in force 2009-06-27
02006R1907-20090220 → 02006R1907-20090627
Amended by Regulation (EC) No 552/2009 32009R0552
detected 2026-08-13
2 provisions touched — 2 substantive, 0 date-only, 2 disputed · 1 change without an explanation
Emendrix checks every change against three independent sources. Where they disagree it says so rather than picking a winner.
MODIFIED +49,830 −39,486 Annex XVII RESTRICTIONS ON THE MANUFACTURE, PLACING ON THE MARKET AND USE OF CERTAIN DANGEROUS SUBSTANCES, MIXTURES AND ARTICLES§
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2002-03-18, 2003-05-26, 2003-07-17, 2004-08-15, 2006-12-27, 2007-09-05, 2007-09-30, 2007-10-03, 2008-06-27, 2009-04-03, 2009-10-03, 2010-06-27, 2010-12-27, 2011-06-01, 2011-06-27, 2014-07-01 · dates removed: 1975-05-20, 1985-10-01, 1986-06-30, 1987-07-23, 1991-12-12, 2007-06-15, 2008-01-01, 2008-12-31
Sources disagree — the text comparison found this change; the EU's own amendment metadata does not list it and the amending act's instructions do not mention it. All are shown; none is overruled.
The annex's entries have been rewritten throughout, replacing earlier wording such as 'shall not be used' or 'shall not be sold' with more uniform 'shall not be placed on the market, or used' formulations, and adding explicit provisions stating that articles not complying with a restriction shall not be placed on the market.
Several entries gained new or renumbered sub-points, updated EC/CAS numbers, and additional derogations or transitional dates, for example new entry 18a on mercury measuring devices and expanded provisions on arsenic-treated wood, asbestos diaphragms, and cadmium.
The earlier version's introductory footnotes and directive-reference list differ from the later version's, and numeric concentration or amount limits in several entries are now also expressed in additional units such as mg/kg alongside the percentage figures used before.
Cited: Annex XVII, v2 · Annex XVII, v1
text before / after
02006R1907-20090220 → 02006R1907-20090627
compared line by line: this provision is too large to compare word by word, so a marked line is a line that changed somewhere
ANNEX XVII
RESTRICTIONS ON THE MANUFACTURE, PLACING ON THE MARKET AND USE OF CERTAIN DANGEROUS SUBSTANCES, MIXTURES AND ARTICLES
OJ L 377, 31.12.1991, p. 20. Directive as last amended by Regulation (EC) No 166/2006 of the European Parliament and of the Council (OJ L 33, 4.2.2006, p. 1).Chrysotile has two CAS Nos, confirmed by ECB.Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987). Regulation as last amended by Regulation (EC) No 426/2006 (OJ L 79, 16.3.2006, p. 1).OJ L 147, 9.6.1975, p. 40. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).For the purposes of this point childcare article shall mean any product intended to facilitate sleep, relaxation, hygiene, the feeding of children or sucking on the part of children.
Designation of the substance, of the groups of substances or of the mixture Conditions of restriction
1. Polychlorinated terphenyls (PCTs)
Mixtures, including waste oils, with a PCT content higher than 0,005 % by weight. 1. Shall not be used. However, the following use of equipment, installations and fluids which were in service on 30 June 1986 shall continue to be permitted until they are disposed of or reach the end of their service life:
(a) closed-system electrical equipment transformers, resistors and inductors;
(b) large condensers (≥ 1 kg total weight);
(c) small condensers;
(d) heat-transmitting fluids in closed-circuit heat-transfer installations;
(e) hydraulic fluids for underground mining equipment.
2. The Member State may, for reasons of protection of human health and the environment, prohibit the use of equipment, installations and fluids covered by paragraph 1 before they are disposed of or reach the end of their service life.
3. The placing on the second-hand market of equipment, plant and fluids covered by paragraph 1 which are not intended for disposal shall be prohibited.
4. Where the Member State considers that it is not possible for technical reasons to use substitute articles, it may permit the use of PCTs and mixtures thereof where the latter are solely intended, in the normal conditions of maintenance of equipment, to supplement the level of liquids containing PCTs in properly functioning existing installations purchased before 1 October 1985.
5. The Member State may, provided prior notification stating the reasons is sent to the Commission, grant derogations from the ban on the placing on the market and use of primary and intermediate substances or mixtures, in so far as they consider that these derogations have no deleterious effects on human health and the environment.
6. Without prejudice to the implementation of other Community provisions relating to the labelling of dangerous substances and mixtures, equipment and installations containing PCTs must also display instructions concerning the disposal of PCTs and the maintenance and use of equipment and installations containing them. These instructions must be capable of being read horizontally when the object containing the PCTs is installed in the normal way. The inscription must stand out clearly from its background and shall be in a language which is understood in the territory where it is being used.
2. Chloro-1-ethylene (monomer vinyl chloride) For substances which have been incorporated in this Annex as a consequence of restrictions adopted in the framework of Directive 76/769/EEC (Entries 1 to 58), the restrictions shall not apply to storage, keeping, treatment, filling into containers, or transfer from one container to another of these substances for export, unless the manufacture of the substances is prohibited.
OJ L 256, 7.9.1987, p. 42.OJ L 147, 9.6.1975, p. 40.OJ L 37, 13.2.2003, p. 19.OJ L 263, 9.10.2007, p. 1.OJ L 171, 9.7.2003, p. 1.OJ L 124, 9.5.2002, p. 1.OJ L 24, 29.1.2008, p. 8.OJ L 104, 8.4.2004, p. 1.OJ L 399, 30.12.1989, p. 18.OJ L 304, 21.11.2003, p. 1.OJ L 121, 15.5.1993, p. 20.OJ L 270, 21.10.2003, p. 1.
Column 1
Designation of the substance, of the group of substances or of the mixture Column 2
Conditions of restriction
1. Polychlorinated terphenyls (PCTs) Shall not be placed on the market, or used:
as substances,
in mixtures, including waste oils, or in equipment, in concentrations greater than 50 mg/kg (0,005 % by weight).
2. Chloroethene (vinyl chloride)
CAS No 75-01-4
EINECS No 200-831-0 Shall not be used as aerosol propellant for any use. EC No 200-831-0 Shall not be used as propellant in aerosols for any use.
Aerosols dispensers containing the substance as propellant shall not be placed on the market.
3. Liquid substances or mixtures, which are regarded as dangerous according to the definitions in Council Directive 67/548/EEC and Directive 1999/45/EC. 1. Shall not be used in:
ornamental objects, intended to produce light or colour effects by means of different phases, for example in ornamental lamps and ashtrays, ornamental articles, intended to produce light or colour effects by means of different phases, for example in ornamental lamps and ashtrays,
tricks and jokes,
games for one or more participants, or any object intended to be used as such, even with ornamental aspects.
2. Without prejudice to paragraph 1, substances and mixtures which:
present an aspiration hazard and are labelled with R65, and
can be used as fuel in decorative lamps, and
are placed on the market in packaging of a capacity of 15 litres or less,
shall not contain a colouring agent, unless required for fiscal reasons, or perfume or both.
3. Without prejudice to the implementation of other Community provisions relating to the classification, packaging and labelling of dangerous substances and mixtures, the packaging of substances and mixtures covered by paragraph 2, where intended for use in lamps, must be marked legibly and indelibly as follows: games for one or more participants, or any article intended to be used as such, even with ornamental aspects.
2. Articles not complying with paragraph 1 shall not be placed on the market.
3. Shall not be placed on the market if they contain a colouring agent unless required for fiscal reasons or perfume or both and if they:
present an aspiration hazard and are labelled with R65 or H304, and,
can be used as fuel in decorative lamps, and,
are packaged in containers of a capacity of 15 litres or less.
4. Without prejudice to the implementation of other Community provisions relating to the classification, packaging and labelling of substances and mixtures, suppliers shall ensure before the placing on the market that the packaging of substances and mixtures covered by paragraph 3, where intended for use in lamps, is marked visibly, legibly and indelibly as follows:
Keep lamps filled with this liquid out of the reach of children.
4. Tris (2,3 dibromopropyl) phosphate
CAS No 126-72-7 Shall not be used in textile articles, such as garments, undergarments and linen, intended to come into contact with the skin. CAS No 126-72-7 1. Shall not be used in textile articles, such as garments, undergarments and linen, intended to come into contact with the skin.
2. Articles not complying with paragraph 1 shall not be placed on the market.
5. Benzene
CAS No 71-43-2
EINECS No 200-753-785 1. Not permitted in toys or parts of toys as placed on the market where the concentration of benzene in the free state is in excess of 5 mg/kg of the weight of the toy or part of toy.
2. Shall not be used in concentrations equal to, or greater than, 0,1 % by mass in substances or mixtures placed on the market.
3. However, paragraph 2 shall not apply to: EC No 200-753-7 1. Shall not be used in toys or parts of toys where the concentration of benzene in the free state is greater than 5 mg/kg (0,0005 %) of the weight of the toy or part of toy.
2. Toys and parts of toys not complying with paragraph 1 shall not be placed on the market.
3. Shall not be placed on the market, or used,
as a substance,
as a constituent of other substances, or in mixtures, in concentrations equal to, or greater than 0,1 % by weight.
4. However, paragraph 3 shall not apply to:
(a) motor fuels which are covered by Directive 98/70/EC;
(b) substances and mixtures for use in industrial processes not allowing for the emission of benzene in quantities in excess of those laid down in existing legislation;
(c) waste covered by Council Directive 91/689/EEC of 12 December 1991 on hazardous waste and Directive 2006/12/EC. (b) substances and mixtures for use in industrial processes not allowing for the emission of benzene in quantities in excess of those laid down in existing legislation.
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 placing on the market and use of these fibres and of articles containing these fibres added intentionally shall be prohibited.
However, Member States may except the placing on the market and use of diaphragms containing chrysotile (point (f)) for existing electrolysis installations until they reach the end of their service life, or until suitable asbestos-free substitutes become available, whichever is the sooner. The Commission will review this derogation before 1 January 2008.
2. The use of articles containing asbestos fibres referred to in paragraph 1 which were already installed and/or in service before 1 January 2005 shall continue to be permitted until they are disposed of or reach the end of their service life. However, Member States may, for reasons of protection of human health, prohibit the use of such articles before they are disposed of or reach the end of their service life.
Member States shall not permit the introduction of new applications for chrysotile asbestos on their territories.
3. Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and mixtures, the placing on the market and use of these fibres and of articles containing these fibres, as permitted according to the preceding derogations, shall be permitted only if the articles bear a label in accordance with the provisions of Appendix 7 to this Annex. CAS No 132207-32-0 1. The manufacture, placing on the market and use of these fibres and of articles containing these fibres added intentionally is prohibited.
However, Member States may exempt the placing on the market and use of diaphragms containing chrysotile (point (f)) for existing electrolysis installations until they reach the end of their service life, or until suitable asbestos-free substitutes become available, whichever is the sooner.
By 1 June 2011 Member States making use of this exemption shall provide a report to the Commission on the availability of asbestos free substitutes for electrolysis installations and the efforts undertaken to develop such alternatives, on the protection of the health of workers in the installations, on the source and quantities of chrysotile, on the source and quantities of diaphragms containing chrysotile, and the envisaged date of the end of the exemption. The Commission shall make this information publicly available.
Following receipt of those reports, the Commission shall request the Agency to prepare a dossier in accordance with Article 69 with a view to prohibit the placing on the market and use of diaphragms containing chrysotile.
2. The use of articles containing asbestos fibres referred to in paragraph 1 which were already installed and/or in service before 1 January 2005 shall continue to be permitted until they are disposed of or reach the end of their service life. However, Member States may, for reasons of protection of human health, restrict, prohibit or make subject to specific conditions, the use of such articles before they are disposed of or reach the end of their service life.
Member States may allow placing on the market of articles in their entirety containing asbestos fibres referred to in paragraph 1 which were already installed and/or in service before 1 January 2005, under specific conditions ensuring a high level of protection of human health. Member States shall communicate these national measures to the Commission by 1 June 2011. The Commission shall make this information publicly available.
