EN    EN EN  
EN    EN  EUROPEAN COMMISSION 
Brussels, xxx 
C(20...) yyy final 
DRAFT – 1 June 2010 
  
Draft 
COMMISSION REGULATION (EU) 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 (Cadmium)   
EN 2   EN Draft 
COMMISSION REGULATION (EU) 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 (Cadmium) 
(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) By its Resolution of 25 January 1988 on a Community action programme2 the Council 
invited the Commission to combat environmental pollution by cadmium. 
(2) In the table set out in Annex XVII to  Regulation (EC) No 1907/2006, entry 23 
contains restrictions on the use and marketi ng of cadmium in mixtures and articles.  
(3) Cadmium and cadmium oxide are classified  as carcinogen category 1B and aquatic 
acute and chronic t oxicity category 1. 
(4) Since 31 December 1992, cadmium has been prohibited under Council Directive 
76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member St ates relating to restrictions on the 
marketing and use of certain dangerous substances and preparations
3 as a colouring 
agent in a number of polymer s and paints, as a stabiliser  in polyvinyl chloride (PVC) 
in a number of applications, and cadmium plating is prohibited in a number of 
                                                 
1 OJ L 396, 30.12.2006, p. 1. 
2 OJ C 30, 4.2.1988 p. 1. 
3 OJ L 262, 27.9.1976, p. 201.  
EN 3   EN applications. Council Directive 76/769/EEC4 was repealed and replaced by Regulation 
(EC) No 1907/2006 with effect from 1 June 2009. 
(5) In 2007 the European risk assessment on cadmium5 under Council Regulation (EEC) 
No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing 
substances6 was completed. On 14 June 2008 the Commission published a 
Communication on the results of  the risk evaluation and th e risk reduction strategies 
for cadmium and cadmium oxide7 which recommended a marketing and use restriction 
for cadmium in brazing sticks and jewellery. 
(6) The Communication outlined the need for speci fic measures to limit the risks from the 
use in cadmium-containing brazing sticks and from wearing ca dmium-containing 
jewellery. Professionals and hobbyists are exposed  to fumes in the pr ocess of brazing. 
Consumers including children are exposed to cadmium in jewellery through skin 
contact or licking .  
(7) The Commission has commissione d a study on Socio-Economic Impact of a Potential 
Update of the Restrictions on the Market ing and Use of Cadmium in jewelleries, 
brazing alloys and PVC. The results of  the study were published in January 20108. 
(8) Since 2001 the European PVC industry has taken the initiative on a voluntary basis to 
refrain from using cadmium as a stabil iser in newly produced PVC for those 
applications which were not yet regulate d under Directive 76/ 769/EEC. This voluntary 
initiative eventually led to a phase out of the use of cadmium in PVC. 
(9) The prohibition of the use of cadmium should be extended to all articles made from 
PVC in order to comply with the obj ective of combating cadmium pollution.  
(10) The use of recovered PVC should be enco uraged in the manufacture of certain 
construction products because it allows th e reuse of old PVC, which may contain 
cadmium. Consequently a higher limit value for cadmium should be granted for these 
construction products. This avoids PVC bei ng discarded in landfills or incinerated 
causing release of carbon dioxide and cadmium in the environment.   
(11) This Regulation should apply six months afte r the entry into force to allow operators 
to ensure compliance with the provisions of this Regulation. 
(12) It is foreseen that due to the prohibiti on of cadmium in new PVC, the content of 
cadmium in construction products manufactur ed from recovered PVC should diminish 
gradually. Therefore, the limit value for cad mium should be reviewed accordingly and 
the European Chemicals Agency (ECHA)  should be involved in reviewing the 
restriction as provided for in Arti cle 69 of Regulation (EC) No 1907/2006. 
(13) In accordance with the provisions on transi tional measures in Article 137(1)a of 
REACH it is necessary to amend Anne x XVII to Regulati on (EC) No 1907/2006. 
                                                 
