date would be to use a viable, safer
>>> alternative to potassium dichromate. Perhaps this has already been
>>> addressed in your industry? It may be worth talking to other painters
>>> and/or a relevant trade association to find out if others have already
>>> considered this issue and the approach they are taking.
>>>    Alternatively, especially as you use such a low volume, you might
>>> consider whether any of the exemptions from authorisation might apply here.
>>> They can be found in our bitesize leaflet on authorisation (leaflet number
>>> 19 at:  http://www.hse.gov.uk/reach/bitesize.htm). For example, Article
>>> 56(3) is clear that authorisation does not apply to the use of substances
>>> for scientific research and development (SRD).
>>>    You mention that you are a tutor. It is possible that your use of the
>>> substance (as a tutor) could be considered as SRD. SRD is a defined term in
>>> REACH [Article 3(23)] as “scientific research and development: means any
>>> scientific experimentation, analysis or chemical research carried out under
>>> controlled conditions in a volume less than 1 tonne per year”.
>>> ·         As well as covering chemical research, it also applies to
>>> scientific experimentation or analysis;
>>> ·         The definition includes an ‘or’ and an ‘any’ so logically, the
>>> ‘any’ applies to all three terms in the list; i.e., any scientific
>>> experimentation, any analysis, and any chemical research;
>>>    However, it would be for you (and others who use chromium compounds in
>>> a similar way) to decide whether your use meets any of the exemptions.
>>> Should you decide to continue to use the substance after the sunset date,
>>> we would recommend that you document any decisions made in case you are
>>> ever challenged by a Regulatory Authority.
>>>    Authorisation can be applied for by the user of the chemical or by the
>>> EU-based supplier on behalf of the people they supply to. Therefore, if you
>>> decide that the criteria for exemption are not met (i.e. that authorisation
>>> is required), the next step you take will be determined by where your
>>> supplier is based. If your supplier is based in the EU, we would recommend
>>> that you contact your supplier to find out whether the supplier has applied
>>> for authorisation, and whether you can benefit from this.
>>>    If you source the substance directly from outside the EU, the duty to
>>> apply for authorisation would fall to you. However, we appreciate that this
>>> may be an unrealistic task. Please don’t hesitate to get back in touch with
>>> the helpdesk should you wish to discuss this further.
>>>    I hope this helps.
>>>    Kind regards,
>>>    Laura
>>> ------------------------
>>> Laura McCabe
>>> REACH & CLP Helpdesk
>>> Chemicals Regulation Division
>>>    HSE, Redgrave Court, Bootle, Merseyside L20 7HS
>>> Sent from my iPad
>>> _______________________________________________
>>> Alt-photo-process-list | altphotolist.org
>> _______________________________________________
>> Alt-photo-process-list | altphotolist.org

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