| Designation of the substance, of the groups of substances or of the preparation | Conditions of restriction |
|---|
1.- Polychlorinated biphenyls (PCB) except mono- and dichlorinated biphenyls
- Polychlorinated terphenyls (PCTs)
- Preparations, including waste oils, with a PCB or PCT content higher than 0,005 % by weight.
| May not be used. However, the following categories may be used under the following conditions:- 1.until 30 June 1986 at the latest: closed-system electrical equipment transformers, resistors and inductors;
- 2.until 30 June 1986 at the latest: large condensers (≥ 1 kg total weight);
- 3.until 30 June 1986 at the latest: small condensers (provided that the PCB has a maximum chlorine content of 43 % and does not contain more than 3,5 % of penta- and higher chlorinated biphenyls);
- 4.until 30 June 1986 at the latest: heat-transmitting fluids in closed-circuit heat-transfer installations:
- 5.until 30 June 1986 at the latest: hydraulic fluids for underground mining equipment;
- The use of equipment, plant and fluids referred to in points 1 to 5 above which are in service on 30 June 1986 shall continue to be authorized until they are disposed of or reach the end of their service life.
- Member States may, for reasons of protection of health and the environment, prohibit within their territory the use of such equipment, plant and fluids before they are disposed of or reach the end of their service life.
- The placing on the second-hand market of such equipment, plant and fluids which are not intended for disposal shall be prohibited from 30 June 1986 onwards.
- Where the Member States consider that it is not possible for technical reasons to use substitute products, they may continue to authorize the use of PCBs, PCTs and preparations thereof where the latter are solely intended, in the normal conditions of maintenance of equipment, to supplement the level of liquids containing PCBs in properly functioning existing plant purchased before the entry into force of this Directive.
- 6.until 30 June 1986 at the latest: primary and intermediate products for further processing into other products not prohibited by Directive 76/769/EEC and the Directives amending it; after 30 June 1986 Member States may, provided prior notification stating the reasons is sent to the Commission, grant derogations from the ban on the marketing and use of such primary and intermediate products, in so far as they consider that these derogations have no deleterious effects on health and the environment.
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| 2.Chloro-1-ethylene (monomer vinyl chloride) | May not be used as aerosol propellant for any use whatsoever. |
| 3.Liquid substances or preparations, which are regarded as dangerous according to the definitions in Article 2 (2) and the criteria in Annex VI, Part 2, 3 and 4, to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances, as adapted to technical progress by Commission Directives 93/21/EEC and 96/54/EC. | 1.May not be used in- ornamental objects, intended to produce light or colour effects my means of different phases, for example in ornamental lamps and ashtrays,
- tricks and jokes,
- games for one or more participants, or any object intended to be used as such, even with ornamental aspects.
2.Without prejudice to the above, substances and preparations which:- present an aspiration hazard and are labelled with R65, and
- can be used as fuel in decorative lamps, and
- are placed on the market in packaging of a capacity of 15 litres or less,
may not contain a colouring agent, unless required for fiscal reasons, or perfume or both.Without prejudice to the implementation of other Community provisions relating to the classification, packaging and labelling of dangerous substances and preparations, the packaging of substances and preparations covered by paragraph 2, where intended for use in lamps, must be marked legibly and indelibly as follows: "Keep lamps filled with this liquid out of the reach of children". |
| 4.Tris (2,3 dibromopropyl) phosphate CAS No (Chemical Abstract Service Number) 126-72-7 | May not be used in textile articles, such as garments, undergarments and linen, intended to come into contact with the skin. |
| 5.BenzeneCAS No (Chemical Abstract Service Number) 71-43-2 | Not permitted in toys or parts of toys as placed on the market where the concentration of benzene in the free state is in excess of 5 mg/kg of the weight of the toy or part of toy. |
| May not be used in concentrations equal to, or greater than, 0,1 % by mass in substances or preparations placed on the market.However, this provision shall not apply to:- (a)motor fuels which are covered by Directive 85/210/EEC;
- (b)substances and preparations for use in industrial processes not allowing for the emission of benzene in quantities in excess of those laid down in existing legislation;
- (c)waste covered by Directives 75/442/EEC and 78/319/EEC.
