EN    EN EN EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels,  
COM(2009) XXX final 
  
Draft 
COMMISSION REGULATION (EC) No …/.. 
of  
amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council 
on the Registration, Evaluation, Authorisat ion and Restriction of Chemicals (REACH) 
as regards Annex XVII (dichloromethane, la mp oils and grill lighter fluids and 
organostannic compounds) EN 2   EN Draft 
COMMISSION REGULATION (EC) No …/.. 
of  
amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council 
on the Registration, Evaluation, Authorisat ion and Restriction of Chemicals (REACH) 
as regards Annex XVII (dichloromethane, la mp oils and grill lighter fluids and 
organostannic compounds) 
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty esta blishing the European Community, 
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/EC1, and in particular Article 
131 thereof, 
Whereas: (1) Council Directive 76/769/EEC of 27 July 1976 on the ap proximation of the laws, 
regulations and administrative pr ovisions of the Member States relating to restrictions 
on the marketing and use of certain da ngerous substances and preparations
2 
established in its Annex I restrictions for certain dangerous substances and preparations. Regulation (EC) No 1907/ 2006 repealed and replaced Directive 
76/769/EEC with effect from 1 June 2009. A nnex XVII to that Regulation replaces 
Annex I to Directive 76/769/EEC. 
(2) Decision 455/2009/EC of the European Parliament a nd of the Council amending 
Council Directive 76/769/EEC as regards re strictions on the marketing and use of 
dichloromethane
3 was adopted on 6 May 2009. 
(3) Commission Decision 2009/424/ EC amending, for the purpose of adapting to 
technical progress, Annex I to Council Dire ctive 76/769/EEC as regards restrictions on 
the marketing and use of lamp oils and grill lighter fluids4 was adopted on 28 May 
2009. 
                                                 
1 OJ L 396, 30.12.2006, p. 1. 
2 OJ L 262, 27.9.1976, p. 201. 
3 OJ L 137, 3.6.2009, p. 3. 
4 OJ L 138, 4.6.2009, p. 8. EN 3   EN (4) Commission Decision 2009/ 425/EC amending Council Directive 76/769/EEC as 
regards restrictions on the marketing and use of organostannic compounds for the purpose of adapting its Anne x I to technical progress
5 was adopted on 28 May 2009. 
(5) Following the provisions on transitional meas ures in Article 137 of REACH, it is 
appropriate to amend Annex XVII to Re gulation (EC) No 1907/2006 in order to 
incorporate the restrictio ns provided for by Decisions  455/2009/EC, 2009/424/EC and 
2009/425/EC. 
(6) Regulation (EC) No 1907/2006 should therefore be amended accordingly. 
(7) This Regulation should enter into force as a matter of urgency so th at these restrictions 
are included in the Annex XVII to Regulation (EC) No 1907/2006 as soon as possible. 
(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 amended in accordance with the Annex to 
this Regulation. 
Article 2 
This Regulation shall enter into force on the 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 
   Member of the Commission 
                                                
 
5 OJ L 138, 4.6.2009, p. 11. EN 4   EN ANNEX  
In Annex XVII to Regulation (EC) No 1907/2006, th e table setting out the designation of the 
substances, groups of substances and mixtures an d the conditions of restriction is amended as 
follows: 
(1) Entry 3 is replaced by the following: 
‘3. Liquid substances or 
mixtures, which are regarded as dangerous 
according to the 
definitions in Directive 67/548/EEC and Directive 1999/45/EC. 1. Shall not be used in: 
– ornamental articles intended to produce light or colour effects by 
means of different phases, for example in ornamental lamps and 
ashtrays, 
– tricks and jokes, 
– games for one or more participants , or any article intended to be 
used as such, even with ornamental aspects. 
2. Articles not complying with paragraph 1 shall not be placed on the 
market. 
3. Shall not be placed on the market if they contain a colouring agent, 
unless required for fiscal reasons, or perfume, or both, if they: 
– can be used as fuel in decora tive oil lamps for supply to the 
general public, and, 
– present an aspiration hazard and are labelled with R65 or H304. 
