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ADCR Launch Event held in Brussels
ADCR Launch Event held in Brussels
The launch meeting of the newly formed Aerospace and Defence Chromates Re-authorisation (ADCR) Consortium was held in Brussels on the 20 September to mark the start of the work towards new and repeat Authorisation applications, the first time on a sectoral basis.
Representatives from over 45 organisations, participating both in person and remotely, were welcomed by the ADCR Chair Steve George, and introduced to the Technical Services and Consortium Management which includes RPA, FoBiG, Bureau Veritas and Fieldfisher who hosted the meeting at their Brussels offices.
The Technical Services team delivered a series of presentations outlining the aims, management, structure and scope of the ADCR. In addition, Matti Vainio, Head of the Risk Management II Unit at ECHA, delivered a presentation on the state of play for REACH Authorisation and answered questions from the participants.
The current Authorisation status and timelines for work for the re-Authorisation of Cr(VI) substance uses in the aerospace and defence sectors were also discussed and the challenges faced by these sectors were explained. The Technical Services team shared with delegates the results of an initial substance-use mapping exercise which has identified potentially more than 80 possible Cr(VI) substance-use combinations which may be of relevance to the aerospace and defence sectors. Possibilities of grouping substances were discussed, and preliminary estimates of associated costs were given consideration.
© Fieldfisher LLP
A strong emphasis was made on the level of detail in the conditions of use coming out of existing Authorisation applications, which is much more detailed and therefore limiting than industry anticipated prior to initial applications. This makes it all the more important that all industry users get involved this time around to ensure their remaining uses will be covered in this project going forward.
In addition, Fieldfisher presented to delegates the Consortium Agreement which became effective on the day of the launch meeting and explained the different membership options and the associated rights and obligations of membership. The important benefits of membership were further explained.
The ADCR Consortium is now progressing to an important Scoping Phase where the scope and priorities of Authorisation work will be explored and substance-use groups will be formed. Potential members considering joining the ADCR Consortium are invited to contact the ADCR Consortium at adcr-info@rpaltd.co.uk
for further information, and to obtain a copy of the Consortium Agreement. Those joining by 20 December 2019 will be classed as Founding members; early entry is encouraged as this will further facilitate and support the upcoming Scoping Phase.
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On 20 April 2023, the Court of Justice of the EU issued its judgment in Case C-144/21 European Parliament v European Commission . The case concerned an action brought by the Parliament for the annulment of the Commission's Implementing Decision of 18 December 2020 granting authorisation of certain uses of chromium trioxide (the original CTAC authorisation). As expected, the Court annulled the authorisation decision, but maintained the effects of the decision until the Commission issues a replacement decision. This will very likely be a rejection of the authorisation, as directed by the Court in the present judgment. The judgment followed the Opinion of the Advocate General of 27 October 2022 , and is based on the following factors: Lack of representativeness, reliability and completeness of the submitted worker exposure data, leading to an insufficient risk assessment, based on which the Commission was not in a position to conclude that the socio-economic benefits of the uses in question outweighed their risks to human health. Failure by the Commission to ascertain that there were no suitable alternatives for the uses in question. The Court also considered that the conditions had to be met at the time the decision was adopted. This meant that the Commission could not remedy the lack of sufficient data by providing the obligation for applicants for authorisation to provide additional information in the review reports, such as exposure scenarios and related risk management measures, which were lacking in the risk assessment. However, the Court also stipulated that the effects are to be maintained for only one year from the date of the judgment, which means in practice that the Commission only has until 20 April 2024 to issue its replacement decision. This limit was unexpected; it was not included in the AG's opinion, but has likely been included in order to emphasise the seriousness of the above-described issues with the annulled authorisation, and ensure that these are remedied in future applications, whilst pushing the Commission to take corrective action as soon as possible via the replacement decision.