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| 6.Asbestos fibres | |
| 6.1.Crocidolite, CAS No 12001-28-4Amosite, CAS No 12172-73-5Anthophyllite asbestos, CAS No 77536-67-5Actinolite asbestos, CAS No 77536-66-4Tremolite asbestos, CAS No 77536-68-6 | 6.1.The placing on the market and use of these fibres and of products containing these fibres added intentionally shall be prohibited. |
| 6.2.Chrysotile, CAS No 12001-29-5 | 6.2.The placing on the market and use of this fibre and of products containing this fibre added intentionally shall be prohibited.However, Member States may except diaphragms for existing electrolysis installations until they reach the end of their service life, or until suitable asbestos-free substitutes become available, whichever is the sooner. The Commission will review this derogation before 1 January 2008.The use of products containing asbestos fibres referred to in points 6.1 and 6.2 which were already installed and/or in service before the implementation date of Directive 1999/77/EC by the Member State concerned shall continue to be authorised until they are disposed of or reach the end of their service life. However, Member States may, for reasons of protection of health, prohibit within their territory the use of such products before they are disposed of or reach the end of their service life.Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the placing on the market and use of these fibres and of products containing these fibres, as authorised according to the preceeding derogations, may be permitted only if the products bear a label in accordance with the provisions of Annex II to Directive 76/769/EEC. |
| 6.3.Asbestos fibres Chrysotile, CAS No 12001-29-5 Amosite, CAS No 12172-73-5 Anthophyllite, CAS No 77536-67-5 Actinolite, CAS No 77536-66-4 Tremolite, CAS No 77536-68-6 | 6.3.1.The placing on the market and the use of products containing these fibres shall be prohibited for:- (a)toys;
- (b)materials or preparations intended to be applied by spraying; Member States may, however, allow on their territories butiminous compounds containing asbestos intended to be applied by spraying as vehicle undersealing for anti-corrosion protection;
- (c)finished products which are retailed to the public in powder form;
- (d)items for smoking such as tobacco pipes and cigarette and cigar holders;
- (e)catalytic filters and insulation devices for incorporation in catalytic heaters using liquefied gas;
- (f)paints and varnishes.
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| 8.Tris-aziridinyl)-phosphinoxideCAS No 5455-55-1 | May not be used in textile articles, such as garments, undergarments and linen, intended to come into contact with the skin |
| 9.Polybromobiphenyls (PBB)CAS No 59536-65-1 |
| 10.Soap bark powder (Quillaja saponaria) and its derivatives containing saponinesPowder of the roots of Helleborus viridis and Helleborus nigerPowder of the roots of Veratrum album and Veratrum nigrumBenzidine and/or its derivativeso-nitrobenzaldehyde CAS No 552-89-6Wood powder | May not be used in jokes and hoaxes or in objects intended to be used as such, for instance as a constituent of sneezing powder and stink bombsHowever, Member States may tolerate on their territory stink bombs containing not more than 1,5 ml |
| 11.Ammonium sulphide and ammonium hydrogen sulphideCAS No 12135-76-1CAS No 12124-99-1Ammonium polysulphideCAS No 12259-92-6 |
12.Volatile esters of bromoacetic acids:- Methyl bromoacetateCAS No 96-32-2
- Ethyl bromoacetateCAS No 105-36-2
- Propyl bromoacetate
- Butyl bromoacetate
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| 13.2-naphthylamineCAS No 91-59-8 and its salts | May not be used in concentrations equal to or greater than 0,1 % by weight in substances and preparations placed on the market. |
| 14.BenzidineCAS No 92-87-5 and its salts | However, this provision shall not apply to waste containing one or more of these substances and covered by Directives 75/442/EEC and 78/319/EEC. |
| 15.4-nitrobiphenylCAS No 92-93-3 |
| 16.4-aminobiphenylCAS No 92-67-1 and its salts | Such substances and preparations may not be sold to the general public. Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such preparations shall be legible and indelibly marked as follows:- Restricted to professional users.
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17.Lead carbons:- neutral anhydrous carbonate PB CO3CAS No 598-63-0
- trilead-bis(carbonate)-dihydroxide 2 Pb CO3-Pb(OH)2CAS No 1319-46-6
| May not be used as substances and constituents of preparations intended for use as paints, except for the restoration and maintenance of works of art and historic buildings and their interiors, where Member States wish to authorize this on their territory, in accordance with the provisions of ILO Convention 13 on the use of white lead in paint. |
| 18.Lead sulphatesPbSO4 (1:1)CAS No 7446-14-2Pbx SO4CAS No 15739-80-7 | May not be used as substances and constituents of preparations intended for use as paints, except for the restoration and maintenance of works of art and historic buildings and their interiors, where Member States wish to authorize this on their territory, in accordance with the provisions of ILO Convention 13 on the use of sulphates of lead in paint. |
| Member States shall prohibit, as from 1 January 2000 at the latest, the marketing of batteries and accumulators, containing more than 0,0005 % of mercury by weight, including in those cases where these batteries and accumulators are incorporated into appliances. Button cells and batteries composed of button cells with a mercury content of no more than 2 % by weight shall be exempted from this prohibition. |
| 19.Mercury compound | May not be used as substances and constituents of preparations intended for use:- (a)to prevent the fouling by micro-organisms, plants or animals of:
- the hulls of boats,
- cages, floats, nets and any other appliances or equipment used for fish or shellfish farming,
- any totally or partly submerged appliances or equipment;
- (b)in the preservation of wood;
- (c)in the impregnation of heavy-duty industrial textiles and yarn intended for their manufacture;
- (d)in the treatment of industrial waters, irrespective of their use.