4 OJ L 262, 27.9.1976, p. 201. 
5 http://ecb.jrc.ec.europa.eu/documents/Existing-
chemicals/RISK_ASSESSMENT/RE PORT/cdmetalreport303.pdf  
6  OJ L 84, 5.4.1993, p. 1. 
7  OJ C 149, 14.6.2008, p. 6.  
8 http://ec.europa.eu/enterprise/sectors/chem icals/files/markrest r/study-cadmium_en.pdf   
EN 4   EN (14) 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 twentieth day following that of its publication in 
the Official Journal of  the European Union . 
It shall apply from [6 months after the entry into force].  
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  
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. In the second column of entry 23, paragraphs  1 to 4 are replaced by the following:  
 "1. Shall not be used in mixtures and articles 
produced from the following substances and 
mixtures: 
 – polymers or copolymers of vinyl chloride 
[3904 10] [3904 21] (PVC) 
 – polyurethane (PUR) [3909 50]  – low-density polyethylene (ld PE), with the 
exception of low-density polyethylene used 
for the production of coloured masterbatch [3901 10] 
 – cellulose acetate (CA) [3912 11]  – cellulose acetate butyrate (CAB) [3912 11]  – epoxy resins [3907 30] 
 – melamine – formaldehyde (MF) resins 
[3909 20] 
 – urea – formaldehyde (UF) resins [3909 10] 
unsaturated polyesters (UP) [3907 91] 
 – polyethylene terephthalate (PET) [3907 60] 
 – polybutylene terephthalate (PBT) 
 – transparent/general-purpose polystyrene 
[3903 11] 
 – acrylonitrile methylmethacrylate (AMMA)  – cross-linked polyethylene (VPE) 
 – high-impact polystyrene 
 – polypropylene (PP) [3902 10] 
Mixtures and articles produced from the substances 
and mixtures listed above containing cadmium shall not be placed on the market if the concentration in cadmium (expressed as Cd metal) is greater than 
0,01 % by weight of the plastic material. 
By way of derogation, the first and second 
subparagraphs shall not apply to: 
– mixtures manufactured from waste containing 
PVC, hereinafter referred to as “recovered PVC”, 
– articles placed on the market in the European 
Union for the first time before [ 6 months after 
the  entry into force]. 
The first and second subparagraphs apply without 
prejudice to Council Directive 94/62/EC(*) and acts adopted on its basis. 
2. Shall not be used in paints [3208] [3209].  
EN 6   EN However, if the paints have a high zinc content, 
their residual concentration of cadmium shall be as 
low as possible and shall in any event be less than 
0,1 % by weight. 
Painted articles shall not be placed on the market if 
the concentration in cadmium (expressed as Cd metal) is greater than 0,1% by weight of the paint on the painted article. 
3. By way of derogation, paragraphs 1 and 2 shall 
not apply to articles coloured with mixtures containing cadmium for safety reasons. 
4. By way of derogation, paragraph 1 shall not apply 
to the following mixtures and articles containing 
recovered  PVC if their concentration in cadmium 
(expressed as Cd metal) does not exceed 0,1 % by 
weight of the plastic material: 
a) Profiles and rigid sheets for building applications, 
b) Doors, windows, shutters, walls, blinds, fences, 
and roof gutters, 
c) Decks and terraces, 
d) Cable ducts, 
e) Pipes for non-drinking water if the recovered 
PVC is used in the inner layer of a multilayer pipe 
and is entirely covered with a layer of newly 
produced PVC in compliance with paragraph 1 above.  
Suppliers shall ensure, before the placing on the 
market of mixtures and articles containing 
recovered PVC for the first time, that these are 
visibly, legibly and indelibly marked as follows: 
“Contains recovered  PVC ” or with the following 
pictogram:  
 
In accordance with Article 69 of this Regulation, the 
derogation granted in para graph 4 will be reviewed 
in particular with a view to reducing the limit value for cadmium by 31 December 2020. 
 (*) OJ L 365, 31.12.1994, p. 10."
 
  
2. In the second column of entry 23, paragr aphs 8, 9 and 10 are added as follows:   
EN 7   EN  "8. Shall not be used in brazing fillers in 
concentration greater than 0,01 % by weight. 
Brazing fillers containing cadmium in 
concentration greater than 0,01 % by weight shall not be placed on the market.  
For the purpose of this paragraph brazing shall 
mean a joining technique using alloys and undertaken at temperatures above 450° C. 
9. By derogation, paragraph 8 shall not apply to 
brazing fillers used in defence and aerospace applications and to brazing fillers used for safety reasons. 
10. Shall not be used or placed on the market in 
concentration greater than 0,01 % by weight of the 
metal, in beads and other accessories for jewellery making, in jewellery and costume jewellery articles including:  
- Piercing jewellery, 
- Wrist-watches and wrist-wear,  
- Hair accessories, - Brooches and cufflinks."