EN    EN  
 EUROPEAN COMMISSION 
Brussels, XXX   
[…](2012) XXX  draft 
  
COMMISSION REGULATION (EU) No …/.. 
of XXX  
amending Annex XVII to Regu lation (EC) No 1907/2006 of the European Parliament 
and of the Council on the Registration, E valuation, Authorisatio n and Restriction of 
Chemicals (REACH)  
 
(Text with EEA relevance) 
  
EN 2   EN 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) 
(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 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/EC
1, and in particular Article 
131 thereof,  
Whereas:  (1) Annex XVII to Regulation (EC) No 1907/ 2006 has taken over the restrictions 
previously laid down in Council Dir ective 76/769/EEC of 27 July 1976 on the 
approximation of the laws, regulations and administrative provisions of the Member 
States relating to restrictions on the marke ting and use of certain dangerous substances 
and preparations
2. In entry 6, paragraph 1, of Annex XVII to that Regu lation, the term 
“product”, used in the original restricti on on asbestos in Directive 76/769/EEC, was 
replaced by “article” which doe s not cover mixtures. In orde r for entry 6, paragraph 1, 
to cover the same items as that Directiv e, the term ‘mixtures’ should be added.  
(2) The derogations in entries 16 and 17 of Annex XVII to Regulation (EC) No 1907/2006 
as regards the use of lead carbonates and l ead sulphates in paints for the restoration 
and maintenance of works of art and historic  buildings and their interiors should apply 
not only to the use but also to the placing on the market in order to allow those paints 
to be available for restoration and maintenance works as well.  
(3) The restriction in entries 28, 29 and 30 of Annex XVII to Regulation (EC) No 
1907/2006  makes reference to a specific conc entration limit laid down in Regulation 
(EC) No 1272/2008 of the European Parlia ment and of the Council of 16 December 
                                                 
1 OJ L 396, 30.12.2006, p. 1. 
2 OJ L 262, 27.9.1976, p. 201.  
EN 3   EN 2008 on classification, labelling and packaging of substances  and mixtures, amending 
and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) 
No 1907/20063 and to a concentration limit specifi ed in Directive 1999/45/EC of the 
European Parliament and of the Council of 31 May 1999 concerning the 
approximation of the laws, regulations and administrative provisions of the Member 
States relating to the classi fication, packaging and labelli ng of dangerous preparations4 
that are applied in order to determine whet her a substance or mixture is covered by 
that restriction. It should be clarified that the co ncentration limit spec ified in Directive 
1999/45/EC applies only where a specific concen tration limit is not se t out in Part 3 of 
Annex VI to Regulation (EC) No 1272/2008.  
(4) Commission Regulation (EU)  No 519/2012 of 19 June 2012 amending Regulation 
(EC) No 850/2004 of the European Parlia ment and of the Council on persistent 
organic pollutants as regards Annex I5 added short-chain chlorinated paraffins 
(hereinafter "SCCPs") to Annex I to Re gulation (EC) No 850/2004 of the European 
Parliament and of the Council of 29 April 2004 on persistent organic pollutants and 
amending Directive 79/117/EEC6. Production, placing on the market and use of 
SCCPs is therefore prohibited, subject to certain specific exemptions. Entry 42 in 
Annex XVII to Regulation (EC) No 1907/200 6, which restricts two uses of SCCPs 
that are now banned under Regulation (EC)  No 850/2004 has become superfluous and 
should therefore be deleted. 
(5) A harmonised testing method adopted by the European Committee for Standardization 
for determining the water soluble chromium VI content of cement in accordance with Directive 2003/53/EC of the Eu ropean Parliament and of the Council of 18 June 2003 
amending for the 26th time Council Directiv e 76/769/EEC relating to  restrictions on 
the marketing and use of certain dangerous  substances and prep arations (nonylphenol, 
nonylphenol ethoxylate and cement)
7 should be used. For the purpose of clarity, entry 
47 of Annex XVII to Regulation (EC) No 1907/2006 should contain a reference to that 
testing method 
(6) The substance methylenediphenyl diisocyana te (MDI) in entry 56 of Annex XVII to 
Regulation (EC) No 1907/2006, identifie d by CAS number 26447-40-5 and EC 
number 247-714-0 , encompasses all isomeric mixtures and all specific isomers.  
However, certain specific isomers have sp ecific CAS or EC numbers. In order to 
clarify which  isomers are covered, thr ee specific CAS and EC numbers should be 
added 
(7) Commission Regulation (EC)  No 552/2009 of 22 June 2009 amending Regulation 
(EC) No 1907/2006 of the European Pa rliament and of the Council on the 
Registration, Evaluation, Authorisation a nd Restriction of Chemicals (REACH) as 
regards Annex XVII8 deleted notes E, H and S from the foreword to Appendices 1to 6 
to Annex XVII to Regulation (EC) No 1907/ 2006, as well as from the appendices 1, 2, 
                                                 