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| 19aMercuryCAS No 7439-97-6 | 1.May not be placed on the market:- (a)in fever thermometers;
- (b)in other measuring devices intended for sale to the general public (e.g. manometers, barometers, sphygmomanometers, thermometers other than fever thermometers).
2.The restriction in paragraph 1(b) shall not apply to:- (a)measuring devices more than 50 years old on 3 October 2007; or
- (b)barometers (except barometers within point (a)) until 3 October 2009.
3.By 3 October 2009 the Commission shall carry out a review of the availability of reliable safer alternatives that are technically and economically feasible for mercury-containing sphygmomanometers and other measuring devices in healthcare and in other professional and industrial uses.On the basis of this review or as soon as new information on reliable safer alternatives for sphygmomanometers and other measuring devices containing mercury becomes available, the Commission shall, if appropriate, present a legislative proposal to extend the restrictions in paragraph 1 to sphygmomanometers and other measuring devices in healthcare and in other professional and industrial uses, so that mercury in measuring devices is phased out whenever technically and economically feasible. |
| 20.Arsenic Compounds | 1.Shall not be placed on the market or used as substances and constituents of preparations intended for use to prevent the fouling by micro-organisms, plants or animals of:- the hulls of boats,
- cages, floats, nets and any other appliances or equipment used for fish or shellfish farming,
- any totally or partly submerged appliances or equipment;
2.Shall not be placed on the market or used as substances and constituents of preparations intended for use in the treatment of industrial waters, irrespective of their use.3.Shall not be used in the preservation of wood. Furthermore, wood so treated shall not be placed on the market;4.However, by way of derogation:- (a)Relating to the substances and preparations for the preservation of wood: these may only be used in industrial installations using vacuum or pressure to impregnate wood if they are solutions of inorganic compounds of the copper, chromium, arsenic (CCA) type C and if they are authorised in accordance with Article 5(1) of Directive 98/8/EC. Wood so treated shall not be placed on the market before fixation of the preservative is completed.
- (b)Wood treated with CCA solutions in industrial installations according to point (a) may be placed on the market for professional and industrial use provided that the structural integrity of the wood is required for human or livestock safety and skin contact by the general public during its service life is unlikely:
- as structural timber in public and agricultural buildings, office buildings, and industrial premises,
- in bridges and bridgework,
- as constructional timber in freshwater areas and brackish waters e.g. jetties and bridges,
- as noise barriers,
- in avalanche control,
- in highway safety fencing and barriers,
- as debarked round conifer livestock fence posts,
- in earth retaining structures,
- as electric power transmission and telecommunications poles,
- as underground railway sleepers.
- (c)Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, all treated wood placed on the market shall be individually labelled "For professional and industrial installation and use only, contains arsenic". In addition, all wood placed on the market in packs shall also bear a label stating "Wear gloves when handling this wood. Wear a dust mask and eye protection when cutting or otherwise crafting this wood. Waste from this wood shall be treated as hazardous by an authorised undertaking".
- (d)Treated wood referred to under point (a) shall not be used:
- in residential or domestic constructions, whatever the purpose,
- in any application where there is a risk of repeated skin contact,
- in marine waters,
- for agricultural purposes other than for livestock fence posts and structural uses in accordance with point (b),
- in any application where the treated wood may come into contact with intermediate or finished products intended for human and/or animal consumption.
5.Wood treated with arsenic compounds that was in use in the Community before 30 September 2007, or that was placed on the market in accordance with the rules of this Directive may remain in place and continue to be used until it reaches the end of its service life.6.Wood treated with CCA type C that was in use in the Community before 30 September 2007, or that was placed on the market in accordance with the rules of this Directive:- may be used or reused subject to the conditions pertaining to its use listed under point 4(b), (c) and (d),
- may be placed on the second hand market subject to the conditions pertaining to its use listed under point 4(b), (c) and (d).
7.Member States may allow wood treated with other types of CCA solutions that was in use in the Community before 30 September 2007:- to be used or reused subject to the conditions pertaining to its use listed under point 4 (b), (c) and (d),
- to be placed on the second hand market subject to the conditions pertaining to its use listed under point 4(b), (c) and (d).
