ANNEX  
In Annex XVII  to Regulation (EC) No 1907/2006 , the following entry is added:  
“ 66. 
Bis(pentabromophenyl)ether  
(decabromodiphenyl ether; decaBDE)  
 
CAS No 1163 -19-5 
EC No 214 -604-9 1. Shall not be manufactured  or placed on the 
market as a substance on its  own  after [ date - 
eighteen months after the entry into force of 
this Regulation ]. 
 
2. Shall not be used in the production of, or 
placed on the market  in: 
(a) another substance , as a constituent ; 
(b) a mixture ;  
(c) an article, or any part thereof,  
in a concentration equal to or greater than 
0,1 % by weight , after [ date - eighteen 
months after the entry into force of this 
Regulation ]. 
 
3. Paragraph s 1 and 2 shall not apply  to a 
substance, constituent of another substance  
or mixture that is to be used, or is used : 
(a) in the production of an aircraft before 
[date – 10 years after entry into  force of 
this Regulation ],  
(b) in the production of spare parts for  either 
of the following:  
(i) an aircraft produced before  [date – 10 
years after entry into force of this 
Regulation ],  
(ii) motor vehicles within the scope of 
Directive 2007/46/ EC, agricultural 
and forestry vehicles within the scope 
of Regulation (EU) No  167/2013  of 
the European Parliament and of the 
Council( *) or machinery within the 
scope of Directive 2006/42/EC  of the 
European Parliament and of the 
Council( **), produced before (date - 
18 months after the entry into force 
of this Regulation) . 
 
4. Sub-paragraph 2(c) shall not apply  to any of 
the following : 
(a) articles placed on the market before [ date 
- eighteen months after the entry into 
force of this Regulation ]; 
(b) aircraft produced in accordance with sub -
paragraph 3(a); 
(c) spare parts of aircraft, vehicles or machines produced in accordance with 
sub-paragraph 3(b);  
(d) electrical and electronic equipment 
within the scope of Directive  
2011/65/EU  of the European Parliament 
and of the Council . 
5. For the purposes of  this entry ‘aircraft’ 
means  one of the following : 
(a) a civil aircraft produced in accordance 
with a typ e certificate issued under 
Regulation (EU) No  216/2008  of the 
European Parlia ment and of the Council 
(***) or with a design approval issued 
under the national regulations of a 
contracting State of the International 
Civil Aviation Organisation (ICAO), or 
for which a certificate of airworthiness 
has been issued by an ICAO contracting  
State under Annex 8 to the Convention  
on International Civil Aviation , 
(b) a military aircraft. ” 
_____________________________________  
(*) Regulation (EU) No  167/2013 of the 
European Parliament and of the Council of 
5 February 2013 on the approval and market 
surveillance of agricultural and forestry vehicles 
(OL L  60, 2.3.2013, p.  1). 
(**) Directive 2006/42/EC of the European 
Parliament and of the Council of 17  May 2006 
on machinery, and amending Directive 
95/16/EC  (OJ L  157, 9.6.2006, p.  24). 
(***) Regulation  (EC) No 216/2008 of the 
European Parliament and of the Council of 20 
February 2008 on common rules in the field of 
civil aviation and establishing a European 
Aviation Safety Agency, and repealing Council 
Directive 91/670/EEC, Regulation (EC) No 
1592/2002 and Directive 2004/36/EC ( OJ L  079 
19.3.2008, p.  1).