3. Without prejudice to the application of other Community provisions on the classification, packaging and labelling of substances and mixtures, the placing on the market and use of articles containing these fibres, as permitted according to the preceding derogations, shall be permitted only if suppliers ensure before the placing on the market that articles bear a label in accordance with Appendix 7 to this Annex.
7. Tris(aziridinyl)phosphinoxide
CAS No 5455-55-1 Shall not be used in textile articles, such as garments, undergarments and linen, intended to come into contact with the skin. CAS No 545-55-1
EC No 208-892-5 1. Shall not be used in textile articles, such as garments, undergarments and linen, intended to come into contact with the skin.
2. Articles not complying with paragraph 1 shall not be placed on the market.
8. Polybromobiphenyls; Polybrominatedbiphenyls (PBB)
CAS No 59536-65-1 9. Soap bark powder (Quillaja saponaria) and its derivatives containing saponines
Powder of the roots of Helleborus viridis and Helleborus niger
Powder of the roots of Veratrum album and Veratrum nigrum
Benzidine and/or its derivatives CAS No 59536-65-1 1. Shall not be used in textile articles, such as garments, undergarments and linen, intended to come into contact with the skin.
2. Articles not complying with paragraph 1 shall not be placed on the market.
9. (a) Soap bark powder
(Quillaja saponaria) and its derivatives containing saponines
CAS No 68990-67-0
EC 273-620-4
(b) Powder of the roots of Helleborus viridis and Helleborus niger
(c) Powder of the roots of Veratrum album and Veratrum nigrum
(d) Benzidine and/or its derivatives
CAS No 92-87-5
EINECS No 202-199-1
o-Nitrobenzaldehyde EC No 202-199-1
(e) o-Nitrobenzaldehyde
CAS No 552-89-6
Wood powder 1. Shall not be used in jokes and hoaxes or in objects intended to be used as such, for instance as a constituent of sneezing powder and stink bombs.
2. However, paragraph 1 does not apply to stink bombs containing not more than 1,5 ml of liquid.
10. Ammonium sulphide EC No 209-025-3
(f) Wood powder 1. Shall not be used, in jokes and hoaxes or in mixtures or articles intended to be used as such, for instance as a constituent of sneezing powder and stink bombs.
2. Jokes and hoaxes, or mixtures or articles intended to be used as such, not complying with paragraph 1 shall not be placed on the market.
3. However, paragraphs 1 and 2 shall not apply to stink bombs containing not more than 1,5 ml of liquid.
10. (a) Ammonium sulphide
CAS No 12135-76-1
Ammonium hydrogen sulphide EC No 235-223-4
(b) Ammonium hydrogen sulphide
CAS No 12124-99-1
Ammonium polysulphide EC No 235-184-3
(c) Ammonium polysulphide
CAS No 9080-17-5
EINECS No 232-989-1 11. Volatile esters of bromoacetic acids:
Methyl bromoacetate EC No 232-989-1 1. Shall not be used, in jokes and hoaxes or in mixtures or articles intended to be used as such, for instance as a constituent of sneezing powder and stink bombs.
2. Jokes and hoaxes, or mixtures or articles intended to be used as such, not complying with paragraph 1 shall not be placed on the market.
3. However, paragraphs 1 and 2 shall not apply to stink bombs containing not more than 1,5 ml of liquid.
11. Volatile esters of bromoacetic acids:
(a) Methyl bromoacetate
CAS No 96-32-2
EINECS No 202-499-2
Ethyl bromoacetate EC No 202-499-2
(b) Ethyl bromoacetate
CAS No 105-36-2
EINECS No 203-290-9
Propyl bromoacetate EC No 203-290-9
(c) Propyl bromoacetate
CAS No 35223-80-4
Butyl bromoacetate 12. 2-Naphthylamine (d) Butyl bromoacetate
CAS No 18991-98-5
EC No 242-729-9 1. Shall not be used, in jokes and hoaxes or in mixtures or articles intended to be used as such, for instance as a constituent of sneezing powder and stink bombs.
2. Jokes and hoaxes, or mixtures or articles intended to be used as such, not complying with paragraph 1 shall not be placed on the market.
3. However, paragraphs 1 and 2 shall not apply to stink bombs containing not more than 1,5 ml of liquid.
12. 2-Naphthylamine
CAS No 91-59-8
EINECS No 202-080-4
and its salts EC No 202-080-4 and its salts
13. Benzidine
CAS No 92-87-5
EINECS No 202-199-1
and its salts EC No 202-199-1 and its salts
14. 4-Nitrobiphenyl
CAS No 92-93-3
EINECS No 202-204-7 Einecs EC No 202-204-7
15. 4-Aminobiphenyl xenylamine
CAS No 92-67-1
EINECS No 202-177-1
and its salts 1. Shall not be used in concentrations equal to or greater than 0,1 % by weight in substances and mixtures placed on the market.
However, this provision shall not apply to waste containing one or more of these substances and covered by Directives 91/689/EEC and 2006/12/EC.
2. Such substances and mixtures shall not be sold to the general public.
3 Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and mixtures, the packaging of such mixtures shall be legible and indelibly marked as follows:
Restricted to professional users.
16. Lead carbons: Einecs EC No 202-177-1 and its salts The following shall apply to entries 12 to 15:
Shall not be placed on the market, or used, as substances or in mixtures in concentrations greater than 0,1 % by weight.
16. Lead carbonates:
(a) Neutral anhydrous carbonate (PbCO3)
CAS No 598-63-0
EINECS No 209-943-4
(b) Trilead-bis(carbonate)-dihydroxide 2 Pb CO3-Pb(OH)2 EC No 209-943-4
(b) Trilead-bis(carbonate)-dihydroxide 2Pb CO3-Pb(OH)2
CAS No 1319-46-6
EINECS No 215-290-6 Shall not be used as substances and a constituent of mixtures intended for use as paints, except for the restoration and maintenance of works of art and historic buildings and their interiors, where Member States wish to permit this on their territory, in accordance with the provisions of ILO Convention 13 on the use of white lead and sulphates of lead in paint.
17. Lead sulphates
(a) PbSO4 (1:1) EC No 215-290-6 Shall not be placed on the market, or used, as substances or in mixtures, where the substance or mixture is intended for use as paint.
However, Member States may, in accordance with the provisions of International Labour Organisation (ILO) Convention 13 on the use of white lead and sulphates of lead in paint, permit the use on their territory of the substance or mixture for the restoration and maintenance of works of art and historic buildings and their interiors.
17. Lead sulphates:
(a) PbSO4
CAS No 7446-14-2
EINECS No 231-198-9 EC No 231-198-9
(b) Pbx SO4
CAS No 15739-80-7
EINECS No 239-831-0 18. Mercury compounds 1. Shall not be used as substances and constituents of mixtures intended for use: EC No 239-831-0 Shall not be placed on the market, or used, as substances or in mixtures, where the substance or mixture is intended for use as paint.
However, Member States may, in accordance with the provisions of ILO Convention 13 on the use of white lead and sulphates of lead in paint, permit the use on their territory of the substance or mixture for the restoration and maintenance of works of art and historic buildings and their interiors.
18. Mercury compounds Shall not be placed on the market, or used, as substances or in mixtures where the substance or mixture is intended for use:
(a) to prevent the fouling by micro-organisms, plants or animals of:
the hulls of boats,
cages, floats, nets and any other appliances or equipment used for fish or shellfish farming,
any totally or partly submerged appliances or equipment;
(b) in the preservation of wood;
(c) in the impregnation of heavy-duty industrial textiles and yarn intended for their manufacture;
(d) in the treatment of industrial waters, irrespective of their use.
2. The placing on the market of batteries and accumulators, containing more than 0,0005 % of mercury by weight, including in those cases where these batteries and accumulators are incorporated into appliances shall be prohibited. Button cells and batteries composed of button cells with a mercury content of no more than 2 % by weight shall be exempted from this prohibition.
19. Arsenic compounds 1. Shall not be used as substances and constituents of mixtures intended for use:
(a) to prevent the fouling by micro-organisms, plants or animals of: 18a. Mercury
CAS No 7439-97-6
EC No 231-106-7 1. Shall not be placed on the market:
(a) in fever thermometers;
(b) in other measuring devices intended for sale to the general public (such as manometers, barometers, sphygmomanometers, thermometers other than fever thermometers).
2. The restriction in paragraph 1 shall not apply to measuring devices that were in use in the Community before 3 April 2009. However Member States may restrict or prohibit the placing on the market of such measuring devices.
3. The restriction in paragraph 1(b) shall not apply to:
(a) measuring devices more than 50 years old on 3 October 2007;
(b) barometers (except barometers within point (a)) until 3 October 2009.
4. By 3 October 2009 the Commission shall carry out a review of the availability of reliable safer alternatives that are technically and economically feasible for mercury containing sphygmomanometers and other measuring devices in healthcare and in other professional and industrial uses. On the basis of this review or as soon as new information on reliable safer alternatives for sphygmomanometers and other measuring devices containing mercury becomes available, the Commission shall, if appropriate, present a legislative proposal to extend the restrictions in paragraph 1 to sphygmomanometers and other measuring devices in healthcare and in other professional and industrial uses, so that mercury in measuring devices is phased out whenever technically and economically feasible.
19. Arsenic compounds 1. Shall not be placed on the market, or used, as substances or in mixtures where the substance or mixture is intended for use to prevent the fouling by micro-organisms, plants or animals of:
the hulls of boats,
cages, floats, nets and any other appliances or equipment used for fish or shellfish farming,
any totally or partly submerged appliances or equipment;
(b) in the preservation of wood. Furthermore, wood so treated shall not be placed on the market;
(c) however, by way of derogation:
(i) Relating to the substances and mixtures in the preservation of wood: these may only be used in industrial installations using vacuum or pressure to impregnate wood if they are solutions of inorganic compounds of the copper, chromium, arsenic (CCA) type C. Wood so treated shall not be placed on the market before fixation of the preservative is completed.
(ii) Relating to wood treated with CCA solutions in industrial installations according to point (i): this may be placed on the market for professional and industrial use provided that the structural integrity of the wood is required for human or livestock safety and skin contact by the general public during its service life is unlikely: any totally or partly submerged appliances or equipment.
2. Shall not be placed on the market, or used, as substances or in mixtures where the substance or mixture is intended for use in the treatment of industrial waters, irrespective of their use.
3. Shall not be used in the preservation of wood. Furthermore, wood so treated shall not be placed on the market.
4. By way of derogation from paragraph 3:
(a) Relating to the substances and mixtures for the preservation of wood: these may only be used in industrial installations using vacuum or pressure to impregnate wood if they are solutions of inorganic compounds of the copper, chromium, arsenic (CCA) type C and if they are authorised in accordance with Article 5(1) of Directive 98/8/EC. Wood so treated shall not be placed on the market before fixation of the preservative is completed.
(b) Wood treated with CCA solution in accordance with point (a) may be placed on the market for professional and industrial use provided that the structural integrity of the wood is required for human or livestock safety and skin contact by the general public during its service life is unlikely:
as structural timber in public and agricultural buildings, office buildings, and industrial premises,
in bridges and bridgework,
as constructional timber in freshwater areas and brackish waters e.g. jetties and bridges, as constructional timber in freshwater areas and brackish waters, for example jetties and bridges,
as noise barriers,
in avalanche control,
in highway safety fencing and barriers,
as debarked round conifer livestock fence posts,
in earth retaining structures,
as electric power transmission and telecommunications poles,
as underground railway sleepers.
Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and mixtures, all treated wood placed on the market shall be individually labelled For professional and industrial installation and use only, contains arsenic. In addition, all wood placed on the market in packs shall also bear a label stating Wear gloves when handling this wood. Wear a dust mask and eye protection when cutting or otherwise crafting this wood. Waste from this wood shall be treated as hazardous by an authorised undertaking.
