On 23 June 2016, the Official Journal of the European Union has published Regulation (EU) 2016/1005 on the amendment of Entry 6 of Annex XVII to REACH Regulation as regards asbestos fibres (chrysotile).
Entry 6 of Annex XVII to Regulation (EC) No 1907/2006 prohibits the manufacture, placing on the market and use of asbestos fibres, and of articles and mixtures containing these fibres added intentionally. However, exemptions had been granted for the placing on the market and use of diaphragms containing chrysotile fibres for existing electrolysis installations.
On 18 January 2013, the European Commission requested the European Chemicals Agency (‘ECHA’) should prepare an Annex XV dossier in accordance with Article 69(1) of REACH with a view to prohibiting the placing on the market and use of diaphragms containing chrysotile. On 17 January 2014, ECHA finalised the Annex XV dossier, which was followed by a public consultation and examination by the Committee for Risk Assessment (“RAC”) and the Committee for Socio-Economic Analysis (“SEAC”).
In conclusion, Member States shall not permit the placing on the market of diaphragms containing chrysotile and of chrysotile fibres exclusively for their maintenance since the entry into force of Regulation (EU) 2016/1005. However, the duration of the exemption granted by Member States to permit the use of diaphragms containing chrysotile and of chrysotile fibres used exclusively in their maintenance is limited to 30 June 2025 at the latest.
In addition, a report indicating the amount of chrysotile used in diaphragms (pursuant to the exemption) and monitoring results of chrysotile in air shall be submitted to the European Commission. Though limit value is established in EU legislation for workers’ exposure to chrysotile fibres, Member states may set more stringent limit values for such fibres in air and may require their regular measurement/monitoring.
According to this Regulation, entry 6, paragraph 1 of column 2 in Annex XVII is replaced by the following:
Name
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.
However,
if the use of diaphragms containing chrysotile for electrolysis installations
in use on 13 July 2016 had been exempted by a Member State in accordance with
the version of this paragraph in force until that date, the first
subparagraph shall not apply until 1 July 2025 to the use in those
installations of such diaphragms or of chrysotile used exclusively in the
maintenance of such diaphragms, provided that such use is carried out in
compliance with the conditions of a permit set in accordance with Directive
2010/75/EU of the European Parliament and of the Council (*).
Any
downstream user benefiting from such an exemption shall send, by 31 January
of each calendar year to the Member State in which the relevant electrolysis
installation is located, a report indicating the amount of chrysotile used in
diaphragms pursuant to the exemption. The Member State shall transmit a copy
to the European Commission.
Where,
in order to protect the health and safety of workers, a Member State requires
monitoring of chrysotile in air by downstream users, the results shall be
included in that report.
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Source: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ%3AL%3A2016%3A165%3ATOC
