Question: Given that the European Union does not tolerate the use of chromium and cadmium in electrical appliances (see Directive 2002/95/EC(1)), can the Commission explain what restrictions are in place with regard to the use of chromium in paint?
Answer given by Mr Verheugen on behalf of the Commission
Directive 2002/95/EC restricts the use of cadmium in electrical and electronic equipment falling under its scope. However, the directive does not restrict the use of chromium as such. Instead, the directive restricts a particular chemical form of chromium, namely, hexavalent chromium, also known as chromium VI. The directive therefore restricts a large group of compounds containing hexavalent chromium, all of which are highly oxidizing, and which are classified as carcinogens. Those restrictions apply to new equipment placed on the market since 2006. Similarly, Directive 2000/53/EC(1), as amended, restricts the use of hexavalent chromium in new vehicles placed on the market after 2003, and Directive 94/62/EC(2) restricts the use of hexavalent chromium in packaging
The use of carcinogens by workers is regulated by Directive 90/394/EC(3) under which manufacturers are obliged to use non-carcinogenic substitutes wherever possible, or to provide adequate protective equipment in cases where substitution is not possible.
The placing on the market of carcinogens for supply to the general public is regulated by Annex XVII of Regulation (EC) No 1907/2006(4) (the REACH Regulation). Entry 28 of Annex XVII (as amended by Commission Regulation (EC) No 552/2009(5)) bans the placing on the market and use of carcinogenic substances as substances, as constituents of other substances or in mixtures (e.g. paints) for supply to the general public. The supply of paints containing hexavalent chromium to the general public is therefore banned.
The use of paints containing hexavalent chromium in the European Union is therefore restricted to those industrial uses where substitution is not possible. They were used in the past to provide corrosion protection as primers before application of the final decorative coat of paint, for example on motor vehicles, refrigerators, etc. However, due to the restrictions mentioned above, very few, if any, goods manufactured in the EU for supply to the general public contain such paint. However, apart from those articles that would fall within the scope of Directives 2002/95/EC, 2000/53/EC or 94/62/EC, there are no restrictions on the import, placing on the market or use of articles treated with paints containing hexavalent chromium compounds.
(1) OJ L 269, 21.10.2000.
(2) OJ L 365, 31.12.1994.
(3) OJ L 196, 26.7.1990.
(4) OJ L 396, 30.12.2006.
(5) OJ L 164, 22.06.2009.