EN    EN  
 EUROPEAN COMMISSION 
Brussels, XXX   
[…](2012) XXX  draft 
  
COMMISSION REGULATION (EU) No …/.. 
of XXX  
amending Annex XIV to Regula tion (EC) No 1907/2006 of th e European Parliament and 
of the Council on the Registration, Eval uation, Authorisation and Restriction of 
Chemicals ('REACH') 
(Text with EEA relevance)   
EN 1   EN COMMISSION REGULATION (EU) No …/.. 
of XXX  
amending Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and 
of the Council on the Registration, Evalua tion, Authorisation and Restriction of 
Chemicals ('REACH') 
(Text with EEA relevance) 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty on the Functioning of the European Union,  Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the 
Council of 18 December 2006 concerning the Regi stration, Evaluation, Authorisation and 
Restriction of Chemicals (REA CH), establishing a European  Chemicals Agency, amending 
Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission 
Regulation (EC) No 1488/94 as well as C ouncil Directive 76/769/EEC  and Commission 
Directives 91/155/EEC, 93/67/ EEC, 93/105/EC and 2000/21/EC
1, and in particular 
Articles 58 and 131 thereof, 
Whereas: 
(1) Regulation (EC) No 1907/2006 provides th at substances meeting the criteria 
for classification as carcinogenic (categor y 1A or 1B), mutagenic (category 1A 
or 1B) and toxic for reproduction (cat egory 1A or 1B) in accordance with 
Regulation (EC) No 1272/2008 of the Europ ean Parliament and the Council of 
16 December 2008 on classification, labelli ng and packaging of substances and 
mixtures2, substances that are persistent, bioaccumulative and toxic, substances 
that are very persistent and very bioaccumulative, and substances for which there is scientific evidence of probable serious effects to human health or the environment giving rise to an equivalent  level of concern may be subject to 
authorisation.  
(2) Trichloroethylene meets the criteria for classification as carcinogenic 
(category 1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) 
No 1907/2006 set out in Article 57(a) of that Regulation. 
(3) Chromium trioxide meets the criteri a for classification as carcinogenic 
(category 1A) and mutagenic (cat egory 1B) in accordance with 
Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in 
                                                
 
1 OJ L 396, 30.12.2006, p. 1. 
2 OJ L 353, 31.12.2008, p.1.   
EN 2   EN Annex XIV to Regulation (EC) No 1907/ 2006 set out in Article 57(a) and (b) 
of that Regulation. 
(4) Acids generated from chromium trioxide and their oligomers meet the criteria 
for classification as carcinogenic ( category 1B) in accordance with 
Regulation (EC) No 1272/2008 and therefore meet the cr iteria for inclusion in 
Annex XIV to Regulation (EC) No 1907/2006 set out in Articl e 57(a) of that 
Regulation. 
(5) Sodium dichromate meet s the criteria for classification as carcinogenic 
(category 1B), mutagenic (category 1B ) and toxic for reproduction (category 
1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out 
in Article 57(a), (b) a nd (c) of that Regulation. 
(6) Potassium dichromate meets the criteria for classification as carcinogenic 
(category 1B), mutagenic (category 1B ) and toxic for reproduction (category 
1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out 
in Article 57(a), (b) a nd (c) of that Regulation. 
(7) Ammonium dichromate meets the criter ia for classification as carcinogenic 
(category 1B), mutagenic (category 1B ) and toxic for reproduction (category 
1B) in accordance with Regulation (EC) No 1272/2008 and therefore meets the criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out 
in Article 57(a), (b) a nd (c) of that Regulation. 
(8) Potassium chromate meets the criteria  for classification as carcinogenic 
(category 1B) and mutagenic (categor y 1B) in accordance with Regulation 
(EC) No 1272/2008 and therefore meets the criteria for inclusion in 
Annex XIV to Regulation (EC) No 1907/ 2006 set out in Article 57(a) and (b) 
of that Regulation. 
(9) Sodium chromate meets the criteria for classification as ca rcinogenic (category 
1B), mutagenic (category 1B) and toxi c for reproduction (category 1B) in 
accordance with Regulation (EC) No  1272/2008 and therefore meets the 
criteria for inclusion in Annex XIV to Regulation (EC) No 1907/2006 set out 
in Article 57(a), (b) a nd (c) of that Regulation. 
(10) Those substances have been identified and included in the candidate list in 
accordance with Article 59 of Regul ation (EC) No 1907/2006. They have 
furthermore been prioritised for inclus ion in Annex XIV to Regulation (EC) 
No 1907/2006 by the European Chemicals Ag ency (hereinafter "the Agency") 
in its recommendation of 20 December 2011
3 in accordance with Article 58 of 
that Regulation. It is therefore appropria te to include the substances in that 
Annex. 
                                                 
