EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2022) XXX  draft  
ANNEX  
 
ANNEX  
to the  
COMMISSION REGULATION (EU) No …/... of XXX  
 
amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament 
and of the Council as regards lead and its compounds in PVC          
  EN 2  EN ANNEX  
 
In column 2 of entry 63 of Annex XVII to Regulation (EC) No 1907/2006 , the following 
paragraphs are added : 
 
 
 
 “15. Shall not be used in articles produced from polymers or 
copolymers of vinyl chloride ( ‘PVC ’). 
16. Shall not be placed on the market in  PVC articles  if the 
concentration of lead (expressed as Pb metal ) is equal to or greater 
than 0 ,1 % by weight of the PVC  material .  
17. Paragraphs 15 and 16 shall apply with effect from [OP, please 
insert the date corresponding to 24 months + 1 day after the entry into 
force of th is Regulation ]. 
18. By way of derogation, p aragraph s 15 and 16 shall not apply to  the 
following PVC article s containing recovered rigid PVC  until [OP, 
please insert the date corresponding to 10 years after the entry into 
force of this Regulation ], if the concentration of lead (expressed as 
metal) is lower than  1,5 % by weight of the recovered rigid PVC  and, 
wher e a layer of newly produced PVC or other material covers the 
recovered  rigid  PVC , the concentration of lead  (expressed as metal ) is 
lower than 0,1  % by weight in that  layer :  
(a) profiles and sheets for exterior applications in buildings and 
civil engineering works , excluding decks and terraces;  
(b) profiles and sheets for decks and terraces , provided that the 
recovered PVC  is used in a middle layer and  is entirely covered 
with a layer of newly produced PVC  or other material ; 
(c) profiles and sheets for use in conceale d spaces or voids in 
buildings and civil engineering works (where they are 
inaccessible during normal use, excluding maintenance , for 
example, cable ducts);  
(d) profiles and sheets for interior building applications , provided 
that the entire surface of the pro file or sheet facing the 
occupied areas of a building after installation is produced using 
newly produced PVC  or other material ; 
(e) multi -layer pipes  (excluding pipes for drinking water) , 
provided that  the recovered PVC  is used in a middle layer and  
is entirely covered with a layer of newly produced PVC  or 
other material ; 
(f) fittings, excluding fittings for pipes for drinking water . 
Rigid PVC  recovered from the categories of articles referred to in 
points (a) to (d)  shall only be used for the production of new articles of 
any of those categories.  
Suppliers of PVC articles containing recovered rigid PVC with a 
concentration of lead (expressed as metal) equal to or greater than 0,1 EN 3  EN % by weight of the PVC shall ensure, before placing those articles on 
the ma rket, that they are visibly, legibly and indelibly marked with the 
statement: “Contains lead”. Where the marking cannot  be provided on 
the article due to the nature of the article, it shall be on the packaging 
of the article.  
Suppliers of PVC articles containing recovered rigid PVC  shall submit 
to national enforcement authorities upon request documentary 
evidence to substantiate the claims on the recovered origin of the PVC  
in those articles. Certificates issued by schemes to provide proof of 
traceabili ty and recycled content, such as those developed according to 
EN 15343 :2007  or equivalent recognised standards, may be used to 
substantiate such claims for PVC articles produced in the Union. 
Claims made on the recovered origin of the PVC in imported artic les 
shall be accompanied by a certificate that provides equivalent proof of 
traceability and recycled content, issued by an independent third party.  
By [OP, please insert a date corresponding to 5 years after the entry 
into force of this Regulation ], the C ommission shall review this 
paragraph in light of new scientific information and, if appropriate , 
modify it accordingly.  
19. By way of derogation, p aragraphs 15 and 16 shall not apply to:  
(a)  PVC -silica separators in lead acid batteries , until [OP, please 
insert a date corresponding to 10 years after the entry into 
force  of this Regulation ]; 
(b) articles covered by paragraph  1, in accordance with paragraphs 
2 to 5,  and by paragraph 7 in accordance with paragraphs 8 and 
10; 
(c)  articles within the scope of : 
(i)   Regulation (EC) No 1935/2004;  
(ii)   Directive 2011/65/EU;  
(iii)   Directive 94/62/EC;  
(iv)   Directive 2009/48/EC.  
20. By way of derogation, p aragraph 16 shall not apply to PVC articles 
placed on the market until [OP, please insert a date corresponding to 
24 months  after  the entry into force  of this Regulation ]. “