EN   EN  
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2019) XXX  draft  
ANNEX 1  
 
ANNEX  
to   
COMMISSION REGULATION (EU) No …/..  
 of XXX  
 
amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament 
and of the Council on the Registration, Evaluation, Authorisation and Restriction of 
Chemicals ("REACH") as regards lead and its compounds  
 EN 1  EN ANNEX  
In column 2 of entry 63 of Annex XVII to Regulation (EC) No 1907/2006 , the following 
paragraphs are added : 
 
 
 
 11. Shall not be used in articles produced from polymers or 
copolymers of vinyl chloride (PVC ) 
12. Shall not be placed on the market in a rticles produced from 
polymers or copolymers of PVC  if the concentration of lead (expressed 
as metal ) is equal to or greater than 0 ,1 % by weight of the PVC 
material.   
13. Paragraphs 1 1 and 12 shall apply with effect from [ OP, please 
insert the date corresponding to 24 months after the entry into force of 
this Regulation ]. 
14. By way of derogation, paragraph s 11 and 12 shall not apply to:  
(a) the following rigid article s containing recovered rigid PVC  until 
[OP, please insert the date corresponding to 15 years after the entry 
into force  of this Regulation ], provided that the concentration of lead 
(expressed as metal) does  not exceed 2  % by weight of the recovered 
PVC material:   
- profiles and sheets for exterior applications in buildings and 
civil engineering works , excluding decks and terraces;  
- decks and terraces , provided that the recovered PVC is used in 
the middle layer and  is entirel y covered with a layer of newly 
produced PVC  or other material , which prevent s leaching and 
formation of lead containing dusts during article service life ; 
- profiles and sheets for use in concealed spaces or voids in 
buildings and civil engineering works (where they are 
inaccessible during normal use, excluding maintenance , for 
example, cable ducts);  
- profiles and sheets for interior building applications , provided 
that the entire surface of the profile or sheet facing the 
occupied areas of a building after i nstallation is produced using 
newly produced PVC  or other material , which  prevent s 
leaching and formation of lead containing dusts during article 
service life ; 
- multi -layer pipes  (excluding pipes for drinking water) , 
provided that  the recovered PVC is used in the middle layer 
and–is entirely covered with a layer of newly produced PVC;  
- fittings, excluding fittings for pipes for drinking water.  
The concentration of lead, expressed as metal, in the layer that 
prevent s leaching and formation of lead containing d usts during article 
service covering the  recovered PVC in the above applications shall  be 
lower than 0 ,1 % by weight of the material  used in the layer .  
(b) the following  flexible  article s containing recovered flexible (soft) EN 2  EN PVC  - until [ OP, please insert the date corresponding to 15 years after 
the entry into force  of this Regulation ], provided that the concentration 
of lead (expressed as metal) does not exceed 1  % by weight of the 
recovered PVC material:  
- mats for stables and greenhouses;  
- noise insulation sheets;  
- multilayer hoses, articles for roofing and waterproofing, for 
road furniture and traffic management and professional 
footwear . With effect from [ OP, please insert the date 
corresponding to [6] years after the entry into force of t his 
Regulation  ], this derogation shall only apply provided that the 
recovered PVC used in such articles is entirely enclosed with a 
layer of newly produced PVC  or other material , which  prevent s 
leaching or formation of lead -containing dusts during article  
service .  
The concentration of lead, expressed as metal, of other material that 
prevent s leaching and formation of lead containing dusts during article 
service used in combination with recovered PVC  in the above 
applications shall be lower than 0 ,1 % by w eight of the other material.   
(c) 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 ]. 
(d) articles covered by paragraph  1, in accordance with paragraphs 2 t o 
5, and by paragraph 7 in accordance with paragraphs 8 and 10 . 
(e) articles within the scope of : 
- Regulation (EC) No 1935/2004;  
- Directive 2011/65/EU ;  
- Directive 94/62/EC;  
- Directive 2009/48/EC.  
15. Suppliers of rigid and flexible PVC articles listed in paragraph 
14(a) and (b) shall ensure , before placing those articles on the market , 
that they are visibly, legibly and indelibly marked as follows: 
‘Contains rec overed  PVC’.  The same marking shall be applied, before 
their placing on the market, to the packa ging containing recovered 
PVC.  
16. Suppliers of rigid and flexible PVC articles covered by paragraph 
14(a) and (b) shall submit  to national enforcement authorities upon 
request  documentary evidence to substantiate the claims on the 
recovered origin of PVC in those articles . Certificates issued by 
schemes to provide proof of traceability and recycled content, such as 
those developed according to EN 15343 or similar standards, may be 
used to substantiate such claims  for articles manufactured in the 
Union . Claims made on the recovered origin of PVC in  imported 
articles shall be accompanied by a certificate issued by an independent EN 3  EN third party.   
17. The Commission shall review the derogation set out in paragraph 
14(a) and (b) in accordance with Article 69 by [OP, please insert a 
date corresponding to 10 years after the entry into force of th is 
Regulation ].  
18. Paragraph 12 shall not apply to articles for which it can be 
demonstrated that they ha d already been placed on the market before 
[OP, please insert a date corresponding to 24 months  after the entry 
into force  of this Regulation ].  
19. Paragraphs 1 1 and 12 shall not apply to the following pigments:  
- lead sulfochromate yellow (EC No: 215 -693-7); 
- lead chromate molybdate sulfate  red (EC No: 235 -759-9).