(iii) Treated wood referred to under points (i) and (ii) shall not be used: (c) Without prejudice to the application of other Community provisions on the classification, packaging and labelling of substances and mixtures, suppliers shall ensure before the placing on the market that all treated wood placed on the market is individually labelled For professional and industrial installation and use only, contains arsenic. In addition, all wood placed on the market in packs shall also bear a label stating Wear gloves when handling this wood. Wear a dust mask and eye protection when cutting or otherwise crafting this wood. Waste from this wood shall be treated as hazardous by an authorised undertaking.
(d) Treated wood referred to under point (a) shall not be used:
in residential or domestic constructions, whatever the purpose,
in any application where there is a risk of repeated skin contact,
in marine waters,
for agricultural purposes other than for livestock fence posts and structural uses in accordance with point (ii), for agricultural purposes other than for livestock fence posts and structural uses in accordance with point (b),
in any application where the treated wood may come into contact with intermediate or finished products intended for human and/or animal consumption.
2. Shall not be used as substances and constituents of mixtures intended for use in the treatment of industrial waters, irrespective of their use.
20. Organostannic compounds 1. Shall not be placed on the market for use as substances and constituents of mixtures when acting as biocides in free association paint.
2. Shall not be placed on the market or used as substances and constituents of mixtures which act as biocides to prevent the fouling by micro-organisms, plants or animals of: 5. Wood treated with arsenic compounds that was in use in the Community before 30 September 2007, or that was placed on the market in accordance with paragraph 4 may remain in place and continue to be used until it reaches the end of its service life.
6. Wood treated with CCA type C that was in use in the Community before 30 September 2007, or that was placed on the market in accordance with paragraph 4:
may be used or reused subject to the conditions pertaining to its use listed under points 4(b), (c) and (d),
may be placed on the market subject to the conditions pertaining to its use listed under points 4(b), (c) and (d).
7. Member States may allow wood treated with other types of CCA solutions that was in use in the Community before 30 September 2007:
to be used or reused subject to the conditions pertaining to its use listed under points 4 (b), (c) and (d),
to be placed on the market subject to the conditions pertaining to its use listed under points 4(b), (c) and (d).
20. Organostannic compounds 1. Shall not be placed on the market, or used, as substances or in mixtures where the substance or mixture is acting as biocide in free association paint.
2. Shall not be placed on the market, or used, as substances or in mixtures where the substance or mixture acts as biocide to prevent the fouling by micro-organisms, plants or animals of:
(a) all craft irrespective of their length intended for use in marine, coastal, estuarine and inland waterways and lakes;
(b) cages, floats, nets and any other appliances or equipment used for fish or shellfish farming;
(c) any totally or partly submerged appliance or equipment.
3. Shall not be used as substances and constituents of mixtures intended for use in the treatment of industrial waters.
21. Di-μ-oxo-di-n-butylstanniohydroxyborane dibutyltin hydrogen borate C8H19BO3Sn (DBB) 3. Shall not be placed on the market, or used, as substances or in mixtures where the substance or mixture is intended for use in the treatment of industrial waters.
21. Di-μ-oxo-di-n-butylstanniohydroxyborane/Dibutyltin hydrogen borate C8H19BO3Sn (DBB)
CAS No 75113-37-0
ELINCS No 401-040-5 Shall be prohibited in a concentration equal to or greater than 0,1 % in substances and constituents of mixtures placed on the market. However, this provision shall not apply to this substance (DBB) or mixtures containing it if these are intended solely for conversion into finished articles, among which this substance will no longer feature in a concentration equal to or greater than 0,1 %. EC No 401-040-5 Shall not be placed on the market, or used, as a substance, or in mixtures in a concentration equal to, or greater than 0,1 % by weight.
However, the first paragraph shall not apply to this substance (DBB) or mixtures containing it if these are intended solely for conversion into articles, among which this substance will no longer feature in a concentration equal to or greater than 0,1 %.
22. Pentachlorophenol
CAS No 87-86-5
EINECS No 201-778-6
and its salts and esters 1. Shall not be used in a concentration equal to or greater than 0,1 % by mass in substances or mixtures placed on the market.
2. Transitional provisions:
By way of derogation until 31 December 2008 France, Ireland, Portugal, Spain and the United Kingdom may chose not to apply this provision to substances and mixtures intended for use in industrial installations not permitting the emission and/or discharge of pentachlorophenol (PCP) in quantities greater than those prescribed by existing legislation:
(a) in the treatment of wood.
However, treated wood shall not be used:
inside buildings whether for decorative purposes or not, whatever their purpose (residence, employment, leisure),
for the manufacture and re-treatment of:
(i) containers intended for growing purposes;
(ii) packaging that may come into contact with raw materials, intermediate or finished products destined for human and/or animal consumption;
(iii) other materials that may contaminate the products mentioned in (i) and (ii);
(b) in the impregnation of fibres and heavy-duty textiles not intended in any case for clothing or for decorative furnishings;
(c) by way of special exception, Member States may on a case-by-case basis, permit on their territory specialised professionals to carry out in situ and for buildings of cultural, artistic and historical interest, or in emergencies, a remedial treatment of timber and masonry infected by dry rot fungus (Serpula lacrymans) and cubic rot fungi.
In any case:
(a) Pentachlorophenol used alone or as a component of mixtures employed within the framework of the above exceptions must have a total hexachlorodibenzoparadioxin (HCDD) content of not more than two parts per million (ppm);
(b) these substances and mixtures shall not:
be placed on the market except in packages of 20 litres or more;
be sold to the general public.
3. Without prejudice to the implementation of other Community provisions concerning the classification, packaging and labelling of dangerous substances and mixtures, the packaging of substances and mixtures covered by paragraphs 1 and 2 shall be marked clearly and indelibly:
Reserved for industrial and professional use.
This provision shall not apply to waste covered by Directives 91/689/EEC and 2006/12/EC. EC No 201-778-6 and its salts and esters Shall not be placed on the market, or used,
as a substance,
as a constituent in other substances, or in mixtures, in a concentration equal to or greater than 0,1 % by weight.
23. Cadmium
CAS No 7440-43-9
EINECS No 231-152-8
and its compounds 1. Shall not be used to give colour to finished articles manufactured from the substances and mixtures listed below:
(a) polyvinyl chloride (PVC) [3904 10] [3904 21] [3904 22],
polyurethane (PUR) [3909 50],
low-density polyethylene (ld PE), with the exception of low-density polyethylene used for the production of coloured masterbatch [3901 10],
cellulose acetate (CA) [3912 11] [3912 12],
cellulose acetate butyrate (CAB) [3912 11] [3912 12],
epoxy resins [3907 30],
melamine — formaldehyde (MF) resins [3909 20],
urea — formaldehyde (UF) resins [3909 10],
unsaturated polyesters (UP) [3907 91],
polyethylene terephthalate (PET) [3907 60],
polybutylene terephthalate (PBT),
transparent/general-purpose polystyrene [3903 11] [3903 19],
acrylonitrile methylmethacrylate (AMMA),
cross-linked polyethylene (VPE),
high-impact polystyrene,
polypropylene (PP) [3902 10];
(b) paints [3208] [3209].
However, if the paints have a high zinc content, their residual concentration of cadmium shall be as low as possible and shall at all events not exceed 0,1 % by mass.
In any case, whatever their use or intended final purpose, finished articles or components of articles manufactured from the substances and mixtures listed above coloured with cadmium shall not be placed on the market if their cadmium content (expressed as Cd metal) exceeds 0,01 % by mass of the plastic material.
2. However, paragraph 1 does not apply to articles to be coloured for safety reasons.
3. Shall not be used to stabilise the finished articles listed below manufactured from polymers or copolymers of vinyl chloride:
packaging materials (bags, containers, bottles, lids) [3923 29 10] [3920 41] [3920 42],
office or school supplies [3926 10],
fittings for furniture, coachwork or the like [3926 30],
articles of apparel and clothing accessories (including gloves) [3926 20],
floor and wall coverings [3918 10],
impregnated, coated, covered or laminated textile fabrics [5903 10], EC No 231-152-8 and its compounds For the purpose of this entry, the codes and chapters indicated in square brackets are the codes and chapters of the tariff and statistical nomenclature of Common Customs Tariff as established by Council Regulation (EEC) No 2658/87.
1. Shall not be used to give colour to articles manufactured from the following substances and mixtures:
(a) polyvinyl chloride (PVC) [3904 10] [3904 21] [3904 22]
polyurethane (PUR) [3909 50]
low-density polyethylene (ld PE), with the exception of low-density polyethylene used for the production of coloured masterbatch [3901 10]
cellulose acetate (CA) [3912 11] [3912 12]
cellulose acetate butyrate (CAB) [3912 11] [3912 12]
epoxy resins [3907 30]
melamine — formaldehyde (MF) resins [3909 20]
urea — formaldehyde (UF) resins [3909 10]
unsaturated polyesters (UP) [3907 91]
polyethylene terephthalate (PET) [3907 60]
polybutylene terephthalate (PBT)
transparent/general-purpose polystyrene [3903 11] [3903 19]
acrylonitrile methylmethacrylate (AMMA)
cross-linked polyethylene (VPE)
high-impact polystyrene
polypropylene (PP) [3902 10]
(b) paints [3208] [3209]
However, if the paints have a high zinc content, their residual concentration of cadmium shall be as low as possible and shall in any event be less than 0,1 % by weight.
In any case, whatever their use or intended final purpose, articles or components of articles manufactured from the substances and mixtures listed above coloured with cadmium shall not be placed on the market if their cadmium content (expressed as Cd metal) is greater than 0,01 % by weight of the plastic material.
2. However, paragraph 1 shall not apply to articles to be coloured for safety reasons.
3. Shall not be used to stabilise the following mixtures or articles manufactured from polymers or copolymers of vinyl chloride:
packaging materials (bags, containers, bottles, lids) [3923 29 10],
office or school supplies [3926 10],
fittings for furniture, coachwork or the like [3926 30],
articles of apparel and clothing accessories (including gloves) [3926 20],
floor and wall coverings [3918 10],
impregnated, coated, covered or laminated textile fabrics [5903 10],
imitation leather [4202],
gramophone records [8524 10],
tubes and pipes and their fittings [3917 23], gramophone records,
tubes and pipes and their fittings [3917 23],
swing doors,
vehicles for road transport (interior, exterior, underbody),
coating of steel sheet used in construction or in industry,
insulation for electrical wiring.
In any case, whatever their use or intended final purpose, the placing on the market of the above finished articles or components of articles manufactured from polymers or copolymers of vinyl chloride, stabilised by substances containing cadmium shall be prohibited, if their cadmium content (expressed as Cd metal) exceeds 0,01 % by mass of the polymer.
4. However, paragraph 3 does not apply to finished articles using cadmium-based stabilisers for safety reasons.
5. Within the meaning of this Regulation, cadmium plating means any deposit or coating of metallic cadmium on a metallic surface.
Shall not be used for cadmium plating metallic articles or components of the articles used in the sectors/applications listed below: In any case, whatever their use or intended final purpose, the placing on the market of the above mixtures, articles or components of articles manufactured from polymers or copolymers of vinyl chloride, stabilised by substances containing cadmium is prohibited, if their cadmium content (expressed as Cd metal) exceeds 0,01 % by weight of the polymer.
4. However, paragraph 3 shall not apply to mixtures and articles using cadmium-based stabilisers for safety reasons.
5. For the purpose of this entry, cadmium plating means any deposit or coating of metallic cadmium on a metallic surface.
Shall not be used for cadmium plating metallic articles or components of the articles used in the following sectors/applications:
(a) equipment and machinery for:
food production [8210] [8417 20] [8419 81] [8421 11] [8421 22] [8422] [8435] [8437] [8438] [8476 11],
agriculture [8419 31] [8424 81] [8432] [8433] [8434] [8436],
cooling and freezing [8418],
printing and book-binding [8440] [8442] [8443]; food production [8210] [8417 20] [8419 81] [8421 11] [8421 22] [8422] [8435] [8437] [8438] [8476 11]
agriculture [8419 31] [8424 81] [8432] [8433] [8434] [8436]
cooling and freezing [8418]
printing and book-binding [8440] [8442] [8443]
(b) equipment and machinery for the production of:
household goods [7321] [8421 12] [8450] [8509] [8516],
furniture [8465] [8466] [9401] [9402] [9403] [9404],
sanitary ware [7324],
central heating and air conditioning plant [7322] [8403] [8404] [8415].
