EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2019) XXX  draft  
ANNEX 1  
 
ANNEX  
 
to the  
COMMISSION REGULATION (EU) …/…  
of XXX  
amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament 
and of the Council concerning the Registration, Evaluation, Authorisation and 
Restriction of Chemicals (REACH) as regards lead in gunshot in or around wetlands    
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 ANNEX  
In Annex XVII to Regulation (EC) No 1907/2006, in entry 63, the following paragraphs are 
added  in the second column :  
 
 ‘[20]. Doing either of the following acts after 
[Publications office - please fill in the date  
that is 18 months  from date of entry into force  
of this amending Regulation] in or within 400 
metres of wetland s is prohibited : 
(a) discharging gunshot containing a 
concentration of lead (expressed as 
metal) equal to or greater than 1% by 
weight ; 
(b) being in possession of any such 
gunshot  where this occurs while out 
wetland shooting or as part of going 
wetland  shooting . 
For the purposes of the first subparagraph:  
(a) an area is considered to be within 400 
metres of wetland s if it lies within 
400 metres outward from any outer 
boundary point of a wetland ; 
(b) ‘wetland shooting’ means shooting in 
or within 400 metres of wetlands ; 
(c) if a person is found in possession of 
gunshot in or within 400 metres of 
wetland s while out shooting or as part 
of going shooting , the shooting 
concerned shall be presumed to be 
wetland shooting  unless that person 
can demonstrate that it was some  
other type of  shooting . 
The restriction contained in the first 
subparagraph shall not apply in a Member 
State if that Member State notifies  the 
Commission in accordance with paragraph 
[21] that it intends to make use of the option  
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 granted by that paragraph . 
[21]. If  at least 20 % in total of the territory , 
excluding the territorial waters, of a Member 
State  are wetlands,  that Member State may, in 
place of the restriction in the first 
subparagraph of paragraph [20], prohibit the 
following acts throughout the whole of its 
territory from [Publications office - please fill 
in the date  that is 36 months from entry into 
force  of this amending Regulation ]: 
(a) the placing on the market of gunshot 
containing a concentration of lead (expressed 
as metal) equal to o r greater than 1% by 
weight;  
(b) the discharging  of any such gunshot ; 
(c) the being in possession of any such 
gunshot while out shooting or as  part of going 
shooting.  
Any Member State intending to make use of 
the option granted by the first subparagraph 
shall notify the Commission of this intention 
by [Publications office - please fill in the date 
that is 6 months from entry into force  of this 
amending Regulation ]. The Member State 
shall send a copy of the national measures 
adopted by it to the Commission without 
delay and in any event by [Publications office 
- please fill in the date  that is 30 months from 
entry into force  of this amending Regulation ]. 
The Commission s hall make publicly 
available without delay any such notices of 
intention  and copies of national measures  
received by it.  
[22]. For the purposes of paragraphs [20] and 
[21]:  
(a) “wetlands” means areas of marsh, fen, 
peatland or water, whether natural or  
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 artificial, permanent or temporary, with water 
that is static or flowing, fresh, brackish or 
salt, including areas of marine water the 
depth of which at low tide does not exceed 
six metres;  
(b) “gunshot” means pellets used or intended 
for use in a single c harge or cartridge in a 
shotgun;  
(c) “shotgun” means a smooth -bore gun, 
excluding airguns;  
(d) “shooting” means shooting with a shotgun 
and includes  any form of hunting with a 
shotgun;  
(e) in determining whether a person found 
with gunshot is in possession  of gunshot “as 
part of going shooting”:  
(i) regard  shall be had to all the 
circumstances of the case ; 
(ii) the person found with the gunshot 
need not necessarily be the same  
person  as the person shooting .’. 
 
  
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