EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2022) XXX  draft  
 
COMMISSION REGULATION (EU) …/…  
of XXX  
amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council 
as regards carcinogenic, mutagenic or reproductive toxicant substances subject to 
restrictions  
(Text with EEA relevance)  
This draft has not been adopted or endorsed by the European Commission. Any 
views expressed are the preliminary views of the Commission services and may not 
in any circumstances be regarded as stating an official position of the Commission.    
EN 1  EN COMMISSION REGULATION (EU) …/…  
of XXX  
amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council 
as regards carcinogenic, mutagenic or reproductive toxicant substances subject to 
restrictions  
(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 Registration, Evaluation, Authorisation and 
Restriction of Chemicals (REACH), 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 
68(2)  thereof,  
Wher eas: 
(1) Entries 28, 29 and 30 of Annex XVII to Regulation (EC) No 1907/2006 prohibit the 
placing on the market  and use, for supply to  the general public,  of substances that are 
classified as carcinogenic, mutagenic or reproductive toxicant (CMR), categories 1 A 
or 1B , and listed in Appendices 1 to 6 to that Annex  and of mixtures containing such 
substances above  specified concentration s. 
(2) Substances classified as CMR are listed in Part 3 of Annex VI to Regulation (EC) No 
1272/2008 of the European Parliament and of the Council2. 
(3) Appendices 2 and  6 to Annex XVII to Regulation (EC) No 1907/2006 should be 
amended in order to  reflect the new classification of substances as CMR in Regulation 
(EC) No 1272/2008 as amended by Commission Delegated Regulation (EU)  
2022/6923. It is therefore appropriate to insert the newly classified CMR substances of 
categories 1A and 1B in Appendices 2 and 6 to Annex XVII to Regulation (EC) No 
1907/2006 . 
(4) The new classification of substances in Regulation (EC) No 1272/2008 will apply 
from  1 December  2023 . The restriction introduced by this Regulation as regards  the 
substances classified by Regulation (EU) 2022/692 as CMR category 1A or 1B should 
                                                 
1 OJ L 396, 30.12.2006, p. 1 . 
2 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on 
classification, labelling and packa ging of substances and mixtures , amending and repealing Directives 
67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006  (OJ L 353, 31.12.2008, p.  
1). 
3 Commission Delegated Regulation (EU) 2022/ 692 of 16 February 2022 amending, for the purp oses 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 (OJ 
L 129, 3.5.2022, p. 1).  
EN 2  EN therefore apply from the same date . The date of application does not prevent operators 
from  apply ing the restrictions related to the CMR substances of category 1A or 1B 
listed in the Annex to  Delegated Regulation (EU) 2022/692  earlier.  
(5) A number of group entries are included in Part 3 of Annex VI to Regulation (EC) No 
1272/2008.  In some cases, there ar e classification requirements for specific substances 
that would be covered by the group entry. In such cases a specific entry is included in 
Part 3 of Annex VI to Regulation (EC) No 1272/2008 for the substance and the group 
entry in that Regulation is the n annotated  with the phrase ‘except those specified 
elsewhere in this Annex’. The incorporation of those substances in Appendices 1 to 6 
of Annex XVII to Regulation (EC) No 1907/2006 thus needs to reflect that annotation 
referring to Annex VI to Regulation  (EC) No 1272/2008.  However , the text in the 
entries with i ndex numbers 033-005-00-1, 050 -008-00-3, 082 -001-00-6, 609-026-00-2 
and 650 -017-00-8 seems to refer to an Annex to Regulation (EC) No 1907/2006 
instead of Annex VI to Regulation (EC) No 1272/2008 . Those entries should therefore  
be adapted accordingly . 
(6) Regulation (EC) No 1907/2006 should therefore be amended accordingly.  
(7) The measures provided for in this Regulation are in acc ordance with the opinion of the 
Committee  established by Article 133 (1) 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 twentieth  day following that of its publication in 
the Official Journal of the European Union . 
Points (2) and (5 ) of the Annex  shall apply from 1 December  2023 . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula von der Leyen