In any case, whatever their use or intended final purpose, the placing on the market of cadmium-plated articles or components of such articles used in the sectors/applications listed in points (a) and (b) above and of articles manufactured in the sectors listed in point (b) above shall be prohibited.
6. The provisions referred to in paragraph 5 are also applicable to cadmium-plated articles or components of such articles when used in the sectors/applications listed in points (a) and (b) below and to articles manufactured in the sectors listed in (b) below: household goods [7321] [8421 12] [8450] [8509] [8516]
furniture [8465] [8466] [9401] [9402] [9403] [9404]
sanitary ware [7324]
central heating and air conditioning plant [7322] [8403] [8404] [8415]
In any case, whatever their use or intended final purpose, the placing on the market of cadmium-plated articles or components of such articles used in the sectors/applications listed in points (a) and (b) above and of articles manufactured in the sectors listed in point (b) above is prohibited.
6. The provisions referred to in paragraph 5 shall also be applicable to cadmium-plated articles or components of such articles when used in the sectors/applications listed in points (a) and (b) below and to articles manufactured in the sectors listed in (b) below:
(a) equipment and machinery for the production of:
paper and board [8419 32] [8439] [8441],
textiles and clothing [8444] [8445] [8447] [8448] [8449] [8451] [8452]; paper and board [8419 32] [8439] [8441] textiles and clothing [8444] [8445] [8447] [8448] [8449] [8451] [8452]
(b) equipment and machinery for the production of:
industrial handling equipment and machinery [8425] [8426] [8427] [8428] [8429] [8430] [8431],
road and agricultural vehicles [chapter 87],
rolling stock [chapter 86],
vessels [chapter 89].
7. However, the restrictions in paragraphs 5 and 6 do not apply to: industrial handling equipment and machinery [8425] [8426] [8427] [8428] [8429] [8430] [8431]
road and agricultural vehicles [chapter 87]
rolling stock [chapter 86]
vessels [chapter 89]
7. However, the restrictions in paragraphs 5 and 6 shall not apply to:
articles and components of the articles used in the aeronautical, aerospace, mining, offshore and nuclear sectors whose applications require high safety standards and in safety devices in road and agricultural vehicles, rolling stock and vessels,
electrical contacts in any sector of use, on account of the reliability required of the apparatus on which they are installed.
Owing to the development of knowledge and techniques in respect of substitutes less dangerous than cadmium and its compounds, the Commission shall, in consultation with the Member States, assess the situation at regular intervals in accordance with the procedure laid down in Article 133(3) of this Regulation. electrical contacts in any sector of use, where that is necessary to ensure the reliability required of the apparatus on which they are installed.
24. Monomethyl — tetrachlorodiphenyl methane
Trade name: Ugilec 141
CAS No 76253-60-6 1. The placing on the market and use of this substance and of mixtures and articles containing it shall be prohibited.
2. By way of exception paragraph 1 shall not apply:
(a) in the case of plant and machinery already in service on 18 June 1994 until such plant and machinery is disposed of.
However, Member States may, on grounds of human health protection and environmental protection, prohibit within their territory the use of such plant or machinery before it is disposed of; CAS No 76253-60-6 1. Shall not be placed on the market, or used, as a substance or in mixtures.
Articles containing the substance shall not be placed on the market.
2. By way of derogation, paragraph 1 shall not apply:
(a) in the case of plant and machinery already in service on 18 June 1994, until such plant and machinery is disposed of;
(b) in the case of the maintenance of plant and machinery already in service within a Member State on 18 June 1994.
3. The placing on the second-hand market of this substance, mixtures containing this substance and plant/machinery containing this substance, shall be prohibited. For the purposes of point (a) Member States may, on grounds of human health protection and environmental protection, prohibit within their territory the use of such plant or machinery before it is disposed of.
25. Monomethyl-dichloro-diphenyl methane
Trade name: Ugilec 121, Ugilec 21;
CAS No — unknown The placing on the market and use of this substance and of mixtures and articles containing it shall be prohibited. Trade name: Ugilec 121
Ugilec 21 Shall not be placed on the market, or used, as a substance or in mixtures.
Articles containing the substance shall not be placed on the market.
26. Monomethyl-dibromo-diphenyl methane bromobenzylbromotoluene, mixture of isomers
Trade name: DBBT
CAS No 99688-47-8 The placing on the market and use of this substance and of mixtures and articles containing it shall be prohibited. CAS No 99688-47-8 Shall not be placed on the market, or used, as a substance or in mixtures.
Articles containing the substance shall not be placed on the market.
27. Nickel
CAS No 7440-02-0
EINECS No 231-111-4
and its compounds 1. Shall not be used:
(a) in all post assemblies which are inserted into pierced ears and other pierced parts of the human body unless the rate of nickel release from such post assemblies is less than 0,2 μg/cm2/week (migration limit); EC No 231-111-4 and its compounds 1. Shall not be used:
(a) in any post assemblies which are inserted into pierced ears and other pierced parts of the human body unless the rate of nickel release from such post assemblies is less than 0,2 μg/cm2/week (migration limit);
(b) in articles intended to come into direct and prolonged contact with the skin such as:
earrings,
necklaces, bracelets and chains, anklets, finger rings,
wrist-watch cases, watch straps and tighteners,
rivet buttons, tighteners, rivets, zippers and metal marks, when these are used in garments,
if the rate of nickel release from the parts of these articles coming into direct and prolonged contact with the skin is greater than 0,5 μg/cm2/week;
(c) in articles such as those listed in point (b) where these have a non-nickel coating unless such coating is sufficient to ensure that the rate of nickel release from those parts of such articles coming into direct and prolonged contact with the skin will not exceed 0,5 μg/cm2/week for a period of at least two years of normal use of the article.
2. Articles which are the subject of paragraph 1, shall not be placed on the market unless they conform to the requirements set out in those points. if the rate of nickel release from the parts of these articles coming into direct and prolonged contact with the skin is greater than 0,5 μg/cm2/week.
(c) in articles referred to in point (b) where these have a non-nickel coating unless such coating is sufficient to ensure that the rate of nickel release from those parts of such articles coming into direct and prolonged contact with the skin will not exceed 0,5 μg/cm2/week for a period of at least two years of normal use of the article.
2. Articles which are the subject of paragraph 1 shall not be placed on the market unless they conform to the requirements set out in that paragraph.
3. The standards adopted by the European Committee for Standardisation (CEN) shall be used as the test methods for demonstrating the conformity of articles to paragraphs 1 and 2.
28. Substances which appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 classified as carcinogen category 1A or 1B (Table 3.1) or carcinogen category 1 or 2 (Table 3.2) and listed as follows:
Carcinogen category 1A (Table 3.1)/carcinogen category 1 (Table 3.2) listed in Appendix 1
Carcinogen category 1B (Table 3.1)/carcinogen category 2 (Table 3.2) listed in Appendix 2 Without prejudice to the other parts of this Annex the following shall apply to entries 28 to 30:
1. Shall not be used in substances and mixtures placed on the market for sale to the general public in individual concentration equal to or greater than:
either the relevant specific concentration limit specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008, or
the relevant concentration specified in Directive 1999/45/EC. Carcinogen category 1B (Table 3.1)/carcinogen category 2 (Table 3.2) listed in Appendix 2
29. Substances which appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 classified as germ cell mutagen category 1A or 1B (Table 3.1) or mutagen category 1 or 2 (Table 3.2) and listed as follows:
Mutagen category 1A (Table 3.1)/mutagen category 1 (Table 3.2) listed in Appendix 3
Mutagen category 1B (Table 3.1)/mutagen category 2 (Table 3.2) listed in Appendix 4 Without prejudice to the implementation of other Community provisions relating to the classification, packaging and labelling of dangerous substances and mixtures, the packaging of such substances and mixtures must be marked legibly and indelibly as follows:Restricted to professional users. Mutagen category 1B (Table 3.1)/mutagen category 2 (Table 3.2) listed in Appendix 4
30. Substances which appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 classified as toxic to reproduction category 1A or 1B (Table 3.1) or toxic to reproduction category 1 or 2 (Table 3.2) and listed as follows:
Reproductive toxicant category 1A adverse effects on sexual function and fertility or on development (Table 3.1) or reproductive toxicant category 1 with R60 (May impair fertility) or R61 (May cause harm to the unborn child) (Table 3.2) listed in Appendix 5
Reproductive toxicant category 1B adverse effects on sexual function and fertility or on development (Table 3.1) or reproductive toxicant category 2 with R60 (May impair fertility) or R61 (May cause harm to the unborn child) (Table 3.2) listed in Appendix 6 2. By way of derogation, paragraph 1 shall not apply to: Reproductive toxicant category 1B adverse effects on sexual function and fertility or on development (Table 3.1) or reproductive toxicant category 2 with R60 (May impair fertility) or R61 (May cause harm to the unborn child) (Table 3.2) listed in Appendix 6 Without prejudice to the other parts of this Annex the following shall apply to entries 28 to 30:
1. Shall not be placed on the market, or used,
as substances,
as constituents of other substances, or,
in mixtures,
for supply to the general public when the individual concentration in the substance or mixture is equal to or greater than:
either the relevant specific concentration limit specified in Part 3 of Annex VI to Regulation (EC) No 1272/2008, or,
the relevant concentration specified in Directive 1999/45/EC.
Without prejudice to the implementation of other Community provisions relating to the classification, packaging and labelling of substances and mixtures, suppliers shall ensure before the placing on the market that the packaging of such substances and mixtures is marked visibly, legibly and indelibly as follows:
Restricted to professional users.
2. By way of derogation, paragraph 1 shall not apply to:
(a) medicinal or veterinary products as defined by Directive 2001/82/EC and Directive 2001/83/EC;
(b) cosmetic products as defined by Council Directive 76/768/EEC;
(c) motor fuels which are covered by Directive 98/70/EC, (b) cosmetic products as defined by Directive 76/768/EEC;
(c) the following fuels and oil products:
motor fuels which are covered by Directive 98/70/EC,
mineral oil products intended for use as fuel in mobile or fixed combustion plants,
fuels sold in closed systems (e.g. liquid gas bottles);
(d) artists' paints covered by Directive 1999/45/EC.
31. (a) creosote; wash oil (d) artists’ paints covered by Directive 1999/45/EC.
31. (a) Creosote; wash oil
CAS No 8001-58-9
EINECS No 232-287-5
(b) creosote oil; wash oil EC No 232-287-5
(b) Creosote oil; wash oil
CAS No 61789-28-4
EINECS No 263-047-8
(c) distillates (coal tar), naphthalene oils; naphthalene oil EC No 263-047-8
(c) Distillates (coal tar), naphthalene oils; naphthalene oil
CAS No 84650-04-4
EINECS No 283-484-8
(d) creosote oil, acenaphthene fraction; wash oil EC No 283-484-8
(d) Creosote oil, acenaphthene fraction; wash oil
CAS No 90640-84-9
EINECS No 292-605-3
(e) distillates (coal tar), upper; heavy anthracene oil EC No 283-484-8EC No 292-605-3
(e) Distillates (coal tar), upper; heavy anthracene oil
CAS No 65996-91-0
EINECS No 266-026-1
(f) anthracene oil EC No 266-026-1
(f) Anthracene oil
CAS No 90640-80-5
EINECS No 292-602-7
(g) tar acids, coal, crude; crude phenols EC No 292-602-7
(g) Tar acids, coal, crude; crude phenols
CAS No 65996-85-2
EINECS No 266-019-3
(h) creosote, wood EC No 266-019-3
(h) Creosote, wood
CAS No 8021-39-4
EINECS No 232-419-1
(i) low temperature tar oil, alkaline; extract residues (coal), low temperature coal tar alkaline EC No 232-419-1
(i) Low temperature tar oil, alkaline; extract residues (coal), low temperature coal tar alkaline
CAS No 122384-78-5
EINECS No 310-191-5 1. Shall not be used as substances or in mixtures in the treatment of wood. Furthermore, wood so treated shall not be placed on the market.
