[Alt-photo] Dichromates, REACH and the EU

John Brewer john at johnbrewerphotography.com
Tue Sep 20 11:51:08 UTC 2016

Haha, that's an old one Don but nice to read it again ;)

On 19 September 2016 at 00:43, Don Sweet via Alt-photo-process-list <
alt-photo-process-list at lists.altphotolist.org> wrote:

> 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
> /
> ///
> ------------------------------------------------------------------------
> 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
>>>>> _______________________________________________
>>>>> Alt-photo-process-list | altphotolist.org
>>>>> _______________________________________________
>>>> Alt-photo-process-list | altphotolist.org
>> _______________________________________________
>> Alt-photo-process-list | altphotolist.org
> _______________________________________________
> Alt-photo-process-list | altphotolist.org

John Brewer
workshops:equipment sales:chemistry sales

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