3 http://echa.europa.eu/documents/10162/13640/3rd_a_xiv_recommendation_20dec2011_en.pdf  
  
EN 3   EN (11) The cobalt compounds cobalt(II) sulphate , cobalt(II) dichloride, cobalt(II) 
dinitrate, cobalt(II) carbona te and cobalt(II) diacetat e meet the criteria for 
classification as carcinogenic (cate gory 1B) and toxic for reproduction 
(category 1B) in accordance with Re gulation (EC) No 1272/2008 and therefore 
meet the criteria for inclusion in An nex XIV to Regulati on (EC) No 1907/2006 
set out in Article 57(a) and (c) of that  Regulation. They have been identified 
and included in the candidate list in accordance with Article 59 of 
Regulation (EC) No 1907/2006. 
(12) Those cobalt compounds have also been  prioritised for inclusion in Annex 
XIV to Regulation (EC) No 1907/2006 by the recommendation of the Agency of 20 December 2011 in accordance with Article 58 of that Regulation. However the Commission considers that at least one of the uses of those 
substances (i.e. surface treatment) poses a risk to human health that is not 
adequately controlled and needs to be a ddressed. Therefore, in accordance with 
Article 69(1) of Regulation (EC) No 1907/2006, the Commission should ask 
the Agency to prepare a do ssier in accordance with the requirements of Annex 
XV to that Regulation. It is therefore appropriate to postpone the decision on 
the inclusion of any of th ese substances in Annex XIV until after the process 
laid down in Articles 69 to 73 of that Regulation is concluded. 
(13) The Agency's recommendation of 20 December 2011 has identified the latest 
application dates referred to in Article  58(1)(c)(ii) of Regulation (EC) No 
1907/2006 for each of the substances listed  in the Annex to this Regulation. 
Those dates have been identified on the basis of the estimated time that would 
be required to prepare an application fo r the authorisation, taking into account 
the information available on the different substances and the information received during the public consultation carried out in accordance with Article 
58(4) of Regulation (EC) No 1907/2006. The Agency's capacity to handle applications in the time provided for in the Regulation (EC) No 1907/2006 has also been taken into account.  
(14) For each of the substances listed in th e Annex to this Regulation the sunset 
date referred to in Article 58(1)(c)( i) of Regulation (EC) No 1907/2006 should 
be 18 months after the latest application date referred to in Article 58(1)(c)(ii) 
of that Regulation.  
(15) It is appropriate to specify the dates referred to in points (i) a (ii) of Article 
58(1)(c) of Regulation (EC) No 1907/2006  in Annex XIV to that Regulation. 
(16) Article 58(1)(e) in conjunction with Article 58(2) of Regulation (EC) 
No 1907/2006 provides for the possibility of  exemptions of uses or categories 
of uses in cases where there is spec ific Union legislation imposing minimum 
requirements relating to the protection of human health or the environment that 
ensures proper control of the risks.  In accordance with the information 
currently available it is not appropria te to set exemptions based on those 
provisions.  
(17) On the basis of the information currently available it is not appropriate to set 
exemptions for product and process orie ntated research and development.  
EN 4   EN (18) On the basis of the information currently available it is not appropriate to set 
review periods for certain uses. 
(19) Regulation (EC) No 1907/2006 should therefore be amended accordingly. 
(20) The measures provided for in this Regulation are in accordance with the 
opinion of the Committee established unde r Article 133 of Regulation (EC) No 
1907/2006,   
HAS ADOPTED THIS REGULATION: 
Article 1 
Annex XIV to Regulation (EC) No 1907/2006 is amended in accordance with the Annex to 
this Regulation. 
Article 2 
This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Union . 
 This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels,  
 For the Commission 
 The President   José Manuel BARROSO 
EN 5   EN ANNEX  
In the table in Annex XIV to Regulation (EC)  No 1907/2006 the following entries are added: 
   Transitional arrangements   
Entry 
Nr Substance Intrinsic 
property(ies) 
referred to in 
Article 57 Latest application 
date(1) Sunset date(2) Exempted 
(categories of) 
uses Review periods 
"15. Trichloroethylene 
EC No : 201-167-4 
CAS No : 79-01-6  Carcinogenic 
(category 1B) 
 [Date of entry into 
force + 18 months] 
 