2. However by way of derogation:
(a) relating to the substances and mixtures: these may be used for wood treatment in industrial installations or by professionals covered by Community legislation on the protection of workers for in situ retreatment only if they contain:
(i) benzo[a]pyrene at a concentration of less than 0,005 % by mass;
(ii) and water extractable phenols at a concentration of less than 3 % by mass. EC No 310-191-5 1. Shall not be placed on the market, or used, as substances or in mixtures where the substance or mixture is intended for the treatment of wood. Furthermore, wood so treated shall not be placed on the market.
2. By way of derogation from paragraph 1:
(a) The substances and mixtures may be used for wood treatment in industrial installations or by professionals covered by Community legislation on the protection of workers for in situ retreatment only if they contain:
(i) benzo[a]pyrene at a concentration of less than 50 mg/kg (0,005 % by weight), and
(ii) water extractable phenols at a concentration of less than 3 % by weight.
Such substances and mixtures for use in wood treatment in industrial installations or by professionals:
may be placed on the market only in packaging of a capacity equal to or greater than 20 litres,
shall not be sold to consumers.
Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and mixtures, the packaging of such substances and mixtures shall be legibly and indelibly marked as follows: Without prejudice to the application of other Community provisions on the classification, packaging and labelling of substances and mixtures, suppliers shall ensure before the placing on the market that the packaging of such substances and mixtures is visibly, legibly and indelibly marked as follows:
For use in industrial installations or professional treatment only.
(b) relating to wood treated in industrial installations or by professionals according to point (a) which is placed on the market for the first time or retreated in situ: this is permitted for professional and industrial use only, e.g. on railways, in electric power transmission and telecommunications, for fencing, for agricultural purposes (e.g. stakes for tree support) and in harbours and waterways;
(c) the prohibition in paragraph 1 on the placing on the market shall not apply to wood which has been treated with substances listed in entry 31(a) to (i) before 31 December 2002 and is placed on the second-hand market for re-use.
3. However, treated wood referred to under paragraph 2(b) and (c) shall not be used: (b) Wood treated in industrial installations or by professionals according to subparagraph (a) which is placed on the market for the first time or retreated in situ may be used for professional and industrial use only, for example on railways, in electric power transmission and telecommunications, for fencing, for agricultural purposes (for example stakes for tree support) and in harbours and waterways.
(c) The prohibition in paragraph 1 on the placing on the market shall not apply to wood which has been treated with substances listed in entry 31 (a) to (i) before 31 December 2002 and is placed on the second-hand market for re-use.
3. Treated wood referred to under paragraph 2(b) and (c) shall not be used:
inside buildings, whatever their purpose,
in toys,
in playgrounds,
in parks, gardens, and outdoor recreational and leisure facilities where there is a risk of frequent skin contact,
in the manufacture of garden furniture such as picnic tables,
for the manufacture and use and any re-treatment of:
containers intended for growing purposes,
packaging that may come into contact with raw materials, intermediate or finished products destined for human and/or animal consumption,
other materials which may contaminate the articles mentioned above.
32. Chloroform
CAS No 67-66-3
EINECS No 200-663-8
33. Carbon tetrachloride-tetrachloromethane
CAS No 56-23-5
EINECS No 200-262-8
34. 1,1,2 Trichloroethane EC No 200-663-8
34. 1,1,2-Trichloroethane
CAS No 79-00-5
EINECS No 201-166-9
35. 1,1,2,2 Tetrachloroethane EC No 201-166-9
35. 1,1,2,2-Tetrachloroethane
CAS No 79-34-5
EINECS No 201-197-8
36. 1,1,1,2 Tetrachloroethane EC No 201-197-8
36. 1,1,1,2-Tetrachloroethane
CAS No 630-20-6
37. Pentachloroethane
CAS No 76-01-7
EINECS No 200-925-1
38. 1,1 Dichloroethylene EC No 200-925-1
38. 1,1-Dichloroethene
CAS No 75-35-4
EINECS No 200-864-0
39. 1,1,1 Trichloroethane, methyl chloroform
CAS No 71-55-6
EINECS No 200-756-3 1. Shall not be used in concentrations equal to or greater than 0,1 % by weight in substances and mixtures placed on the market for sale to the general public and/or in diffusive applications such as in surface cleaning and cleaning of fabrics.
2. Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and mixtures, the packaging of such substances and mixtures containing them in concentrations equal to or greater than 0,1 % shall be legible and indelibly marked as follows: EC No 200-864-0 Without prejudice to the other parts of this Annex, the following shall apply to entries 32 to 38.
1. Shall not be placed on the market, or used,
as substances,
as constituents of other substances, or in mixtures in concentrations equal to or greater than 0,1 % by weight,
where the substance or mixture is intended for supply to the general public and/or is intended for diffusive applications such as in surface cleaning and cleaning of fabrics.
2. Without prejudice to the application of other Community provisions on the classification, packaging and labelling of substances and mixtures, suppliers shall ensure before the placing on the market that the packaging of such substances and mixtures containing them in concentrations equal to or greater than 0,1 % by weight is visibly, legibly and indelibly marked as follows:
For use in industrial installations only.
By way of derogation this provision shall not apply to:
(a) medicinal or veterinary products as defined by Directive 2001/82/EC and Directive 2001/83/EC;
(b) cosmetic products as defined by Directive 76/768/EEC.
40. Substances meeting the criteria of flammability in Directive 67/548/EEC and classified as flammable, highly flammable or extremely flammable regardless of whether they appear in Annex I to that Directive or not. 1 Shall not be used on their own or in the form of mixtures in aerosol generators that are placed on the market for the general public for entertainment and decorative purposes such as the following: 40. Substances meeting the criteria of flammability in Directive 67/548/EEC and classified as flammable, highly flammable or extremely flammable regardless of whether they appear in Part 3 of Annex VI to Regulation (EC) No 1272/2008 or not. 1. Shall not be used, as substance or as mixtures in aerosol dispensers where these aerosol dispensers are intended for supply to the general public for entertainment and decorative purposes such as the following:
metallic glitter intended mainly for decoration,
artificial snow and frost,
whoopee cushions,
silly string aerosols,
imitation excrement,
horn for parties, horns for parties,
decorative flakes and foams,
artificial cobwebs,
stink bombs,
etc.
2. Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances, the following words must appear legibly and indelibly on the packaging of aerosol generators referred to above: stink bombs.
2. Without prejudice to the application of other Community provisions on the classification, packaging and labelling of substances, suppliers shall ensure before the placing on the market that the packaging of aerosol dispensers referred to above is marked visibly, legibly and indelibly with:
For professional users only.
3. By way of derogation, paragraphs 1 and 2 shall not apply to the aerosol generators referred to in Article 9a of Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers.
4. The articles referred to in paragraphs 1 and 2 shall not be placed on the market unless they conform to the requirements indicated. 3. By way of derogation, paragraphs 1 and 2 shall not apply to the aerosol dispensers referred to Article 8 (1a) of Council Directive 75/324/EEC.
4. The aerosol dispensers referred to in paragraphs 1 and 2 shall not be placed on the market unless they conform to the requirements indicated.
41. Hexachloroethane
CAS No 67-72-1
EINECS No 200-6664 Shall not be used in the manufacturing or processing of non-ferrous metals. EC No 200-666-4 Shall not be placed on the market, or used, as substance or in mixtures, where the substance or mixture is intended for the manufacturing or processing of non-ferrous metals.
42. Alkanes, C10-C13, chloro (short-chain chlorinated paraffins) (SCCPs)
EINECS No 287-476-5 Shall not be placed on the market for use as substances or as constituents of other substances or mixtures in concentrations higher than 1 %:
in metalworking,
for fat liquoring of leather.
43. Azocolourants 1. Azodyes which, by reductive cleavage of one or more azo groups, may release one or more of the aromatic amines listed in Appendix 8, in detectable concentrations, i.e. above 30 ppm in the finished articles or in the dyed parts thereof, according to the testing methods listed in Appendix 10, shall not be used in textile and leather articles which may come into direct and prolonged contact with the human skin or oral cavity, such as: EC No 287-476-5
CAS No 85535-84-8 Shall not be placed on the market, or used as substances, or as constituents of other substances or in mixtures in concentrations greater than 1 % by weight, where the substance or mixture is intended for:
metalworking,
fat liquoring of leather.
43. Azocolourants and Azodyes 1. Azodyes which, by reductive cleavage of one or more azo groups, may release one or more of the aromatic amines listed in Appendix 8, in detectable concentrations, i.e. above 30 mg/kg (0,003 % by weight) in the articles or in the dyed parts thereof, according to the testing methods listed in Appendix 10, shall not be used, in textile and leather articles which may come into direct and prolonged contact with the human skin or oral cavity, such as:
clothing, bedding, towels, hairpieces, wigs, hats, nappies and other sanitary items, sleeping bags,
footwear, gloves, wristwatch straps, handbags, purses/wallets, briefcases, chair covers, purses worn round the neck,
textile or leather toys and toys which include textile or leather garments,
yarn and fabrics intended for use by the final consumer.
2. Furthermore, the textile and leather articles referred to in paragraph 1 above shall not be placed on the market unless they conform to the requirements set out in that paragraph.
3. Azodyes, which are contained in Appendix 9, List of azodyes, shall not be placed on the market or used for colouring textile and leather articles as a substance or constituent of mixtures in concentrations higher than 0,1 % by mass.
4. The Commission shall, in the light of new scientific knowledge, review the provisions on azocolourants.
44. Diphenylether, pentabromo derivative C12H5Br5O 1. Shall not be placed on the market or used as a substance or as a constituent of mixtures in concentrations higher than 0,1 % by mass.
2. Articles may not be placed on the market if they, or flame-retarded parts thereof, contain this substance in concentrations higher than 0,1 % by mass.
45. Diphenylether, octabromo derivative C12H2Br8O 1. Shall not be placed on the market or used as a substance or as a constituent of substances or of mixtures in concentrations higher than 0,1 % by mass.
2. Articles may not be placed on the market if they, or flame-retardant parts thereof, contain this substance in concentrations higher than 0,1 % by mass.
46. (a) Nonylphenol C6H4(OH)C9H19
(b) Nonylphenol ethoxylate (C2H4O)nC15H24O Shall not be placed on the market or used as a substance or constituent of mixtures in concentrations equal or higher than 0,1 % by mass for the following purposes: 2. Furthermore, the textile and leather articles referred to in paragraph 1 shall not be placed on the market unless they conform to the requirements set out in that paragraph.
3. Azodyes, which are contained in Appendix 9, List of azodyes shall not be placed on the market, or used, as substances, or in mixtures in concentrations greater than 0,1 % by weight, where the substance or the mixture is intended for colouring textile and leather articles.
44. Diphenylether, pentabromo derivative
C12H5Br5O 1. Shall not be placed on the market, or used,
as a substance,
in mixtures in concentrations greater than 0,1 % by weight.
2. Articles shall not be placed on the market if they, or flame-retarded parts thereof, contain this substance in concentrations greater than 0,1 % by weight.
3. By way of derogation, paragraph 2 shall not apply
to articles that were in use in the Community before 15 August 2004,
to electrical and electronic equipment within the scope of Directive 2002/95/EC of the European Parliament and Council.
45. Diphenylether, octabromo derivative
C12H2Br8O 1. Shall not be placed on the market, or used:
as a substance,
as a constituent of other substances, or in mixtures, in concentrations greater than 0,1 % by weight.
2. Articles shall not be placed on the market if they, or flame-retardant parts thereof, contain this substance in concentrations greater than 0,1 % by weight.
3. By way of derogation, paragraph 2 shall not apply:
to articles that were in use in the Community before 15 August 2004,
to electrical and electronic equipment within the scope of Directive 2002/95/EC.