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| 21.Organostannic compounds | 1.May not be placed on the market for use as substances and constituents of preparations when acting as biocides in free association paint.2.May not be placed on the market or used as substances and constituents of preparations which act as biocides to prevent the fouling by microorganisms, plants or animals of:- (a)all craft irrespective of their length intended for use in marine, coastal, estuarine and inland waterways and lakes;
- (b)cages, floats, nets and any other appliances or equipment used for fish or shellfish farming;
- (c)any totally or partly submerged appliance or equipment.
3.May not be used as substances and constituents of preparations intended for use in the treatment of industrial waters. |
| 22.di-μ-oxo-di-n-butylstanniohydroxyborane(C8H19BO3Sn, CAS No 75113-37-0)(DBB) | Shall be prohibited in a concentration equal to or greater than 0,1 % in substances and constituents of preparations placed on the market. However, this provision shall not apply to this substance (DBB) or preparations containing it if these are intended solely for conversion into finished products, among which this substance will no longer feature in a concentration equal to or greater than 0,1 %. |
| 23.Pentachlorophenol (CAS No 87-86-5) and its salts and esters | Shall not be used in a concentration equal to or greater than 0,1 % by mass in substances or preparations placed on the market. |
By way of derogation until 31 December 2008 France, Ireland, Portugal, Spain and the United Kingdom may chose not to apply this provision to substances and preparations intended for use in industrial installations not permitting the emission and/or discharge of pentachlorophenol (PCP) in quantities greater than those prescribed by existing legislation:- (a)in the treatment of wood.However, treated wood may not be used:
- inside buildings whether for decorative purposes or not, whatever their purpose (residence, employment, leisure),
- for the manufacture and re-treatment of:
- (i)containers intended for growing purposes;
- (ii)packaging that may come into contact with raw materials, intermediate or finished products destined for human and/or animal consumption;
- (iii)other materials that may contaminate the products mentioned in (i) and (ii);
- (b)in the impregnation of fibres and heavy-duty textiles not intended in any case for clothing or for decorative furnishings;
- (c)by way of special exception, Member States may on a case-by-case basis, authorise on their territory specialised professionals to carry out in situ and for buildings of cultural, artistic and historical interest, or in emergencies, a remedial treatment of timber and measonry infected by dry rot fungus (Serpula lacrymans) and cubic rot fungi.
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In any case:- (a)Pentachlorophenol used alone or as a component of preparations employed within the framework of the above exceptions must have a total hexachlorodibenzoparadioxin (HCDD) content of not more than two parts per million (ppm);
- (b)these substances and preparations may not:
- be placed on the market except in packages of 20 litres or more;
- be sold to the general public.
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| Without prejudice to the implementation of other Community provisions concerning the classification, packaging and labelling of dangerous substances and preparations, the packaging of such preparations should be marked clearly and indelibly: |
| Reserved for industrial and professional use |
| In addition, this provision shall not apply to wast covered by Directives 75/442/EEC and 91/689/EEC. |
| 24.Cadmium (CAS No 7440-43-9) and its compounds | 1.1.May not be used to give colour to finished products manufactured from the substances and preparations listed below:- polyvinyl chloride (PVC) [390410] [390421] [390422]
- polyurethane (PUR) [390950]
- low-density polyethylene (ld PE), with the exception of low-density polyethylene used for the production of coloured masterbatch [390110]
- cellulose acetate (CA) [391211] [391212]
- cellulose acetate butyrate (CAB) [391211] [391212]
- epoxy resins [390730]
In any case, whatever their use or intended final purpose, finished products or components of products manufactured from the substances and preparations listed above coloured with cadmium may not be placed on the market if their cadmium content (expressed as Cd metal) exceeds 0,01 % by mass of the plastic material.1.2.Section 1.1 also applies from 31 December 1995 for:- (a)finished products manufactured from the following substances and preparations:
- melamine — formaldehyde (MF) [390920]
- urea — formaldehyde (UF) [390910]
- unsaturated polyesters (UP) [390791]
- polyethylene terephthalate (PET) [390760]
- polybutylene terephthalate (PBT)
- transparent/general-purpose polystyrene [390311] [390319]
- acrylonitrile methylmethacrylate (AMMA)
- cross-linked polyethylene (VPE)
- high-impact polystyrene
- polypropylene (PP) [390210]
- (b)paints [3208] [3209]However, if the paints have a high zinc content, their residual concentration of cadmium must be as low as possible and at all events not exceed 0,1 % by mass.
