Restrictions

From 1 June 2009, Annex XVII of the REACH Regulation replaced Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States, relating to restrictions on the marketing and use of certain dangerous substances and preparations.

Commission Regulation (EU) 276/2010 adopted on 31 March 2010 amended Annex XVII of REACH in order to include the last restrictions adopted in 2009 under Directive 76/769/EEC that is to say the modification of the restrictions concerning lamp oils and grill lighter fluids (entry 3) and organostannic compounds (entry 20) and the new restriction concerning dichloromethane (entry 59).

Commission Regulation (EU) No 207/2011 adopted on 2 March 2011 deleted Entry 44 concerning pentabromodiphenyl ether and Entry 53 concerning PFOS from Annex XVII as these substances are now regulated under Regulation (EC) No 2004/850 on Persistent organic pollutants as amended by Commission Regulation (EU) No 757/2010 of 24 August 2010.

Finally in the frame of the provisions on transitional measures concerning restrictions (Article 137 of REACH), two measures were adopted. The first is Commission Regulation (EU) No 366/2011 of 14 April 2011 which prohibits the placing on the market of acrylamide for grouting applications after 5 November 2012. The second one is Commission Regulation (EU) No 494/2011 of 20 May 2011 which prohibits cadmium in jewellery, brazing fillers and plastics as of December 10, 2011, with the related  Corrigendum OJ L 136/105 of  24 May 2011.

Commission Regulation (EU) No 109/2012 of 9 February 2012 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII (CMR substances) amended Annex XVII of REACH in order to include a number of newly classified CMR substances in Appendices 1 to 6 so that they are aligned to the entries concerning CMR substances in Regulation (EC) No 790/2009 amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures.

Commission Regulation (EU) No 412/2012 of 15 May 2012 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) in order to prohibit the use of dimethylfumarate (DMF) in articles or parts thereof, in concentrations greater than 0.1 mg/kg, as well as the placing on the market of articles or parts thereof containing DMF in concentrations greater than 0.1 mg/kg. It makes permanent an existing temporary prohibition adopted under Directive 2001/95/EC on general product safety.

Commission Regulation (EU) No 835/2012 of 18 September 2012 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII (Cadmium), in particular the use in a list of plastic materials.

Commission Regulation (EU) No 836/2012 of 18 September 2012 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards lead, prohibits the placing on the market and the use of lead in jewellery articles at a concentration level of 0.05% or above.

Commission Regulation (EU) No 847/2012 of 19 September 2012 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards mercury, extends the scope of entry 18a to mercury measuring devices used in industrial and professional applications.

Commission Regulation (EU) No 848/2012 of 19 September 2012 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards phenylmercury compounds,  prohibits  the manufacture, placing on the market and use of 5 phenylmercury compounds as well as placing on the market of articles containing any of those substances at a concentration level of 0.01% or more.

Commission Regulation (EU) No 126/2013 of 13 February 2013 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). This Regulation corrects several entries in the Annex XVII to REACH in terms of terminology and recent update of CEN methods.  

N.B 1 - There is currently one pending action before the General Court for annulment concerning a restriction in Annex XVII:
In case T-456/11 International Cadmium Association and others/Commission  the applicants seek the annulment of the Commission Regulation (EU) 494/2011 of 20 May 2011 (Cadmium) in so far as it restricts cadmium in plastic materials other than those plastic materials in which the use was restricted before the adoption of this Regulation.

With respect to Commission Regulation (EU) No 494/2011, it should be noted that Commission Regulation (EU) No 835/2012 amended the respective entry in Annex XVII (cadmium) as of 10 December 2011.