ECHA, as requested by the Commission, has submitted a proposal recommending an amendment to an existing restriction (entry 6 in the Annex XVII in the REACH legislation), which prohibits the manufacture, placing on the market and use of asbestos fibres, and of articles and mixtures containing these fibres added intentionally. The entry also gives a possibility for a Member State to exempt the placing on the market and use of diaphragms containing one of the fibres, namely chrysotile, for existing electrolysis installations until they reach the end of their service life, or until suitable chrysotile-free substitutes become available, whichever is the sooner.

The restriction report proposes that the existing derogation on chrysotile in the entry is made time-limited until 2025. Furthermore, the companies making use of the derogation would need to annually report their use of and risks related to the use of chrysotile. The restriction report is called „Amendment to a restriction“ reflecting the fact, that it is a minor modification to an existing restriction with minor impacts.

Due to the very targeted focus on the two electrolysis installations currently relying on this exemption – AarhusKarlshamn Sweden AB (AAK), a hydrogen production facility in Karlshamn, Sweden and Dow Deutschland Anlagengesellschaft mbH (Dow), a chlor-alkali installation in Stade, Germany – ECHA has consulted with these two companies extensively in 2013.

We can see the restriction as follows:

Name of the substance

Conditions of restriction

6. Asbestos fibres (a) Crocidolite CAS No 12001-28-4 (b) Amosite CAS No 12172-73-5 (c) Anthophyllite CAS No 77536-67-5 (d) Actinolite CAS No 77536-66-4 (e) Tremolite CAS No 77536-68-6 (f) Chrysotile CAS No 12001-29-5 CAS No 132207-32-0

[1.]The manufacture, placing on the market and use of these fibres and of articles and mixtures containing these fibres added intentionally is prohibited. [2.]By way of derogation, paragraph 1 shall not apply until 31 December 2025 regarding the placing on the market and use of diaphragms containing chrysotile (point (f)), and placing on the market and use of chrysotile fibres used exclusively for the purpose of including such fibres in diaphragms, to electrolysis installations in use on 17 January 2013, if placing on the market or use were exempted by a Member State in accordance with the restriction on asbestos fibres as initially codified by Regulation (EC) No 1907/2006 of 18 December 2006 (OJ L 396, 30.12.2006). Without prejudice to the application of other Union provisions on the protection of workers from asbestos, any manufacturer, importer or downstream user benefiting from the derogation shall: i) minimise exposure to asbestos fibres placed on the market or used in compliance with the derogation of this paragraph, ii) prepare an annual report per calendar year giving the amount of chrysotile placed on the market and used in diaphragms, in compliance with the derogation of this paragraph, iii) send the report specified in para 2(ii) to the relevant Member State giving the exemption and the European Commission, with a copy to the European Chemicals Agency, including a translation into English in case the original report is drawn up in another official language than English, by 31 January of the following year. The relevant Member States giving the exemption may set a specific limit value for fibres in air or a monitoring regime for ensuring compliance with paragraph 2(i). If a monitoring regime is required, the results of the monitoring of exposures from the use of diaphragms and any fibres used should be included in the report specified in paragraph 2(ii). If a party granted a exemption concludes that the exemption needs to be extended because the relevant electrolysis installation has not reached the end of its service life and technically or economically viable asbestos-free substitutes are not yet available, they shall submit a report by 31 December 2020 to the Member State granting the exemption and the European Commission. The report shall include a risk assessment, including any relevant Exposure Scenarios describing the measures to minimise the risks, an Analysis of alternatives, and any information relevant for a socio-economic analysis related to the need for a further derogation. [3.]….. [4.]…..

The final opinions of Risk Assessment (RAC) and Socio-economic Analysis (SEAC) are scheduled to be available by March 2015. ECHA will send these two opinions to the European Commission, which will take the decision whether to include the new restriction in Annex XVII of the REACH Regulation.

Annex XV restriction report amendment to a restriction-chrysotile

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