EN EN
EUROPEAN
COMMISSION
Brussels, XXX
[…](2013) XXX draft
COMMISSION REGULATION (EU) No …/..
of XXX
amending 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 Annex XVII (CMR substances)
(Text with EEA relevance)EN 2 ENCOMMISSION REGULATION (EU) No …/..
of XXX
amending 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 Annex XVII (CMR substances)
(Tex t with EEA relevance)
THE EUROPEAN COMMI SSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the 
Council of 18 December 2006 concerning the Registration , Evaluation, Authorisation and 
Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending 
Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission 
Regulation (EC) No 1488/94 as well as Council Directiv e 76/769/EEC and Commission 
Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC1, and in particular Article 
68(2) thereof,
Whereas: 
(1) Annex XVII to Regulation (EC) No 1907/2006, in its entries 28 to 30, prohibits the 
sale to the general public of sub stances that are classified as carcinogenic, mutagenic 
or reproductive toxicant (CMR), categories 1A or 1B or of mixtures containing them 
in concentration above specified concentration limits. The substances concerned are 
listed in Appendices 1 to 6 to Ann ex XVII.
(2) Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 
16December 2008 on classification, labelling and packaging of substances and 
mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and 
amending Regulat ion (EC) No 1907/20062was amended by Commission Regulation 
(EU) No 618/2012 of 10 July2012 amending, for the purposes of its adaptation to 
technical and scientific progress, Regulation (EC) No 1272/2008 of the European 
Parliament and of the Council on cl assification, labelling and packaging of substances 
and mixtures3and by  Commission Regulation (EU) No xxx4in order to update or 
include a number of new harmonised classifi cations of CMR substances. 
(3) Regulation (E U) No 618/2012 establishes a new harmonise d classification for the 
following substances : indium phosphide has been classified as carcinogenic 1B, 
trixy lyl phosphate and 4 -tert-butylbenzoic acid have been classified as reproductive 
toxicant 1B. 
(4) Regulation (E U) No xxxxx establishes a new harmonised classification for the 
following substances : [pitch, coal tar, high -temp. ]has been classified as carcinogenic 
  
1OJ L 396, 30.12.2006, p. 1.
2OJ L 353, 31.12.2008, p.1.
3OJ L 179, 11.7.2012, p.3 .
4OJ L xxxx .EN 3 EN1A; gallium arsenide has been classified as carcinogenic 1B; [pitch, coal tar, high -
temp. ] have been classified as mutagenic 1B ; [pitch, coal ta r, high -temp. ], 
epoxiconazole (ISO), nitrobenzene, dihexy l phthalate, N -ethyl-2-pyrrolidone, 
ammoniumpentadecafluorooctanoate, perfluorooctanoic acid and 2 -ethylhex yl10-
ethyl-4,4-dioct yl-7-oxo-8-oxa-3,5-dithia -4-stannatetradecanoate have been classified 
as reproductive toxicant 1B. 
(5) As operators may apply the harmonised classifications set out in Part 3 of Annex VI to 
Regulation (EC) No 1272/2008 at an earlier date , they should be able to apply the 
provisions of this Regulation earlier, on a voluntary basis.
(6) Appendices 1 to 6 to Annex XVII to Regulation (EC) No 1907/2006 should be 
amended accordingl y.
(7) The measures provided for in this Regulation are in accordance with the opinion of the 
Committee established under Article 133 of Regulation (EC) No 1907/2006 ,
HAS ADOPTED THIS REGULATION:
Article 1
Annex XVII to Regulation (EC) No 1907/2006 is amended in accordance with Annex esI, II 
andIII to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publicat ion in 
the Official Journal of the European Union .
Annex I to this Regulation shall apply from 1 April 2014.
Annex II to this Regulation shall apply from 1 January 2015.
Annex III to this Regulation shall apply from 1 April 2016. 