4. Decorative oil lamps for supply to the general public shall not be 
placed on the market unless they conform to the European Standard on Decorative oil lamps (EN 14059) adopted by the European Committee for Standardisation (CEN). 
5. Without prejudice to the implementation of other Community 
provisions relating to the classification, packaging and labelling of 
dangerous substances and mixtures, s uppliers shall ensure, before the 
placing on the market, that the following requirements are met: 
(a) lamp oils, labelled with R65 or  H304, intended for supply to the 
general public are visibly, legibly and indelibly marked as 
follows: “Keep lamps filled with this liquid out of the reach of 
children”; and, by 1 December 2010,  “Just a sip of lamp oil — or 
even sucking the wick of lamps — may lead to life-threatening 
lung damage”; 
(b) grill lighter fluids, labelled with R65 or H304, intended for 
supply to the general public are legibly and indelibly marked by 
1 December 2010 as follows: “Just a sip of grill lighter may lead 
to life threatening lung damage”; 
(c) lamp oils and grill lighters, la belled with R65 or H304, intended 
for supply to the general public are packaged in black opaque EN 5   EN containers not exceeding 1 litre by 1 December 2010. 
6. No later than 1 June 2014, the Commission shall request the 
European Chemicals Agency to pr epare a dossier, in accordance with 
Article 69 of the present Regulation with a view to ban, if 
appropriate, grill lighter fluids and fu el for decorative lamps, labelled 
R65 or H304, intended for supply to the general public. 
7. Natural or legal persons placing on the market for the first time 
lamp oils and grill lighter fluids, la belled with R65 or H304, shall by 
1 December 2011, and annually thereafter, provide data on 
alternatives to lamp oils and grill lighter fluids labelled R65 or H304 
to the competent authority in the Member State concerned. Member 
States shall make those data available to the Commission.’ 
(2)  In Entry 20, the following paragraphs 4, 5 and 6 are added to the second column:  
 ‘4. Tri-substituted organostannic compounds: 
(a) Tri-substituted organostannic compounds such as tributyltin 
(TBT) compounds and triphenyltin (TPT) compounds shall not be used after 1 July 2010 in articles where the concentration in the article, or part thereof, is greater than the equivalent of 0,1 % by weight of tin. 
(b) Articles not complying with point(a) shall not be placed on the 
market after 1 July 2010, except fo r articles that were already in 
use in the Community before that date. 
5. Dibutyltin (DBT) compounds: (a) Dibutyltin (DBT) compounds shall not be used after 1 January 
2012 in mixtures and articles for supply to the general public 
where the concentration in the mi xture or the article, or part 
thereof, is greater than the equivalent of 0,1 % by weight of tin. 
(b) Articles and mixtures not complying with point (a) shall not be 
placed on the market after 1 January 2012, except for articles that 
were already in use in the Community before that date. 
(c) By way of derogation, points (a) and (b) shall not apply until 1 
January 2015 to the following articles and mixtures for supply to the general public:  
– one-component and two-component room 
temperature vulcanisation sealants (RTV-1 and RTV-2 sealants) and adhesives,  
– paints and coatings containing DBT compounds as 
catalysts when applied on articles,  
– soft polyvinyl chloride (PVC) profiles whether by 
themselves or coextruded with hard PVC,  
– fabrics coated with PVC containing DBT EN 6   EN compounds as stabilisers when intended for 
outdoor applications,  
– outdoor rainwater pipes, gutte rs and fittings, as well 
as covering material for roofing and façades. 
(d) By way of derogation, points (a) and (b) shall not apply to 
materials and articles regulated under Regulation (EC) No 1935/2004. 
6. Dioctyltin (DOT) compound: 
(a) Dioctyltin (DOT) compounds shall not be used after 1 January 
2012 in the following articles for supply to, or use by, the general public, where the concentration in the article, or part thereof, is greater than the equivalent of 0,1 % by weight of tin: 
 – textile articles intended to  come into contact with the 
skin, 
 – gloves,  – footwear or part of foot wear intended to come into 
contact with the skin, 
 – wall and floor coverings,  – childcare articles,  – female hygiene products,  – nappies,  – two-component room temperature vulcanisation 
moulding kits (RTV-2 moulding kits). 