46. (a) Nonylphenol
C6H4(OH)C9H19
CAS 25154-52-3
EC 246-672-0
(b) Nonylphenol ethoxylates
(C2H4O)nC15H24O Shall not be placed on the market, or used, as substances or in mixtures in concentrations equal to or greater than 0,1 % by weight for the following purposes:
(1) industrial and institutional cleaning except:
controlled closed dry cleaning systems where the washing liquid is recycled or incinerated,
cleaning systems with special treatment where the washing liquid is recycled or incinerated; cleaning systems with special treatment where the washing liquid is recycled or incinerated.
(2) domestic cleaning;
(3) textiles and leather processing except:
processing with no release into waste water,
systems with special treatment where the process water is pre-treated to remove the organic fraction completely prior to biological waste water treatment (degreasing of sheepskin);
(4) emulsifier in agricultural teat dips;
(5) metal working except:
uses in controlled closed systems where the washing liquid is recycled or incinerated;
(6) manufacturing of pulp and paper;
(7) cosmetic products;
(8) other personal care products except:
spermicides;
(9) co-formulants in pesticides and biocides.
47. Cement 1. Cement and cement-containing mixtures shall not be used or placed on the market, if they contain, when hydrated, more than 0,0002 % soluble chromium VI of the total dry weight of the cement.
2. If reducing agents are used, then without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and mixtures, the packaging of cement or cement-containing mixtures shall be legibly and indelibly marked with information on the packing date, as well as on the storage conditions and the storage period appropriate to maintaining the activity of the reducing agent and to keeping the content of soluble chromium VI below the limit indicated in paragraph 1. (9) co-formulants in pesticides and biocides. However national authorisations for pesticides or biocidal products containing nonylphenol ethoxylates as co-formulant, granted before 17 July 2003, shall not be affected by this restriction until their date of expiry.
47. Chromium VI compounds 1. Cement and cement-containing mixtures shall not be placed on the market, or used, if they contain, when hydrated, more than 2 mg/kg (0,0002 %) soluble chromium VI of the total dry weight of the cement.
2. If reducing agents are used, then without prejudice to the application of other Community provisions on the classification, packaging and labelling of substances and mixtures, suppliers shall ensure before the placing on the market that the packaging of cement or cement-containing mixtures is visibly, legibly and indelibly marked with information on the packing date, as well as on the storage conditions and the storage period appropriate to maintaining the activity of the reducing agent and to keeping the content of soluble chromium VI below the limit indicated in paragraph 1.
3. By way of derogation, paragraphs 1 and 2 shall not apply to the placing on the market for, and use in, controlled closed and totally automated processes in which cement and cement-containing mixtures are handled solely by machines and in which there is no possibility of contact with the skin.
48. Toluene
CAS No 108-88-3 Shall not be placed on the market or used as a substance or constituent of mixtures in a concentration equal to or higher than 0,1 % by mass in adhesives and spray paints intended for sale to the general public.
Member States shall apply these measures from 15 June 2007. CAS No 108-88-3
EC No 203-625-9 Shall not be placed on the market, or used, as a substance or in mixtures in a concentration equal to or greater than 0,1 % by weight where the substance or mixture is used in adhesives or spray paints intended for supply to the general public.
49. Trichlorobenzene
CAS No 120-82-1 Shall not be placed on the market or used as a substance or constituent of mixtures in a concentration equal to or higher than 0,1 % by mass for all uses except:
as an intermediate of synthesis, or
as a process solvent in closed chemical applications for chlorination reactions, or
in the manufacture of 1,3,5 — trinitro — 2,4,6 — triaminobenzene (TATB).
Member States shall apply these measures from 15 June 2007. CAS No 120-82-1
EC No 204-428-0 Shall not be placed on the market, or used, as a substance or in mixtures in a concentration equal to or greater than 0,1 % by weight for any use except:
as an intermediate of synthesis, or,
as a process solvent in closed chemical applications for chlorination reactions, or,
in the manufacture of 1,3,5-triamino — 2,4,6-trinitrobenzene (TATB).
50. Polycyclic-aromatic hydrocarbons (PAH)
1. Benzo(a)pyrene (BaP) (a) Benzo[a]pyrene (BaP)
CAS No 50-32-8
2. Benzo(e)pyrene (BeP) (b) Benzo[e]pyrene (BeP)
CAS No 192-97-2
3. Benzo(a)anthracene (BaA) (c) Benzo[a]anthracene (BaA)
CAS No 56-55-3
4. Chrysen (CHR) (d) Chrysen (CHR)
CAS No 218-01-9
5. Benzo(b)fluoranthene (BbFA) (e) Benzo[b]fluoranthene (BbFA)
CAS No 205-99-2
6. Benzo(j)fluoranthene (BjFA) (f) Benzo[j]fluoranthene (BjFA)
CAS No 205-82-3
7. Benzo(k)fluoranthene (BkFA) (g) Benzo[k]fluoranthene (BkFA)
CAS No 207-08-9
8. Dibenzo(a, h)anthracene (DBAhA)
CAS No 53-70-3 1. Extender oils shall not be placed on the market and used for the production of tyres or parts of tyres, if they contain:
more than 1 mg/kg BaP, or
more than 10 mg/kg of the sum of all listed PAHs.
These limits are regarded as kept, if the polycyclic aromatics (PCA) extract is less than 3 % by mass, as measured by the Institute of Petroleum standard IP346: 1998 (Determination of PCA in unused lubricating base oils and asphaltene free petroleum fractions — Dimethyl sulphoxide extraction refractive index method), provided that compliance with the limit values of BaP and of the listed PAHs, as well as the correlation of the measured values with the PCA extract, is controlled by the manufacturer or importer every six months or after each major operational change, whichever is earlier.
2. Furthermore, the tyres and treads for retreading manufactured after 1 January 2010 may not be placed on the market if they contain extender oils exceeding the limits indicated in paragraph 1.
These limits are regarded as kept, if the vulcanised rubber compounds do not exceed the limit of 0,35 % Bay protons as measured and calculated by ISO 21461 (Rubber vulcanised — Determination of aromaticity of oil in vulcanised rubber compounds). (h) Dibenzo[a,h]anthracene (DBAhA)
CAS No 53-70-3 1. From 1 January 2010, extender oils shall not be placed on the market, or used for the production of tyres or parts of tyres if they contain:
more than 1 mg/kg (0,0001 % by weight) BaP, or,
more than 10 mg/kg (0,001 % by weight) of the sum of all listed PAHs.
These limits shall be regarded as kept, if the polycyclic aromatics (PCA) extract is less than 3 % by weight as measured by the Institute of Petroleum standard IP346: 1998 (Determination of PCA in unused lubricating base oils and asphaltene free petroleum fractions — Dimethyl sulphoxide extraction refractive index method), provided that compliance with the limit values of BaP and of the listed PAHs, as well as the correlation of the measured values with the PCA extract, is controlled by the manufacturer or importer every six months or after each major operational change, whichever is earlier.
2. Furthermore, tyres and treads for retreading manufactured after 1 January 2010 shall not be placed on the market if they contain extender oils exceeding the limits indicated in paragraph 1.
These limits shall be regarded as kept, if the vulcanised rubber compounds do not exceed the limit of 0,35 % Bay protons as measured and calculated by ISO 21461 (Rubber vulcanised — Determination of aromaticity of oil in vulcanised rubber compounds).
3. By way of derogation, paragraph 2 shall not apply to retreaded tyres if their tread does not contain extender oils exceeding the limits referred to in paragraph 1.
4. Member States shall apply these measures from 1 January 2010.
51. The following phthalates (or other CAS- and EINECS numbers covering the substance):
bis (2-ethylhexyl) phthalate (DEHP) 4. For the purpose of this entry tyres shall mean tyres for vehicles covered by:
Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers,
Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, and
Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC.
51. The following phthalates (or other CAS and EC numbers covering the substance):
(a) Bis (2-ethylhexyl) phthalate (DEHP)
CAS No 117-81-7
Einecs No 204-211-0
dibutyl phthalate (DBP) EC No 204-211-0
(b) Dibutyl phthalate (DBP)
CAS No 84-74-2
Einecs No 201-557-4
benzyl butyl phthalate (BBP) EC No 201-557-4
(c) Benzyl butyl phthalate (BBP)
CAS No 85-68-7
Einecs No 201-622-7 Shall not be used as substances or as constituents of mixtures, at concentrations higher than 0,1 % by mass of the plasticised material, in toys and childcare articles.
Toys and childcare articles containing these phthalates in a concentration higher than 0,1 % by mass of the plasticised material shall not be placed on the market.
The Commission shall re-evaluate, by 16 January 2010, the measures provided for in relation to this point in the light of new scientific information on such substances and their substitutes, and if justified, these measures shall be modified accordingly.
52. The following phthalates (or other CAS- and EINECS numbers covering the substance):
di-isononyl phthalate (DINP) EC No 201-622-7 1. Shall not be used as substances or in mixtures, in concentrations greater than 0,1 % by weight of the plasticised material, in toys and childcare articles.
2. Toys and childcare articles containing these phthalates in a concentration greater than 0,1 % by weight of the plasticised material shall not be placed on the market.
3. The Commission shall re-evaluate, by 16 January 2010, the measures provided for in relation to this entry in the light of new scientific information on such substances and their substitutes, and if justified, these measures shall be modified accordingly.
4. For the purpose of this entry childcare article shall mean any product intended to facilitate sleep, relaxation, hygiene, the feeding of children or sucking on the part of children.
52. The following phthalates (or other CAS- and EC numbers covering the substance):
(a) Di-isononyl phthalate (DINP)
CAS No 28553-12-0 and 68515-48-0
Einecs No 249-079-5 and 271-090-9
di-isodecyl phthalate (DIDP) EC No 249-079-5 and 271-090-9
(b) Di-isodecyl phthalate (DIDP)
CAS No 26761-40-0 and 68515-49-1
Einecs No 247-977-1 and 271-091-4
di-n-octyl phthalate (DNOP) EC No 247-977-1 and 271-091-4
(c) Di-n-octyl phthalate (DNOP)
CAS No 117-84-0
Einecs No 204-214-7 Shall not be used as substances or as constituents of mixtures, at concentrations higher than 0,1 % by mass of the plasticised material, in toys and childcare articles which can be placed in the mouth by children.
Toys and childcare articles containing these phthalates in a concentration higher than 0,1 % by mass of the plasticised material shall not be placed on the market.
The Commission shall re-evaluate, by 16 January 2010, the measures provided for in relation to this point in the light of new scientific information on such substances and their substitutes, and if justified, these measures shall be modified accordingly. EC No 204-214-7 1. Shall not be used as substances or in mixtures, in concentrations greater than 0,1 % by weight of the plasticised material, in toys and childcare articles which can be placed in the mouth by children.
2. Such toys and childcare articles containing these phthalates in a concentration greater than 0,1 % by weight of the plasticised material shall not be placed on the market.
3. The Commission shall re-evaluate, by 16 January 2010, the measures provided for in relation to this entry in the light of new scientific information on such substances and their substitutes, and if justified, these measures shall be modified accordingly.
4. For the purpose of this entry childcare article shall mean any product intended to facilitate sleep, relaxation, hygiene, the feeding of children or sucking on the part of children.
53. Perfluorooctane sulfonates (PFOS) C8F17SO2X
(X = OH, Metal salt (O-M+), halide, amide, and other derivatives including polymers) 1. Shall not be placed on the market, or used, as substances or in mixtures in concentrations equal to or greater than 50 mg/kg (0,005 % by weight).
2. Shall not be placed on the market in semi-finished products or articles, or parts thereof, if the concentration of PFOS is equal to or greater than 0,1 % by weight calculated with reference to the mass of structurally or microstructurally distinct parts that contain PFOS or, for textiles or other coated materials, if the amount of PFOS is equal to or greater than 1 μg/m2 of the coated material.
