Q13: What is Boeing telling its suppliers?
A: Boeing communicates with suppliers to remind them of their contractual obligation to comply with laws, their need to inform Boeing Procurement Agents of potential chemical reformulations, and to convey requirements for understanding and declaring the chemical composition of supplied materials and parts. Targeted requests for data are sent to suppliers and qualified processors directly from Boeing, through Assent (see Q15), or through consultants working IAEG industry efforts. Boeing also works individually with suppliers to implement environmentally-preferred materials and processes.
Q14: How many Boeing suppliers are or may be affected by REACH?
A: Boeing has several hundred European suppliers and processors who are subject to REACH requirements. The full extent of the impact to those suppliers (and their supply chains) largely depends on the extent to which aerospace-critical substances are restricted in the EU. Boeing's non-EU suppliers will also be impacted by REACH as EU Customer importing and reporting requirements change, and as production materials become obsolete.
Q15: Will suppliers be required to declare the chemical composition of materials, parts, or assemblies supplied to Boeing?
A: Boeing is implementing requirements for suppliers to provide chemical profile declarations, upon request. Boeing is using the IPC-1754 Material Declaration for Aerospace and Defence standard and the Aerospace and Defence Declarable Substances List (AD-DSL) as part of an approach that minimizes supply chain business disruptions by promoting the efficient exchange of chemical profile data that are necessary for compliance and production continuity. Boeing is working with Assent, Inc. as our business process and data exchange technology partner to gather chemical substance declaration data from suppliers. Boeing suppliers may be contacted directly by Assent with educational resources and an onboarding guide on how to provide the necessary data. Boeing suppliers may verify the legitimacy of these requests by contacting their Boeing procurement agents and copying BoeingREACH@exchange.boeing.com. More details on the IPC-1754 standard and related tools for chemical declarations can be seen on the International Aerospace Environmental Group (IAEG®) website here, which includes a useful introductory video.
Q16: Will Boeing suppliers be required to eliminate SVHCs in supplier materials, parts, and assemblies?
A: REACH does not require the elimination of SVHCs in articles, unless those SVHCs are listed in Annex XVII, and the conditions of the restriction apply to the supplied materials and parts. However, SVHCs that are listed on the Annex XIV Authorisation List, linked here, are restricted from use in the EU on their listed sunset dates. Boeing continues to analyze the impact of Annex XIV listed substances (refer to Q10) and is prepared to provide technical support on applications for Authorisation to allow the continued use (where needed) of Annex XIV listed substances.
Q17: Should Boeing suppliers remove Annex XIV restricted substances from supplied materials, parts, and assemblies?
A: Suppliers need to continue working to contract requirements, including process and material specifications, drawings, and other requirements specified in existing contracts. As contractually required, suppliers of specification materials shall notify their Boeing Procurement Agent if they plan to reformulate materials to eliminate Annex XIV listed substances (or any other substances). Requalification of materials can be a costly and time-consuming process. Likewise, component and assembly suppliers may be required to notify their Procurement Agent if parts, equipment, and assemblies are constructed from new materials. Flammability, performance and certification requirements may need to be verified. Suppliers in the EU must also comply with all applicable regulatory requirements which may include REACH downstream user requirements.
Q18: Will Boeing apply for Authorisation to allow suppliers to continue using substances listed on Annex XIV?
A: In certain cases where Annex XIV substances are used to manufacture Boeing hardware, and there are no qualified alternatives, Boeing is participating in consortia and industry groups that are developing technical dossiers that can be used by aerospace suppliers and customers to apply for Authorisation. Filing an application for Authorisation is then the responsibility of the EU manufacturer, importer, or user of Annex XIV listed substances. Examples of such consortia and industry groups include the Chromium Compounds for Surface Treatment (CCST) consortium, the Chromium Trioxide Authorisation Committee (CTAC) consortium, and the Global Chromates Consortium for Aerospace (GCCA). Efforts to obtain Re-authorisation to continue using chromates (where necessary) beyond the expiration of existing Authorisations are being coordinated by the Aerospace & Defence Chromate Re-authorisation (ADCR) consortium . More details on Renewal and New applications submitted by ADCR can be seen (here).
Boeing's EU suppliers and processors who use chemical formulations containing Annex XIV listed substances are encouraged to contact their upstream supply chain (e.g., chemical manufacturers, formulators, distributors) to ensure that formulations containing Annex XIV restricted substances will be authorized and available for their specific required uses. (Refer to Q22 for more details on specific applications for Authorisation, including those filed by Boeing Distribution Germany GmbH (formerly BDI/Aviall Services Inc.), a Boeing subsidiary that distributes aircraft parts and supplies, including chemicals in the EU.) Suppliers are also encouraged to contact Boeing for coordination or assistance.
Q18.1: What is the status of Authorisation for chromates?
A: Many applications for Authorisation were filed in attempts to allow continued, specific uses of chromates beyond the original sunset dates of September 21, 2017 (metal finishing) and January 22, 2019 (primers). Those applications were approved with a review period of seven years. Those Authorisations are set to expire on September 21, 2024 and January 22, 2026. Efforts have been taken to obtain Reauthorisation for the continued use of chromates (where needed) beyond those dates (see discussion of ADCR above and below).
