[Alt-photo] Dichromates, REACH and the EU

Don Sweet don at sweetlegal.co.nz
Sun Sep 18 23:43:52 UTC 2016


Europeans are very lucky to have the EU to keep you safe in this way.  
Our hopes and prayers should go out to the poor British, who may get no 
more of this protection following Brexit.

We in New Zealand are left in grave peril; even dihydrogen monoxide 
remains unregulated despite the efforts of some of our politicians over 
the last few years.  See:

http://www.stuff.co.nz/national/politics/38005/National-MP-falls-victim-to-water-hoax

Regards

Don Sweet
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On 19/09/2016 9:46 a.m., Laura V via Alt-photo-process-list wrote:
> 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
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>>>>
>>>>
>>>>
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>>
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>
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