3. By way of derogation, paragraphs 1 and 2 shall not apply to the following items, nor to substances and mixtures needed to produce them:
(a) photoresists or anti-reflective coatings for photolithography processes;
(b) photographic coatings applied to films, papers, or printing plates;
(c) mist suppressants for non-decorative hard chromium (VI) plating and wetting agents for use in controlled electroplating systems where the amount of PFOS released into the environment is minimised, by fully applying relevant best available techniques developed within the framework of Directive 2008/1/EC;
(d) hydraulic fluids for aviation.
4. By way of derogation from paragraph 1, fire-fighting foams that were placed on the market before 27 December 2006 may be used until 27 June 2011.
5. By way of derogation, paragraph 2 shall not apply to articles that were in use in the Community before 27 June 2008.
6. Paragraphs 1 and 2 shall apply without prejudice to Regulation (EC) No 648/2004 of the European Parliament and of the Council.
7. As soon as new information on details of uses and safer alternative substances or technologies for the uses becomes available, the Commission shall review each of the derogations in paragraph 3(a) to (d) so that:
(a) the uses of PFOS will be phased out as soon as the use of safer alternatives is technically and economically feasible;
(b) a derogation can only be continued for essential uses for which safer alternatives do not exist and where the efforts undertaken to find safer alternatives have been reported on;
(c) releases of PFOS into the environment have been minimised, by applying best available techniques.
8. The Commission shall keep under review the ongoing risk assessment activities and the availability of safer alternative substances or technologies related to the uses of perfluorooctanoic acid (PFOA) and related substances and propose all necessary measures to reduce identified risks, including restrictions on marketing and use, in particular when safer alternative substances or technologies, that are technically and economically feasible, are available.
54. 2-(2-methoxyethoxy)ethanol (DEGME)
CAS No 111-77-3
EC No 203-906-6 Shall not be placed on the market after 27 June 2010, for supply to the general public, as a constituent of paints, paint strippers, cleaning agents, self-shining emulsions or floor sealants in concentrations equal to or greater than 0,1 % by weight.
55. 2-(2-butoxyethoxy)ethanol (DEGBE)
CAS No 112-34-5
EC No 203-961-6 1. Shall not be placed on the market for the first time after 27 June 2010, for supply to the general public, as a constituent of spray paints or spray cleaners in aerosol dispensers in concentrations equal to or greater than 3 % by weight.
2. Spray paints and spray cleaners in aerosol dispensers containing DEGBE and not conforming to paragraph 1 shall not be placed on the market for supply to the general public after 27 December 2010.
3. Without prejudice to other Community legislation concerning the classification, packaging and labelling of substances and mixtures, suppliers shall ensure before the placing on the market that paints other than spray paints containing DEGBE in concentrations equal to or greater than 3 % by weight of that are placed on the market for supply to the general public are visibly, legibly and indelibly marked by 27 December 2010 as follows:
Do not use in paint spraying equipment.
56. Methylenediphenyl diisocyanate (MDI)
CAS No 26447-40-5
EC No 247-714-0 1. Shall not be placed on the market after 27 December 2010, as a constituent of mixtures in concentrations equal to or greater than 0,1 % by weight of MDI for supply to the general public, unless suppliers shall ensure before the placing on the market that the packaging:
(a) contains protective gloves which comply with the requirements of Council Directive 89/686/EEC;
(b) is marked visibly, legibly and indelibly as follows, and without prejudice to other Community legislation concerning the classification, packaging and labelling of substances and mixtures:
— Persons already sensitised to diisocyanates may develop allergic reactions when using this product.
— Persons suffering from asthma, eczema or skin problems should avoid contact, including dermal contact, with this product.
— This product should not be used under conditions of poor ventilation unless a protective mask with an appropriate gas filter (i.e. type A1 according to standard EN 14387) is used.
2. By way of derogation, paragraph 1(a) shall not apply to hot melt adhesives.
57. Cyclohexane
CAS No 110-82-7
EC No 203-806-2 1. Shall not be placed on the market for the first time after 27 June 2010, for supply to the general public, as a constituent of neoprene-based contact adhesives in concentrations equal to or greater than 0,1 % by weight in package sizes greater than 350 g.
2. Neoprene-based contact adhesives containing cyclohexane and not conforming to paragraph 1 shall not be placed on the market for supply to the general public after 27 December 2010.
3. Without prejudice to other Community legislation concerning the classification, packaging and labelling of substances and mixtures, suppliers shall ensure before the placing on the market that neoprene-based contact adhesives containing cyclohexane in concentrations equal to or greater than 0,1 % by weight that are placed on the market for supply to the general public after 27 December 2010 are visibly, legibly and indelibly marked as follows:
— This product is not to be used under conditions of poor ventilation.
— This product is not to be used for carpet laying..
58. Ammonium nitrate (AN)
CAS No 6484-52-2
EC No 229-347-8 1. Shall not be placed on the market for the first time after 27 June 2010 as a substance, or in mixtures that contain more than 28 % by weight of nitrogen in relation to ammonium nitrate, for use as a solid fertiliser, straight or compound, unless the fertiliser complies with the technical provisions for ammonium nitrate fertilisers of high nitrogen content set out in Annex III to Regulation (EC) No 2003/2003 of the European Parliament and of the Council.
2. Shall not be placed on the market after 27 June 2010 as a substance, or in mixtures that contain 16 % or more by weight of nitrogen in relation to ammonium nitrate except for supply to:
(a) downstream users and distributors, including natural or legal persons licensed or authorised in accordance with Council Directive 93/15/EEC;
(b) farmers for use in agricultural activities, either full time or part time and not necessarily related to the size of the land area.
For the purposes of this subparagraph:
(i) farmer shall mean a natural or legal person, or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, whose holding is situated within Community territory, as referred to in Article 299 of the Treaty, and who exercises an agricultural activity;
(ii) agricultural activity shall mean the production, rearing or growing of agricultural products including harvesting, milking, breeding animals and keeping animals for farming purposes, or maintaining the land in good agricultural and environmental condition as established under Article 5 of Council Regulation (EC) No 1782/2003;
(c) natural or legal persons engaged in professional activities such as horticulture, plant growing in greenhouses, maintenance of parks, gardens or sport pitches, forestry or other similar activities.
3. However, for the restrictions in paragraph 2, Member States may until 1 July 2014, for socioeconomic reasons, apply a limit of up to 20 % by weight of nitrogen in relation to ammonium nitrate for substances and mixtures placed on the market within their territories. They shall inform the Commission and other Member States thereof.
Appendices 1 to 6
FOREWORD
Explanations of column headings
Substances:
The name is the same as that used for the substance in Part 3 of Annex VI to Regulation (EC) No 1272/2008. Whenever possible dangerous substances are designated by their EINECS (European Inventory of Existing Commercial Chemical Substances) or ELINCS (European List of Notified Chemical Substances) names. These are referred to as EC numbers in the table. Other entries not listed in EINECS or ELINCS are designated using an internationally recognised chemical name (e.g. ISO, IUPAC). An additional common name is included in some cases. The name corresponds to the International Chemical Identification used for the substance in Part 3 of Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006.
Whenever possible, substances are designated by their IUPAC names. Substances listed in Einecvs (European Inventory of Existing Commercial Chemical Substances), Elincs (European List of Notified Substances) or the list of No-longer-polymers are designated using the names in these lists. Other names, such as usual or common names, are included in some cases. Whenever possible, plant protection products and biocides are designated by their ISO names.
Entries for groups of substances:
A number of group entries are included in Part 3 of Annex VI to Regulation (EC) No 1272/2008. In these cases, the classification requirements will apply to all substances covered by the description.
In some cases, there are classification requirements for specific substances that would be covered by the group entry. In such cases a specific entry is included in Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance and the group entry will be annotated with the phrase except those specified elsewhere in Annex VI to Regulation (EC) No 1272/2008.
In some cases, individual substances may be covered by more than one group entry. In these cases, the classification of the substance reflects the classification for each of the two group entries. In cases where different classifications for the same hazard are given, the most severe classification will be applied.
Index number:
The index number is the identification code given to the substance in Part 3 of Annex VI to Regulation (EC) No 1272/2008. Substances are listed in the Appendix according to this index number.
EINECS number:
For each substance listed in the EINECS there is an identification code. The code starts at 200-001 8.
ELINCS number
For each new substance notified under the Directive 67/548/EEC an identification code has been defined and published in the ELINCS. The code starts at 400-010-9. The Index number is the identification code given to the substance in Part 3 of Annex VI to Regulation (EC) No 1272/2008. Substances are listed in the Appendix according to this index number.
EC numbers:
The EC number, i.e. Einecs, Elincs or NLP, is the official number of the substance within the European Union. The Einecs number can be obtained from the European Inventory of Existing Commercial Chemical Substance (Einecs). The Elincs number can be obtained from the European List of Notified Substances. The NLP number can be obtained from the list of No-longer-polymers. These lists are published by the Office for Official Publications of the European Communities.
The EC number is a seven-digit system of the type XXX-XXX-X which starts at 200-001-8 (Einecs), at 400-010-9 (Elincs) and at 500-001-0 (NLP). This number is indicated in the column entitled EC No.
CAS number:
Chemical Abstracts Service (CAS) numbers have been defined for substances to help in their identification.
Notes:
The full text of the notes can be found in Part 1 of Annex VI to Regulation (EC) No 1272/2008.
The notes to be taken into account for the purposes of this Regulation are the following:
Note A:
Without prejudice to Article 17(2) of Regulation (EC) No 1272/2008, the name of the substance must appear on the label in the form of one of the designations given in Part 3 of Annex VI to that Regulation.
In that Part, use is sometimes made of a general description such as ... compounds or ... salts. In this case, the supplier who places such a substance on the market is required to state on the label the correct name, due account being taken of Section 1.1.1.4 of Annex VI to Regulation (EC) No 1272/2008.
In accordance with Regulation (EC) No 1272/2008, where a substance is included in Part 3 of Annex VI to that Regulation, the labelling elements relevant for each specific classification covered by the entry in that Part shall be included in the label, together with the applicable label elements for any other classification not covered by that entry, and any other applicable label elements in accordance with Article 17 of that Regulation.
For substances belonging to one particular group of substances included in Part 3 of Annex VI to Regulation (EC) No 1272/2008, the labelling elements relevant for each specific classification covered by the entry in that Part shall be included in the label, together with the applicable label elements for any other classification not covered by that entry, and any other applicable label elements in accordance with Article 17 of that Regulation.
For substances belonging to more than one group of substances included in Part 3 of Annex VI to Regulation (EC) No 1272/2008, the labelling elements relevant for each specific classification covered by both entries in that Part shall be included in the label, together with the applicable label elements for any other classification not covered by that entry, and any other applicable label elements in accordance with Article 17 of that Regulation. In cases where two different classifications are given in the two entries for the same hazard class or differentiation, the classification reflecting the more severe classification shall be used. In that Part, use is sometimes made of a general description such as … compounds or … salts. In this case, the supplier who places such a substance on the market is required to state on the label the correct name, due account being taken of Section 1.1.1.4 of Annex VI to Regulation (EC) No 1272/2008.
Note C:
Some organic substances may be marketed either in a specific isomeric form or as a mixture of several isomers.
Note D:
Certain substances which are susceptible to spontaneous polymerisation or decomposition are generally placed on the market in a stabilised form. It is in this form that they are listed in Part 3 of Annex VI to Regulation (EC) No 1272/2008.
However, such substances are sometimes placed on the market in a non-stabilised form. In this case, the supplier who places such a substance on the market must state on the label the name of the substance followed by the words non-stabilised.
Note E:
Substances with specific effects on human health (see chapter 4 of Annex VI of Directive 67/548/EEC) that are classified as carcinogenic, mutagenic and/or toxic for reproduction in categories 1 or 2 are ascribed Note E if they are also classified as very toxic (T+), toxic (T) or harmful (Xn). For these substances, the risk phrases R20, R21, R22, R23, R24, R25, R26, R27, R28, R39, R68 (harmful), R48 and R65 and all combinations of these risk phrases shall be preceded by the word Also.