 [Date of entry into 
force + 36 months] 
 
 - - 
16. Chromium trioxide  
EC No : 215-607-8 
CAS No : 1333-82-0 Carcinogenic 
(category 1A) 
Mutagenic 
(category 1B) [Date of entry into 
force + 21 months] [Date of entry into 
force + 39 months ] - - 
17. Acids generated from chromium trioxide and their oligomers 
Group containing: 
Chromic acid 
EC No
: 231-801-5 
CAS No : 7738-94-5 Carcinogenic 
(category 1B) 
 [Date of entry into 
force + 21 months] [Date of entry into 
force + 39 months] - -  
EN 6   EN Dichromic acid 
EC No : 236-881-5 
CAS No : 13530-68-2 
Oligomers of chromic acid and 
dichromic acid 
EC No : not yet assigned 
CAS No : not yet assigned 
18. Sodium dichromate 
EC No : 234-190-3 
CAS No : 7789-12-0 
                10588-01-9 Carcinogenic 
(category 1B) 
Mutagenic 
(category 1B) 
Toxic for reproduction
(category 1B) 
 [Date of entry into 
force + 21 months] [Date of entry into 
force + 39 months] - 
 - 
19. Potassium dichromate 
EC No : 231-906-6 
CAS No : 7778-50-9 Carcinogenic 
(category 1B) 
Mutagenic 
(category 1B) 
Toxic for reproduction
(category 1B) [Date of entry into 
force + 21 months] [Date of entry into 
force + 39 months] - 
 -  
EN 7   EN  
20. Ammonium dichromate  
EC No : 232-143-1 
CAS No : 7789-09-5 Carcinogenic 
(category 1B) 
Mutagenic 
(category 1B) 
Toxic for reproduction
(category 1B) [Date of entry into 
force + 21 months] [Date of entry into 
force + 39 months]   
21. Potassium chromate  
EC No : 232-140-5 
CAS No : 7789-00-6 Carcinogenic 
(category 1B) 
Mutagenic 
(category 1B) [Date of entry into 
force + 21 months] [Date of entry into 
force + 39 months]   
22. Sodium chromate 
EC No : 231-889-5 
CAS No : 7775-11-3  Carcinogenic 
(category 1B) 
Mutagenic 
(category 1B) 
Toxic for reproduction
(category 1B) [Date of entry into 
force + 21 months] [Date of entry into 
force + 39 months]"  " 
 
Notes: 
(1) Date referred to in Article 58(1)( c)(ii) of Regulation (EC) No 1907/2006. 
(2) Date referred to in Article 58(1)( c)(i) of Regulation (EC) No 1907/2006.