1.3.However, Sections 1.1 and 1.2 do not apply to products to be coloured for safety reasons.2.1.May not be used to stabilize the finished products listed below manufactured from polymers or copolymers of vinyl chloride:- packaging materials (bags, containers, bottles, lids) [39232910] [392041] [392042]
- office or school supplies [392610]
- fittings for furniture, coachwork or the like [392630]
- articles of apparel and clothing accessories (including gloves) [392620]
- floor and wall coverings [391810]
- impregnated, coated, covered or laminated textile fabrics [590310]
- imitation leather [4202]
- gramophone records [852410]
- tubes and pipes and their fittings [391723]
- swing doors
- vehicles for road transport (interior, exterior, underbody)
- coating of steel sheet used in construction or in industry
- insulation for electrical wiring
In any case, whatever their use or intended final purpose, the placing on the market of the above finished products or components of products manufactured from polymers or copolymers of vinyl chloride, stabilized by substances containing cadmium is prohibited, if their cadmium content (expressed as Cd metal) exceeds 0,01 % by mass of the polymer.These provisions enter into force on 30 June 1994.2.2.However, Section 2.1 does not apply to finished products using cadmium-based stabilizers for safety reasons.3.Within the meaning of this Directive, "cadmium plating" means any deposit or coating of metallic cadmium on a metallic surface.3.1.May not be used for cadmium plating metallic products or components of the products used in the sectors/applications listed below.- (a)equipment and machinery for:
- food production: [8210] [841720] [841981] [842111] [842122] [8422] [8435] [8437] [8438] [847611]
- agriculture [841931] [842481] [8432] [8433] [8434] [8436]
- cooling and freezing [8418]
- printing and book-binding [8440] [8442] [8443]
- (b)equipment and machinery for the production of:
- household goods [7321] [842112] [8450] [8509] [8516]
- furniture [8465] [8466] [9401] [9402] [9403] [9404]
- sanitary ware [7324]
- central heating and air conditioning plant [7322] [8403] [8404] [8415]
In any case, whatever their use or intended final purpose, the placing on the market of cadmium-plated products or components of such products used in the sectors/applications listed in (a) and (b) above and of products manufactured in the sectors listed in (b) above is prohibited.3.2.The provisions referred to in Section 3.1 are also applicable from 30 June 1995 to cadmium-plated products or components of such products when used in the sectors/applications listed in (a) and (b) below and to products manufactured in the sectors listed in (b) below:- (a)equipment and machinery for the production of:
- paper and board [841932] [8439] [8441]
- textiles and clothing [8444] (1) [8445] [8447] [8448] [8449] [8451] [8452]
- (b)equipment and machinery for the production of:
- industrial handling equipment and machinery [8425] [8426] [8427] [8428] [8429] [8430] [8431]
- road and agricultural vehicles [chapter 87]
- rolling stock [chapter 86]
- vessels [chapter 89]
3.3.However, Sections 3.1 and 3.2 do not apply to:- products and components of the products used in the aeronautical, aerospace, mining, offshore and nuclear sectors whose applications require high safety standards and in safety devices in road and agricultural vehicles, rolling stock and vessels,
- electrical contacts in any sector of use, on account of the reliability required of the apparatus on which they are installed.
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| 4.Austria and Sweden, which already apply restrictions to cadmium going further than those prescribed in Sections 1, 2 and 3 may continue to apply these restrictions until 31 December 2002. The Commission will review the provisions on cadmium in Annex I to Directive 76/769/EEC before this date in light of the results of risk assessment for cadmium and of development of knowledge and techniques in respect of substitutes for cadmium. |
| 25.Monomethyl — tetrachlorodiphenyl methaneTrade name: Ugilec 141CAS No 76253-60-6 | As from 18 June 1994 the marketing and use of this substance and of preparations and products containing it shall be prohibited. By way of exception this provision shall not apply:- 1)in the case of plant and machinery already in service on 18 June 1994 until such plant and machinery is disposed of.However, as from 18 June 1994 Member States may, on grounds of health protection and environmental protection, prohibit within their territory the use of such plant or machinery before it is disposed of;
- 2)in the case of the maintenance of plant and machinery already in service on 18 June 1994.