Note H:
The classification and label shown for this substance applies to the hazard or hazards indicated by the hazard statement or hazard statements in combination with the hazard classification shown. The requirements of Article 4 of Regulation (EC) No 1272/2008 on suppliers of this substance apply to all other hazard classes, differentiations and categories.
The final label shall follow the requirements of section 1.2 of Annex I to Regulation (EC) No 1272/2008. However, such substances are sometimes placed on the market in a non-stabilised form. In this case, supplier who places such a substance on the market must state on the label the name of the substance followed by the words non-stabilised.
Note J:
The classification as a carcinogen need not apply if it can be shown that the substance contains less than 0,1 % w/w benzene (EINECS No 200-753-7). The classification as a carcinogen or mutagen need not apply if it can be shown that the substance contains less than 0,1 % w/w benzene (EC No 200-753-7).
Note K:
The classification as a carcinogen or mutagen need not apply if it can be shown that the substance contains less than 0,1 % w/w 1,3-butadiene (Einecs No 203-450-8). If the substance is not classified as a carcinogen or mutagen, at least the precautionary statements (P102-)P210-P403 should apply. This note applies only to certain complex oil-derived substances in Part 3 of Annex VI to Regulation (EC) No 1272/2008. The classification as a carcinogen or mutagen need not apply if it can be shown that the substance contains less than 0,1 % w/w 1,3-butadiene (EC No 203-450-8).
Note L:
The classification as a carcinogen need not apply if it can be shown that the substance contains less than 3 % DMSO extract as measured by IP 346. The classification as a carcinogen need not apply if it can be shown that the substance contains less than 3 % DMSO extract as measured by IP 346.
Note M:
The classification as a carcinogen need not apply if it can be shown that the substance contains less than 0,005 % w/w benzo[a]-pyrene (EINECS No 200-028-5). The classification as a carcinogen need not apply if it can be shown that the substance contains less than 0,005 % w/w benzo[a]-pyrene (EC No 200-028-5).
Note N:
The classification as a carcinogen need not apply if the full refining history is known and it can be shown that the substance from which it is produced is not a carcinogen.
Note P:
The classification as a carcinogen need not apply if it can be shown that the substance contains less than 0,1 % w/w benzene (EINECS No 200-753-7). The classification as a carcinogen or mutagen need not apply if it can be shown that the substance contains less than 0,1 % w/w benzene (EC No 200-753-7).
Note R:
The classification as a carcinogen need not apply to fibres with a length weighted geometric mean diameter, less two standard errors, greater than 6μm.
Note S:
This substance may not require a label according to Article 17 of Regulation (EC) No 1272/2008 (see section 1.3 of Annex I to that Regulation).
Appendix 1
Point 28 — Carcinogens: category 1A (Table 3.1)/category 1 (Table 3.2) Entry 28 — Carcinogens: category 1A (Table 3.1)/category 1 (Table 3.2)
Substances Index No EC No CAS No Notes
Chromium (VI) trioxide 024-001-00-0 215-607-8 1333-82-0 E
Zinc chromates including zinc potassium chromate 024-007-00-3 Nickel monoxide 028-003-00-2 215-215-7 1313-99-1 Nickel dioxide 028-004-00-8 234-823-3 12035-36-8 Dinickel trioxide 028-005-00-3 215-217-8 1314-06-3 Nickel sulphide 028-006-00-9 240-841-2 16812-54-7 Nickel subsulphide 028-007-00-4 234-829-6 12035-72-2 Diarsenic trioxide; arsenic trioxide 033-003-00-0 215-481-4 1327-53-3 Arsenic pentoxide; arsenic oxide 033-004-00-6 215-116-9 1303-28-2 Arsenic acid and its salts 033-005-00-1 Lead hydrogen arsenate 082-011-00-0 232-064-2 7784-40-9 Butane [containing ≥ 0,1 % Butadiene (203-450-8)] [1] 601-004-01-8 203-448-7 [1] 106-97-8 [1] C, S
… 303 unchanged lines …
77536-66-4
77536-68-6
77536-67-5 Appendix 2
Point 28 — Carcinogens: category 1B (Table 3.1)/ category 2 (Table 3.2) Entry 28 — Carcinogens: category 1B (Table 3.1)/category 2 (Table 3.2)
Substances Index No EC No CAS No Notes
Beryllium 004-001-00-7 231-150-7 7440-41-7 Beryllium compounds with the exception of aluminium beryllium silicates 004-002-00-2 Beryllium oxide 004-003-00-8 215-133-1 1304-56-9 E
Sulfallate (ISO); 2-chlorallyl diethyldithiocarbamate 006-038-00-4 202-388-9 95-06-7 Dimethylcarbamoyl chloride 006-041-00-0 201-208-6 79-44-7 Diazomethane 006-068-00-8 206-382-7 334-88-3 Hydrazine 007-008-00-3 206-114-9 302-01-2 E
… 1,234 unchanged lines …
Foots oil (petroleum), hydrotreated; Foots oil 649-550-00-9 295-394-6 92045-12-0 L
Refractory ceramic fibres; Special Purpose Fibres, with the exception of those specified elsewhere in Annex VI to Regulation (EC) No 1272/2008; (Man-made vitreous (silicate) fibres with random orientation with alkaline oxide and alkali earth oxide (Na2O + K2O + CaO + MgO + BaO) content less or equal to 18 % by weight.) 650-017-00-8 R
Appendix 3
Point 29 — Mutagens: category 1A (Table 3.1)/category 1 (Table 3.2) Entry 29 — Mutagens: category 1A (Table 3.1)/category 1 (Table 3.2)
Appendix 4
Point 29 — Mutagens: category 1B (Table 3.1)/category 2 (Table 3.2) Entry 29 — Mutagens: category 1B (Table 3.1)/category 2 (Table 3.2)
Substances Index No EC No CAS No Notes
Hexamethylphosphoric triamide; hexamethylphosphoramide 015-106-00-2 211-653-8 680-31-9 Diethyl sulphate 016-027-00-6 200-589-6 64-67-5 Chromium (VI) trioxide 024-001-00-0 215-607-8 1333-82-0 E
Potassium dichromate 024-002-00-6 231-906-6 7778-50-9 E
… 291 unchanged lines …
Tail gas (petroleum), isomerised naphtha fractionation stabiliser; Petroleum gas
(A complex combination of hydrocarbons obtained from the fractionation stabilisation products from isomerised naphtha. It consists predominantly of hydrocarbons having carbon numbers predominantly in the range of C1 through C4.) 649-210-00-X 269-628-2 68308-08-7 H, K
Appendix 5
Point 30 — Reproductive toxicants: category 1A (Table 3.1)/category 1 (Table 3.2) Entry 30 — Toxic to reproduction: category 1A (Table 3.1)/category 1 (Table 3.2)
Substances Index No EC No CAS No Notes
Carbon monoxide 006-001-00-2 211-128-3 630-08-0 Lead hexafluorosilicate 009-014-00-1 247-278-1 25808-74-6 Lead compounds with the exception of those specified elsewhere in this Annex 082-001-00-6 A, E
Lead alkyls 082-002-00-1 A, E
Lead azide 082-003-00-7 236-542-1 13424-46-9 Lead chromate 082-004-00-2 231-846-0 7758-97-6 Lead di(acetate) 082-005-00-8 206-104-4 301-04-2 Trilead bis(orthophosphate) 082-006-00-3 231-205-5 7446-27-7 Lead acetate 082-007-00-9 215-630-3 1335-32-6 Lead(II) methanesulphonate 082-008-00-4 401-750-5 17570-76-2 C.I. Pigment Yellow 34;
(This substance is identified in the Colour Index by Colour Index Constitution No C.I. 77603.) 082-009-00-X 215-693-7 1344-37-2 C.I. Pigment Red 104;
(This substance is identified in the Colour Index by Colour Index Constitution No C.I. 77605.) 082-010-00-5 235-759-9 12656-85-8 Lead hydrogen arsenate 082-011-00-0 232-064-2 7784-40-9 1,2-Dibromo-3-chloropropane 602-021-00-6 202-479-3 96-12-8 2-bromopropane 602-085-00-5 200-855-1 75-26-3 E
Warfarin; 4-hydroxy-3-(3-oxo-1-phenylbutyl)coumarin 607-056-00-0 201-377-6 81-81-2 Lead 2,4,6-trinitroresorcinoxide, lead styphnate 609-019-00-4 239-290-0 15245-44-0 Appendix 6
Point 30 — Reproductive toxicants: category 1B (Table 3.1)/category 2 (Table 3.2) Entry 30 — Toxic to reproduction: category 1B (Table 3.1)/category 2 (Table 3.2)
Substances Index No EC No CAS No Notes
Linuron (ISO)
3-(3,4-dichlorophenyl)-1-methoxy-1-methylurea 006-021-00-1 206-356-5 330-55-2 E
… 80 unchanged lines …
6. The labelling of any article intended for domestic use which is not covered by Section 5 and which is likely, during use, to release asbestos fibres shall, if necessary, contain the following safety instruction: replace when worn.
7. The labelling of articles containing asbestos shall be in the official language or languages of the Member State(s) where the article is placed on the market.
Appendix 8
Point 43 — Azocolourants Entry 43 — Azocolourants — List of aromatic amines
List of aromatic amines
CAS No Index No EC No Substances
1. 92-67-1 612-072-00-6 202-177-1 biphenyl-4-ylamine
… 29 unchanged lines …
2-methoxyaniline
22. 60-09-3 611-008-00-4 200-453-6 4-amino azobenzene
Appendix 9
Point 43 — Azocolourants Entry 43 — Azocolourants — List of azodyes
List of azodyes
CAS No Index No EC No Substances
1. Not allocated
Component 1:
CAS-No: 118685-33-9
C39H23ClCrN7O12S.2Na
Component 2:
C46H30CrN10O20S2.3Na 611-070-00-2 405-665-4 A mixture of: disodium (6-(4-anisidino)-3-sulfonato-2-(3,5-dinitro-2-oxidophenylazo)-1-naphtholato)(1-(5-chloro-2-oxidophenylazo)-2-naphtholato)chromate(1-);
trisodium bis(6-(4-anisidino)-3-sulfonato-2-(3,5-dinitro-2-oxidophenylazo)-1-naphtholato)chromate(1-)
Appendix 10
Point 43 — Azocolourants Entry 43 — Azocolourants — List of testing methods
List of testing methods
ESO: European standardisation organisations:
CEN: rue de Stassart 36, B-1050 Bruxelles; tel. (32-2) 550 08 11, fax (32-2) 550 08 19. http://www.cenorm.be
CENELEC: rue de Stassart 36, B-1050 Bruxelles; tel. (32-2) 519 68 71, fax (32-2) 519 69 19. http://www.cenelec.org CEN: Avenue Marnix 17, 1000 Brussels, Belgium, tel. +32 2550 08 11, fax +32 2550 08 19 (http://www.cen.eu/cenorm/homepage.htm)
Cenelec: Avenue Marnix 17, B-1000 Brussels, tel. +32 25196871, fax +32 2519 69 19 (http://www.cenelec.eu/Cenelec/Homepage.htm)
ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis; tel. (33) 492 94 42 00, fax (33) 493 65 47 16. http://www.etsi.org
European standardisation organisation Reference and title of the standard Reference document Reference of the superseded standard
CEN Leather — Chemical tests — Determination of certain azocolorants in dyed leathers CEN ISO/TS 17234:2003 NONE
CEN Textiles — Methods for the determination of certain aromatic amines derived from azocolorants — Part 1: Detection of the use of certain azo colorants accessible without extraction EN 14362-1:2003 NONE
CEN Textiles — Methods for determination of certain aromatic amines derived from azocolorants — Part 2: Detection of the use of certain azo colorants accessible by extracting the fibres EN 14362-2:2003 NONE
MODIFIED ±0 Annex 17§
applies from: unknown
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The full entry, with the citation mapping v1 = 02006R1907-20090220, v2 = 02006R1907-20090627, is committed at eu/32006R1907/CHANGELOG.md.