- Chromium trioxide. The CTAC Consortium developed applications for Authorisation for several uses of chromium trioxide (primarily for surface treatment). Applications were submitted and approved for several uses of chromium trioxide, with a review period of seven years, expiring September 21, 2024. Details on the applications and their status, as well as a Q&A from the consortium, Good Practice Sheets, and Key Functionalities Notification Templates can be seen on the Jones Day website here. Note: On April 20, 2023 the Court of Justice of the European Union annulled the Authorisation decision, details here. The effects of Authorisation are to remain in place for one year, allowing the relevant continued uses of chromium trioxide until April 20, 2024 (previously September 21, 2024). Meanwhile, ADCR has submitted applications for Reauthorisation for the uses of chromium trioxide (where necessary) in certain Aerospace processes (see below) . It is expected that if a new decision has not been made on the original CTAC application for Authorisation by April 20, 2024, then downstream users can benefit from “transitional arrangements” that allow the continued use of chromium trioxide until a new decision has been made, or until decisions are made on the ADCR applications. See more details in Question 4 of the European Commission Q&A on REACH and chromium (VI) substances (here).
- Other chromates used in Aerospace surface treatment processes. The Chromium Compounds for Surface Treatment (CCST) Consortium developed applications for Authorisation for several other Annex XIV listed chromates, primarily for aerospace uses (including surface treatment, application of coatings, and other uses). Applications were submitted and approved.
- Chromates used in additional Aerospace processes. The Global Chromates Consortium for Aerospace (GCCA) was formed to facilitate the Authorisation of several additional Aerospace uses of chromates. Applications were submitted and approved.
Prior to the March 21, 2023 deadline, the (ADCR) consortium submitted the last of its Review Reports in both the EU and UK to obtain Reauthorisation for five hex chrome compounds in relevant metal finishing operations. ADCR also submitted new Applications for Authorisation to to cover the shifting needs of the Aerospace supply chain. These Review Reports and new applications support the original Authorisations (CTAC, CCST, GCCA – see above) and are requesting additional time for using chromates beyond September 21, 2024 where substitutes remain unavailable for implementation.Decisions on those applications are expected around that date; the official status of all applications for Authorisation can be checked in the table of "Adopted opinions and previous consultations on applications for Authorisation" on the ECHA website here.
Q18.2: What do companies need to do to utilize chromate Authorisations?
A: Conditions of Authorisation need to be met, including:
- Companies using formulations containing Annex XIV chromates will need to procure those formulations from an EU entity that holds or is covered by a valid Authorisation for relevant uses of the formulation. Companies will not be able to import formulations containing impacted chromates unless they hold a valid Authorisation or procure the formulation from a foreign manufacturer who has appointed an OR who holds a valid Authorisation.
- Companies will need to inform the European Chemicals Agency in the EU (via REACHIT) and the Health and Safety Executive (HSE) in the UK (via email) that they are making use of the Authorisation to continue using the Annex XIV substances that have been sunset.
- Operating Conditions (OCs) and Risk Management Measures (RMMs) will need to be implemented/documented/followed. As examples, this could include facilities changes (e.g., controlling access to areas where the substances are used), and the use of prescribed personal protective equipment. RMMs and OCs can be found on the ECHA website for each Authorisation application. Guidance can typically be found on consortia website.
- Annual employee exposure testing and bio-monitoring is required, and acceptable exposures may need to be reduced to "as low a level as technically and practically possible". Similarly, releases to the environment (wastewater and air) must be measured and improved. Employee exposure and environmental monitoring data may need to be provided to ECHA and HSE using the same methods described above .
Q19: How are Boeing's sub-tier "D1-4426" approved processors impacted by REACH?
A: Qualified processors in the EU are subject to the REACH regulation and may be impacted as importers, downstream users, and/or manufacturers. Many critical chemical processing substances (e.g., chromates) are listed or proposed to be listed on Annex XIV. Unless authorized, those substances will be banned from use in the EU on their listed sunset dates. Boeing's EU chemical processors who use chemical mixtures containing Annex XIV listed substances are encouraged to consider implementing qualified substitute chemicals where possible. Processors may otherwise need to ensure that their use of Annex XIV listed substances will be authorized (refer to Q18) and that the chemicals containing those substances will remain available on the market. Boeing's approved processors are encouraged to contact Boeing or their material suppliers with questions or concerns.
Q20: I process parts according to Boeing specifications. Are there chromate-free metal finishing operations I can or need to switch to? What about Boric Sulfuric Acid Anodizing?
A: Metal finishing processors need to continue working to the drawings and process/material specifications associated with the Boeing hardware being processed. If unsure whether specification materials contain chromates, processors are encouraged to contact Boeing or their material suppliers for more information. In cases where Annex XIV listed chromates are being used, processors are encouraged to contact Boeing (or their direct customers for the Boeing hardware) to determine if alternative qualified materials and processes (without chromates and/or other Annex XIV substances) are available for specific hardware. If not available, processors are encouraged to determine if Authorisation is being obtained for continued use of formulations containing Annex XIV substances (refer to Q18).
Boeing has alternative processes, such as boric sulfuric acid anodizing, which are qualified for specific applications. Please contact Boeing for more details to determine if there is Engineering coverage to implement these alternative processes. Furthermore, Boeing continues to research and test additional alternative materials and processes for chromic acid anodizing, and for other metal finishing processes.
Q21: Boeing is a supplier to our company -- who do we contact for REACH inquiries?
A: Boeing has several sites around the world that supply parts to other companies. If your company buys parts from a Boeing site, and you need to inquire about the composition of those parts and/or the REACH-readiness of that site, please direct those inquiries to the appropriate Boeing contact.