As from 18 June 1994 the placing on the secondhand market of this substance, preparations containing this substance and plant/machinery containing this substance, shall be prohibited. |
| 26.Monomethyl-dichloro-diphenyl methaneTrade name: Ugilec 121, Ugilec 21CAS No — unknown | The marketing and use of this substance and of preparations and products containing it shall be prohibited. |
| 27.Monomethyl-dibromo-diphenyl methaneTrade name: DBBTCAS No 99688-47-8 | The marketing and use of this substance and of preparations and products containing it shall be prohibited. |
| 28.NickelCAS No 7440-02-0EINECS No 2311114and its compounds | May not be used:- 1)in all post assemblies which are inserted into pierced ears and other pierced parts of the human body unless the rate of nickel release from such post assemblies is less than 0,2 μg/cm2/week (migration limit);
- 2)in products intended to come into direct and prolonged contact with the skin such as:
- earrings,
- necklaces, bracelets and chains, anklets, finger rings,
- wrist-watch cases, watch straps and tighteners,
- rivet buttons, tighteners, rivets, zippers and metal marks, when these are used in garments
if the rate of nickel release from the parts of these products coming into direct and prolonged contact with the skin is greater than 0,5 μg/cm2/week; - 3)in products such as those listed in point 2 where these have a non-nickel coating unless such coating is sufficient to ensure that the rate of nickel release from those parts of such products coming into direct and prolonged contact with the skin will not exceed 0,5 ug/cm2/week for a period of at least two years of normal use of the product.
Furthermore, products which are the subject of points 1, 2 and 3, may not be placed on the market unless they conform to the requirements set out in those points |
| 29.Substances which appear in Annex I to Directive 67/548/EEC classified as carcinogen category 1 or carcinogen category 2 and labelled at least as "Toxic (T)" with risk phrase R 45: "May cause cancer" or risk phrase R49: "May cause cancer by inhalation", and listed as follows:Carcinogen category 1See List 1 in the Appendix.Carcinogen category 2See List 2 in the Appendix. | Without prejudice to the other points of Annex I to Directive 76/769/EEC:May not be used in substances and preparations placed on the market for sale to the general public in individual concentration equal to or greater than:- either the concentration specified in Annex I to Council Directive 67/548/EEC, or
- the concentration specified in point 6, Table VI, of Annex I to Council Directive 88/379/EEC, where no concentration limit appears in Annex I to Directive 67/548/EEC.
Without prejudice to the implementation of other Community provisions relating to the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations must be marked legibly and indelibly as follows: "Restricted to professional users".By way of derogation, this provision shall not apply to:- (a)medicinal or veterinary products as defined by Council Directive 65/65/EEC;
- (b)cosmetic products as defined by Council Directive 76/768/EEC;
- (c)
- motor fuels which are covered by Council Directive 85/210/EEC,
- mineral oil products intended for use as fuel in mobile or fixed combustion plants,
- fuels sold in closed systems (e.g. liquid gas bottles);
- (d)artists' paints covered by Council Directive 88/379/EEC.
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| 30.Substances which appear in Annex I to Directive 67/548/EEC classified as mutagen category 1 or mutagen category 2 and labelled with risk phrase R46: "May cause heritable genetic damage", and listed as follows:Mutagen category 1See List 3 in the Appendix.Mutagen categorySee List 4 in the Appendix. | Without prejudice to the other points of Annex I to Directive 76/769/EECMay not be used in substances and preparations placed on the market for sale to the general public in individual concentration equal to or greater than:- either the concentration specified in Annex I to Directive 67/548/EEC, or
- the concentration specified in point 6, Table VI, of Annex I to Directive 88/379/EEC where no concentration limit appears in Annex I to Directive 67/548/EEC.
Without prejudice to the implementation of other Community provisions relating to the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations must be marked legibly and indelibly as follows: "Restricted to professional users".By way of derogation, this provision shall not apply to:- (a)medicinal or veterinary products as defined by Directive 65/65/EEC;
- (b)cosmetic products as defined by Directive 76/768/EEC;
- (c)
- motor fuels which are covered by Council Directive 85/210/EEC,
- mineral oil products intended for use as fuel in mobile or fixed combustion plants,
- fuels sold in closed systems (e.g. liquid gas bottles);
- (d)artists' paints covered by Directive 88/379/EEC.
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| 31.Substances which appear in Annex I to Directive 67/548/EEC classified as toxic to reproduction category 1 or toxic to reproduction category 2 and labelled with risk phrase R60: "May impair fertility" and/or R61: "May cause harm to the unborn child", and listed as follows:Toxic to reproduction category 1See List 5 in the Appendix.Toxic to reproduction category 2See List 6 in the Appendix. | Without prejudice to the other points of Annex I to Directive 76/769/EECMay not be used in substances and preparations placed on the market for sale to the general public in individual concentration equal to or greater than:- either the concentration specified in Annex I to Directive 67/548/EEC, or
- the concentration specified in point 6, Table VI, of Annex I to Directive 88/379/EEC where no concentration limit appears in Annex I to Directive 67/548/EEC.