3 OJ L 353, 31.12.2008, p. 1. 
4 OJ L 200, 30.7.1999, p. 1. 
5 OJ L 159, 20.6.2012, p. 1. 
6 OJ L 158, 30.4.2004, p. 7. 
7 OJ L 178, 17.7.2003, p. 24 
8 OJ L 164, 26.6.2009, p. 7  
EN 4   EN 3, 5 and 6. For reasons of coherence, the no tes E, H and S should be deleted also from 
Appendix 4. 
(8) The entry on diisopentylphthalate in A ppendix 6 to Annex XVII to Regulation (EC) 
No 1907/2006 indicates incorrect EC and CA S numbers, which should be corrected.   
(9) New standards concerning the testing met hods for azocolourants and azodyes have 
been adopted by the European Committee for St andardisation. It is therefore necessary 
to update Appendix 10 to Annex XVII to  Regulation (EC) No 1907/2006 to take 
account of those standards.  
(10) Regulation (EC) No 1907/2006 should therefore be amended accordingly. 
(11) The measures provided for in this Regula tion are in accordance with the opinion of 
the committee established by Article  133 of Regulati on (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 . 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels,  
 For the Commission 
 The President    
EN 5   EN ANNEX  
Annex XVII to Regulation (EC) No 1907/2006 is amended as follows: 
(1) In entry 6, column 2, paragraph 1, the first subparagraph is replaced by the 
following: 
 "The manufacture, placing on the market a nd use of these fibres and of articles and 
mixtures containing these fibres ad ded intentionally is prohibited."  
(2) In entry 16, column 2, the second pa ragraph is replaced by the following: 
 "2. However, Member States may, in accordan ce with the provisi ons of International 
Labour Organisation (ILO) Conve ntion 13 on the use of white  lead and sulphates of 
lead in paint, permit the use on their territory of the substance or mixture for the restoration and maintenance of works of art and historic bu ildings and thei r interiors, 
as well as the placing on the market for su ch use. Where a Member State makes use 
of this derogation, it shall inform the Commission thereof." 
(3) In entry 17, column 2, the second pa ragraph is replaced by the following: 
 "2. However, Member States may, in accordan ce with the provisi ons of International 
Labour Organisation (ILO) Conve ntion 13 on the use of white  lead and sulphates of 
lead in paint, permit the use on their territory of the substance or mixture for the 
restoration and maintenance of works of art and historic bu ildings and thei r interiors, 
as well as the placing on the market for su ch use. Where a Member State makes use 
of this derogation, it shall inform the Commission thereof"  
(4) In entries 28, 29 and 30, column 2, para graph 1, the fifth i ndent of the first 
subparagraph is replaced by the following:  
 "— the relevant concentr ation specified in Directiv e 1999/45/EC where no specific 
concentration limit is set out in Part 3 of Annex VI to Regulation (EC) No 
1272/2008" . 
(5) In entry 40, column 1, the words “to that  Regulation” are repl aced by “to Regulation 
(EC) No 1272/2008”. 
(6) Entry 42 is deleted.  (7) In entry 47, column 2, the fo llowing paragraph 4 is added: 
 "4. The standard adopted by the European Committee for Standardisation (CEN) for 
the testing of water-soluble chromium (VI) content of cement shall be used as test 
method for demonstrating conf ormity with paragraph 1." 
(8) In entry 56, column 1 is replaced by the following: 
" Methylenediphenyl diisocyanate (MDI)   CAS No 26447-40-5  
EN 6   EN  EC No 247-714-0  
 including the following specific isomers: (a) 4,4’-Methylenediphenyl diisocyanate: 
 CAS No 101-68-8  EC No 202-966-0  
(b) 2,4’-Methylenediphenyl diisocyanate:  
 CAS No 5873-54-1  EC No 227-534-9 
(c) 2,2’-Methylenediphenyl diisocyanate: 
 CAS No 2536-05-2  EC No 219-799-4". 
(9) In Appendix 4, in the column headed "Not es", references to notes E, H and S are 
deleted.  
(10) In Appendix 6, the row for the entr y concerning 1,2-benzenedicarboxylic acid, 
dipentylester, branched and linear n-pentyl-isopentylphthal ate, di-n-pentyl phthalate, 
diisopentylphthalate is replaced by the following:  
 
Substances Index No  EC No CAS No 
1,2-benzenedicarboxylic 
acid, dipentylester, branched and linear [1]  
n-pentyl-
isopentylphthalate [2]  
di-n-pentyl phthalate [3]  Diisopentylphthalate [4]    
607-426-00-1  
284-032-2 [1]-[2] 205-017-9 [3] 
210-088-4 [4]   
84777-06-0 [1]-[2]  131-18-0 [3]  605-50-5 [4] 
 
(11) Appendix 10 is replaced by the following: 
"Appendix 10 
Entry 43 — Azocolourants — List of testing methods  
List of testing methods  
EN 7   EN European 
standardisation 
organisation 
 Reference and title of the harmonised standard
 
 
 Reference of the 
superseded standard 
CEN EN ISO 17234-1:2010 
Leather - Chemical tests for the determination of 
certain azocolourants in dyed leathers - Part 1: Determination of certain aromatic amines derived from azocolourants  
 CEN ISO/TS 17234:2003 
CEN EN ISO 17234-2:2011 
Leather - Chemical tests for the determination of 
certain azocolourants in dyed leathers - Part 2: 
Determination of 4-aminoazobenzene  
 
CEN ISO/TS 17234:2003 
CEN EN 14362-1:2012 
Textiles - Methods for determination of certain 
aromatic amines derived from azocolourants - Part 1:Detection of the use of certain azocolorants accessible with and without extracting the fibres   
 EN 14362-1:2003 EN 14362-2:2003"