EN    EN  
+
 
 EUROPEAN  
COMMISSION 
Brussels, XXX   
[…](2014) XXX  draft 
ANNEX 1 
  
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 on the Registration, E valuation, Authorisation and Restriction of 
Chemicals ("REACH") as regards lead and its compounds 
 
  
EN 2   EN 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, Eval uation, Authorisation and Restriction of 
Chemicals ("REACH") as regar ds lead and its compounds 
 
In Annex XVII to Regulation (EC) No 1907/ 2006, column 2 of entry 63 is amended as 
follows: 
(1) paragraph 6 is replaced by the following:  “6. By 9 October 2017, the Commission shall re-evalu ate paragraphs 1 to 5 of this entry in the 
light of new scientific information, including the availability of alternatives and the migration 
of lead from the articles referred to in para graph 1 and, if appropriate, modify this entry 
accordingly.”  
 (2) the following paragraphs are added:   
“ 
 
 
 7. Shall not be placed on the market or used in articles supplied to 
the general public, if the concen tration of lead  (expressed as 
metal) in those articles or accessible parts thereof is equal to or greater than 0.05% by weight, a nd those articles or accessible 
parts thereof may, during normal or reasonably foreseeable 
conditions of use, be placed in the mouth by children.  
   That limit shall not apply wher e it can be demonstrated that the 
rate of lead release from such an article or any such accessible 
part of an article, whether coat ed or uncoated, does not exceed 
0.05 μg/cm2 per hour (equivalent to 0.05 μg/g/h), and, for 
coated articles, that the coating is sufficient to ensure that this release rate is not exceeded for a period of at leas t two years of 
normal use of the article.  
    For the purposes of this pa ragraph, it is considered that an 
article or accessible part of an article may be placed in the mouth by children if it is smaller than 5 centimetres in one dimension or has a detachable or protruding part of  that size.  
8. By way of derogation, paragraph 7  shall not apply to: 
a. jewellery articles covered by paragraph 1.  
EN 3   EN b. crystal glass as defined in  Annex I (categories 1, 2, 3 
and 4) to Council Directive 69/493/EEC1; 
c. non-synthetic or reconstructed precious and semi-
precious stones (CN code 7103 as established by Council Regulation (EEC) No 2658/87
2) unless they 
have been treated with lead or its compounds or mixtures containing these substances; 
d. enamels, defined as vitrifia ble mixtures resulting from 
the fusion, vitrification or si ntering of mineral melted at 
a temperature of at least 500°C; 
e. keys and locks, including padlocks;  
f. musical instruments; 
g. articles and parts of article s comprising brass alloys, if 
the concentration of lead (e xpressed as metal) in the 
brass alloy does not exceed 0.5% by weight; 
h. the tips of writing instruments; 
 i. articles within the scope of :  
(i) Directive 94/62/EC; 
(ii) Regulation (EC) No 1935/2004;  
(iii) Directive 2009/48/EC of the European 
Parliament and of the Council*; 
(iv) Directive 2011/65/EU of the European 
Parliament and of the Council**  
9.  By way of derogation para graph 7 shall not apply to 
articles placed on the market for the first time before [first day 
of the 13
th month after the entry into force].   
___________ 
 
* Directive 2009/48/EC of the Eur opean Parliament and of the 
Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, p. 1). 
** Directive 2011/65/EU of the European Parliament and of 
the Council of 8 June 2011 on the restriction of the use of 
certain hazardous substances in  electrical and electronic 
equipment  (OJ L 174, 1.7.2011, p. 88). 
 
                                                 
1  Council Directive 69/493/EEC of 15  December 1969 on the approximation of the laws of the Member States 
relating to crystal glass (OJ L 326, 29.12.1969, p. 36). 
2  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the 
Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).