(b) Articles not complying with point (a) shall not be placed on 
the market after 1 January 2012, except for articles that were already in use in the Community  before that date.’ 
(3) The following entry 59 is added:  
‘59. Dichloromethane 
CAS No 75-09-2 
EC No: 200-838-9 1. Paint strippers containing dich loromethane in a concentration 
equal to or greater than 0,1 % by weight shall not be: 
(a) placed on the market for the first time for supply to the general 
public or to professionals after 6 December 2010; 
(b) placed on the market for supply to the general public or to 
professionals after 6 December 2011; 
(c) used by professionals after 6 June 2012. For the purposes of this entry: 
 (i) “professional” means any natural or legal person, including 
workers and self-employed workers undertaking paint 
stripping in the course of their professional activity outside 
an industrial installation; 
 (ii) “industrial installation” means a facility used for paint 
stripping activities. 
2. By way of derogation from para graph 1, Member States may allow EN 7   EN on their territories and for certain activities the use, by specifically 
trained professionals, of paint strippers containing dichloromethane and may allow the placing on the market of such paint strippers for 
supply to those professionals. 
Member States making use of this de rogation shall define appropriate 
provisions for the protection of the health and safety of those professionals using paint strippers containing dichloromethane and shall inform the Commission thereof. 
Those provisions shall include a requirement that a professional shall 
hold a certificate that is accepted by the Member State in which that 
professional operates, or provide ot her documentary evidence to that 
effect, or be otherwise approved by that Member State, so as to demonstrate proper training and competence to safely use paint strippers containing dichloromethane. 
The Commission shall prepare a list of the Member States which 
have made use of the derogation in this paragraph and make it 
publicly available over the Internet. 
3. A professional benefiting from the derogation referred to in 
paragraph 2 shall operate only in Member States which have made 
use of that derogation. The training referred to in paragraph 2 shall 
cover as a minimum: 
(a) awareness, evaluation and management of risks to health, 
including information on existing substitutes or processes, which under their conditions of use are less hazardous to the health and safety of workers; 
(b) use of adequate ventilation; 
(c) use of appropriate personal protective equipment that complies 
with Directive 89/686/EEC. 
Employers and self-employed workers shall preferably replace 
dichloromethane with a chemical agent or process which, under its 
conditions of use, presents no risk, or  a lower risk, to the health and 
safety of workers. 
Professional shall apply all relevant safety measures in practice, 
including the use of personal protective equipment. 
4. Without prejudice to other Community legislation on workers 
protection, paint strippers containing dichloromethane in 
concentrations equal to or greater than 0,1 % by weight may be used 
in industrial installations only if the following minimum conditions are met: 
(a) effective ventilation in all processing areas, in particular for the 
wet processing and the drying of stripped articles: local exhaust 
ventilation at strip tanks supplemented by forced ventilation in 
those areas, so as to minimise exposure and to ensure compliance, where technically feasible, with relevant EN 8   EN occupational exposure limits; 
(b) measures to minimise evapora tion from strip tanks comprising: 
lids for covering strip tanks except during loading and unloading; 
suitable loading and unloading a rrangements for strip tanks; and 
wash tanks with water or brine to remove excess solvent after 
unloading; 
(c) measures for the safe handling of dichloromethane in strip tanks 
comprising: pumps and pipework for transferring paint stripper to and from strip tanks; and suitable arrangements for safe 
cleaning of tanks and removal of sludge; 
(d) personal protective equipment that complies with Directive 
89/686/EEC comprising: suitable protective gloves, safety goggles and protective clothing; and appropriate respiratory protective equipment where compliance with relevant 
occupational exposure limits ca nnot be otherwise achieved; 
(e) adequate information, instruc tion and training for operators in 
the use of such equipment. 
5. Without prejudice to other Community provisions concerning the 
classification, labelling and packagi ng of substances and mixtures, 
by 6 December 2011 paint strippers containing dichloromethane in a 
concentration equal to or greater than 0,1 % by weight shall be visibly, legibly and indelibly marked as follows: 
“Restricted to industrial use and to professionals approved in certain 
EU Member States – verify where use is allowed.”’