. /.   WORLD TRADE  
ORGANIZATION  G/TBT/N/EEC/297 
28 September 2009  
 (09-4563) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Member to Agreement notifying:  EUROPEAN COMMUNITIES
  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):     
2. Agency responsible:  European Commission 
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above :   
European Commission, 
EC-TBT Enquiry Point, Fax:  +(32) 2 299 80 43, E-mail:  ec-tbt@ec.europa.eu
 
Website: http://ec.europa.eu/enterprise/tbt/   
3. Notified under Article 2.9.2 [ X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:   
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Chemical substances and 
mixtures containing them classi fied as carcinogenic, mutage nic and toxic for reproduction 
categories 1A and 1B wh ich are sold to the general public.        
5. Title, number of pages and language(s) of the notified document:  Draft Commission 
Regulation amending Regulation (EC) No 1907/2006 of the European Parliament and of the 
Council on the Registration, Evaluation, Auth orisation and Restriction of Chemicals 
(REACH) as regards Annex XVII (CMR substances) (62 pages, in English).  
6. Description of content:  This draft Commission Regulation amends Annex XVII of REACH, 
in its entries 28 to 30, which prohibits the sale to the general public of substances, or of mixtures containing them in concentration above specified concentration limits, that are classified as carcinogenic, mu tagenic or toxic for reproduction (CMR), categories 1A or 1B.  
These substances are the newly CMRs as cl assified in the Commission Regulation (EC) 
No 790/2009 of 10 August 2009 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 classificati on, labelling and packaging of substances and mixtures. These 
measures will become effective in December 2010.  G/TBT/N/EEC/297 
Page 2  
 
  7. Objective and rationale, including the na ture of urgent problems where applicable:  
Under Article 68 (2) of Regulation (EC) No  1907/2006, REACH, restrictions may be 
proposed regarding consumer use of CMR substances  categories 1A and 1B on their own, in a 
mixture or in an article when there is an una cceptable risk to human health.  In order to 
protect consumer health and to reduce the risk of the use of the CMR substances and mixtures 
containing them, it is necessary to prohibit th eir being placed on the market and their use.  
8. Relevant documents:    
Regulation (EC) No 1272/2008 of the European  Parliament and of the Council of 16 
December 2008 on classification, labelling a nd packaging of substances and mixtures, 
amending and repealing Directives 67/548/ EEC and 1999/45/EC, and amending Regulation 
(EC) No 1907/2006 
http://eur-lex.europa.e u/JOHtml.do?uri=OJ:L :2008:353:SOM:EN:HTML  
Regulation (EC) No 1907/2006 of the European  Parliament and of the Council of 18 
December 2006 concerning the Registration, Ev aluation, Authorisation and Restriction of 
Chemicals (REACH), establis hing 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 Dire ctive 76/769/EEC and Commission Directives 
91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC. 
http://eur-lex.europa.e u/JOHtml.do?uri=OJ:L :2006:396:SOM:EN:HTML  
Commission Regulation (EC) No 552/2009 of 22 June 2009 amending Regulation (EC) No 
1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, 
Authorization and Restrictions of Chemicals (REACH) as rega rds Annex XVII; entries from 
28 to 30. 
http://eur-lex.europa.e u/JOHtml.do?uri=OJ:L :2009:164:SOM:EN:HTML  
Commission Regulation (EC) No 790/2009 of 10 August 2009 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 classification, labelling and packaging of 
substances and mixtures 
http://eur-lex.europa.e u/JOHtml.do?uri=OJ:L :2009:235:SOM:EN:HTML  
9. Proposed date of adoption:   
Proposed date of entry into force:      April 2010 
  December 2010 
10. Final date for comments:  60 days from date of notification. 
11. Text available from: National enquiry point [  ], or addre ss, telephone and fax numbers, 
e-mail and web-site addresses, if available of the other body:    
European Commission 
EC-TBT Enquiry Point Fax:  + (32) 2 299 80 43 E-mail:  ec-tbt@ec.europa.eu
 
The text is available on the EC-TBT Website:  http://ec.europa.eu/enterprise/tbt/    
and can be downloaded at: 
http://members.wto.org/crnatt achments/2009/tbt/EEC/09_3368_00_e.pdf