EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, XXX   
[…](2015) XXX  draft 
  
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 cadmium 
(Text with EEA relevance) 
  
EN 2   EN COMMISSION REGULATION (EU) …/… 
of XXX  
amending Annex XVII to Regulation (EC)  No 1907/2006 of the European Parliament 
and of the Council concerning the Regist ration, Evaluation, Authorisation and 
Restriction of Chemicals (R EACH) as regards cadmium 
(Text with EEA relevance) 
THE EUROPEAN COMMISSION, 
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 Regi stration, Evaluation, Authorisation and 
Restriction of Chemicals (REA CH), 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 Directive 76/769/EEC and Commission 
Directives 91/155/EEC, 93/67/ EEC, 93/105/EC and 2000/21/EC
1, and in particular Article 
68(1) thereof, 
Whereas: (1) Entry 23 of Annex XVII to Regulation (EC) No 1907/2006 prohibits the use of 
cadmium and cadmium compounds in paints with TARIC codes [3208] [3209], with a 
derogation for zinc-based paints. However,  this restriction does not apply to the 
placing on the market of paints containing cadmium. 
(2) In November 2012, the Commission requested the European Chemical Agency (“the 
Agency”) to prepare an Annex XV dossier  with a view to extending the existing 
restriction to the placing on the market of such paints containing cadmium over a 
certain concentration. 
(3) On 9 September 2014, the Agency’s Committ ee for Risk Assessment (RAC) adopted 
by consensus an opinion concluding that such  modification of the existing entry would 
facilitate enforcement and confirming that  no additional asse ssment of the risks 
presented by cadmium in paints is necessary. 
(4) On 25 November 2014, the Agency’s Co mmittee for Socio-Economic Assessment 
(SEAC) adopted by consensus an opinion in dicating that the pr oposed amendment of 
the existing restricti on is proportionate as it would not impose additional compliance 
costs on manufacturers, importers or consum ers, but would improve the enforceability 
of the restriction. 
(5) It is easier for enforcement authorities to monitor and control placing on the market 
than use. Moreover the intr oduction of a concentration limit clarifies that the 
unintended presence of cadmium in paints  as an impurity belo w that limit will not 
result in contravention of the restriction . 
                                                
 
1 OJ L 396, 30.12.2006, p 1.  
EN 3   EN (6) The Forum for Exchange of Informati on on Enforcement was consulted and its 
recommendations were taken into account. 
(7) Regulation (EC) No 1907/2006 should th erefore be amended accordingly.  
(8) The measures provided for in this Regulati on 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 am ended in accordance with the Annex to 
this Regulation. 
Article 2 
This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of  the European Union . 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, 
 For the Commission 
 Jean-Claude Juncker  The President