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 
For the Commission
The PresidentEN 4 ENANNEX I
Annex XVII to Regulation (EC) No 1907/2006 is amended as follows:
(1) InAppendix 2 ,the following entr yis inserted inthe t able in accordance with the 
order of the entries set out therein :
'indium phosphide 015-200-00-3 244-959-5 22398 -80-7’
(2) In Appendix 6 ,the following entries are inserted inthe table in accordance with the 
order of the entries set out therein :
'trixyly l phosphate 015-201-00-9 246-677-8 25155 -23-1
4-tert-butylbenzoic acid 607-698-00-1 202-696-3 98-73-7’EN 5 ENAnnex II
Annex XVII to Regulation (EC) No 1907/2006 is amended as follows:
(1) InAppendix 2 , the following entr y is inserted in the table in accorda nce with the 
order of the entries set out therein :
‘gallium arsenide 031-001-00-4 215-114-8 1303 -00-0'
(2) In Appendix 6 ,the following entries are inserted inthe table in accordance with the 
order of the entries set out therein :
‘epoxiconazole (ISO);
(2RS ,3SR) -3-(2-chlorophenyl) -2-(4-fluorophenyl) -
[(1H-1,2,4 -triazol -1-yl)methyl]oxirane613-175-00-9 406-850-2 133855 -98-8
nitrobe nzene 609-003-00-7 202-716-0 98-95-3
dihexyl phthalate 607-702-00-1 201-559-5 84-75-3
N-ethyl -2-pyrrolidone; 1 -ethylpyrrolidi n-2-one 616-208-00-5 220-250-6 2687 -91-4
ammoniumpentadecafluorooctanoate 607-703-00-7 223-320-4 3825 -26-1
perfluorooctanoic acid 607-704-00-2 206-397-9 335-67-1
2-ethylhexyl 10 -ethyl -4,4-dioctyl -7-oxo-8-oxa-3,5-
dithia -4-stannatetradecanoate050-027-00-7 239-622-4 15571 -58-1'
Annex III
Annex XVII to Regulation (EC) No 1907/2006 is amended as follows:
(1) InAppendix 1 ,the following entry is inserted in the table in accordance with the 
order of the entries set out therein :
'pitch, coal tar, high -temp.;
(The residue from the distillation of high 
temperature coal tar. A black solid with an 
approximate softening point from 30 °C to 180 °C 
(86 °F to 356 °F). Composed primarily of a 
complex mixture of three or more membered 
condensed ring aromatic hydroc arbons.)648-055-00-5 266-028-2 65996 -93-2'
(2) In Appendix 2 ,the following entry is deleted:
'pitch, coal tar, high -temp.;
(The residue from the distillation of high 
temperature coal tar. A black solid with an 
approximate softening point from 30 °C t o 180 °C 
(86 °F to 356 °F). Composed primarily of a 
complex mixture of three or more membered 648-055-00-5 266-028-2 65996 -93-2'EN 6 ENcondensed ring aromatic hydrocarbons.)
(3) InAppendix 4 ,the following entry is inserted in the table in accordance with t he 
order of the entries set out therein :
‘pitch, coal tar, high -temp.;
(The residue from the distillation of high 
temperature coal tar. A black solid with an 
approximate softening point from 30 °C to 180 °C 
(86 °F to 356 °F). Composed primarily of a 
comple x mixture of three or more membered 
condensed ring aromatic hydrocarbons.)648-055-00-5 266-028-2 65996 -93-2'
(4) InAppendix 6 ,the following entry is inserted inthe table in accordance with the 
order of the entries set out therein :
‘pitch, coal tar, high-temp.;
(The residue from the distillation of high 
temperature coal tar. A black solid with an 
approximate softening point from 30 °C to 180 °C 
(86 °F to 356 °F). Composed primarily of a 
complex mixture of three or more membered 
condensed ring aromatic hydrocarbons.)648-055-00-5 266-028-2 65996 -93-2’