Without prejudice to the implementation of other Community provisions relating to the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations must be marked legibly and indelibly as follows: "Restricted to professional users".By way of derogation, this provision shall not apply to:- (a)medicinal or veterinary products as defined by Directive 65/65/EEC;
- (b)cosmetic products as defined by Directive 76/768/EEC;
- (c)
- motor fuels which are covered by Council Directive 85/210/EEC,
- mineral oil products intended for use as fuel in mobile or fixed combustion plants,
- fuels sold in closed systems (e.g. liquid gas bottles);
- (d)artists' paints covered by Directive 88/379/EEC.
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32.Substances and preparations containing one or more of the following substances:- (a)creosoteEINECS No 232-287-5CAS No 8001-58-9
- (b)creosote oilEINECS No 263-047-8CAS No 61789-28-4
- (c)distillates (coal tar), naphthalene oilsEINECS No 283-484-8CAS No 84650-04-4
- (d)creosote oil, acenaphthene fractionEINECS No 292-605-3CAS No 90640-84-9
- (e)distillates (coal tar), upperEINECS No 266-026-1CAS No 65996-91-0
- (f)anthracene oilEINECS No 292-602-7CAS No 90640-80-5
- (g)tar acids, coal, crudeEINECS No 266-019-3CAS No 65996-85-2
- (h)creosote, woodEINECS No 232-419-1CAS No 8021-39-4
- (i)low temperature tar oil, alkalineEINECS No 310-191-5CAS No 122384-78-5
| 1.May not be used in the treatment of wood. Furthermore, wood so treated may not be placed on the market2.However by way of derogation:- (i)Relating to the substances and preparations: these may be used for wood treatment in industrial installations or by professionals covered by Community legislation on the protection of workers for in situ retreatment only if they contain:
- (a)benzo-a-pyrene at a concentration of less than 0,005 % by mass
- (b)and water extractable phenols at a concentration of less than 3 % by mass.
Such substances and preparations for use in wood treatment in industrial installations or by professionals:- may be placed on the market only in packaging of a capacity equal to or greater than 20 litres,
- may not be sold to consumers.
Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations shall be legibly and indelibly marked "For use in industrial installations or professional treatment only". - (ii)Relating to wood treated in industrial installations or by professionals according to (i) which is placed on the market for the first time or retreated in-situ: this is permitted for professional and industrial use only, e.g. on railways, in electric power transmission and telecommunications, for fencing, for agricultural purposes (e.g. stakes for tree support) and in harbours and waterways.
- (iii)Relating to wood having been treated with substances listed in point 32(a) to (i) before this Directive applies: the prohibition in point 1 on the placing on the market shall not apply where this is placed on the second-hand market for re-use
3.However, treated wood referred to under point 2(ii) and (iii) may not be used:- inside buildings, whatever their purpose,
- in toys,
- in playgrounds,
- in parks, gardens, and outdoor recreational and leisure facilities where there is a risk of frequent skin contact,
- in the manufacture of garden furniture such as picnic tables,
- for the manufacture and use and any re-treatment of:
- containers intended for growing purposes,
- packaging that may may come into contact with raw materials, intermediate or finished products destined for human and/or animal consumption,
- other materials which may contaminate the products mentioned above.
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| 33.Chloroform No CAS No 67-66-334.Carbon tetrachloride CAS No 56-23-535.1,1,2 Trichloroethane CAS No 79-00-536.1,1,2,2 Tetrachloroethane CAS No 79-34-537.1,1,1,2 Tetrachloroethane CAS No 630-20-638.Pentachloroethane CAS No 76-01-739.1,1 Dichloroethylene CAS No 75-35-440.1,1,1 Trichloroethane CAS No 71-55-6 | May not be used in concentrations equal to or greater than 0,1 % by weight in substances and preparations placed on the market for sale to the general public and/or in diffusive applications such as in surface cleaning and cleaning of fabrics.Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such substances and preparations containing them in concentrations equal to or greater than 0,1 % shall be legible and indelibly marked as follows: "For use in industrial installations only".By way of derogation this provision shall not apply to:- (a)medicinal or veterinary products as defined by Directive 65/65/EEC, as last amended by Directive 93/39/EEC;
- (b)cosmetic products as defined by Directive 76/768/EEC, as last amended by Directive 93/35/EEC.
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41.Hexachloroethane- CAS No 67-72-1
- EINECS No 2006664
| May not be used in the manufacturing or processing of non-ferrous metals. |
| 42.Alkanes, C10-C13, chloro (short-chain chlorinated paraffins) | 1.May not be placed on the market for use as substances or as constituents of other substances or preparations in concentrations higher than 1 %:- in metalworking;
- for fat liquoring of leather.
2.Before 1 January 2003 all remaining uses of SCCPs will be reviewed by the European Commission, in cooperation with the Member States and the OSPAR Commission, in the light of any relevant new scientific data on risks posed by SCCPs to health and the environment.The European Parliament will be informed of the outcome of this review. |
| 43.Azocolourants | 1.Azodyes which, by reductive cleavage of one or more azo groups, may release one or more of the aromatic amines listed in the Appendix, in detectable concentrations, i.e. above 30 ppm in the finished articles or in the dyed parts thereof, according to the testing methods listed in that Appendix, may not be used in textile and leather articles which may come into direct and prolonged contact with the human skin or oral cavity, such as:- clothing, bedding, towels, hairpieces, wigs, hats, nappies and other sanitary items, sleeping bags,
- footwear, gloves, wristwatch straps, handbags, purses/wallets, briefcases, chair covers, purses worn round the neck,
- textile or leather toys and toys which include textile or leather garments,
- yarn and fabrics intended for use by the final consumer.
2.Furthermore, the textile and leather Articles referred to in point 1 above may not be placed on the market unless they conform to the requirements set out in that point.By way of derogation, until 1 January 2005, this provision shall not apply to textile articles made of recycled fibres if the amines are released by residues deriving from previous dyeing of the same fibres and if the listed amines are released in concentrations below 70 ppm.3.Azodyes, which are contained in the "List of azodyes" that is hereby added to the Appendix, may not be placed on the market or used for colouring textile and leather articles as a substance or constituent of preparations in concentrations higher than 0,1 % by mass.4.Not later than 11 September 2005, the Commission shall, in the light of new scientific knowledge, review the provisions on azocolourants. |
| 44.Diphenylether, pentabromo derivative C12H5Br5O | 1.May not be placed on the market or used as a substance or as a constituent of substances or of preparations in concentrations higher than 0,1 % by mass.2.Articles may not be placed on the market if they, or flame-retarded parts thereof, contain this substance in concentrations higher than 0,1 % by mass.3.By way of derogation, until 31 March 2006 paragraphs 1 and 2 shall not apply to aircraft emergency evacuation systems. |
| 45.Diphenylether, octabromo derivative C12H2Br8O | 1.May not be placed on the market or used as a substance or as a constituent of substances or of preparations in concentrations higher than 0,1 % by mass.2.Articles may not be placed on the market if they, or flame-retardant parts thereof, contain this substance in concentrations higher than 0,1 % by mass. |
| 46.(1)Nonylphenol C6H4(OH)C9H19(2)Nonylphenol ethoxylate (C2H4O)nC15H24O | May not be placed on the market or used as a substance or constituent of preparations in concentrations equal or higher than 0,1 % by mass for the following purposes:- (1)industrial and institutional cleaning except:
- controlled closed dry cleaning systems where the washing liquid is recycled or incinerated,
- cleaning systems with special treatment where the washing liquid is recycled or incinerated;
- (2)domestic cleaning;
- (3)textiles and leather processing except:
- processing with no release into waste water,
- systems with special treatment where the process water is pre-treated to remove the organic fraction completely prior to biological waste water treatment (degreasing of sheepskin);
- (4)emulsifier in agricultural teat dips;
- (5)metal working except:
- uses in controlled closed systems where the washing liquid is recycled or incinerated;
- (6)manufacturing of pulp and paper;
- (7)cosmetic products;
- (8)other personal care products except:
- spermicides;
- (9)co-formulants in pesticides and biocides.
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| 47.Cement | (1)Cement and cement-containing preparations may not be used or placed on the market, if they contain, when hydrated, more than 0,0002 % soluble chromium VI of the total dry weight of the cement.(2)If reducing agents are used, then without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of cement or cement-containing preparations shall be legibly and indelibly marked with information on the packing date, as well as on the storage conditions and the storage period appropriate to maintaining the activity of the reducing agent and to keeping the content of soluble chromium VI below the limit indicated in paragraph 1.(3)By way of derogation, paragraphs 1 and 2 shall not apply to the placing on the market for, and use in, controlled closed and totally automated processes in which cement and cement-containing preparations are handled solely by machines and in which there is no possibility of contact with the skin. |
| 48.TolueneCAS No 108-88-3 | May not be placed on the market or used as a substance or constituent of preparations in a concentration equal to or higher than 0,1 % by mass in adhesives and spray paints intended for sale to the general public. |
| 49.TrichlorobenzeneCAS No 120-82-1 | May not be placed on the market or used as a substance or constituent of preparations in a concentration equal to or higher than 0,1 % by mass for all uses except- as an intermediate of synthesis, or
- as a process solvent in closed chemical applications for chlorination reactions, or
- in the manufacture of 1,3,5 — trinitro — 2,4,6 — triaminobenzene (TATB).
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| 50.Polycyclic-aromatic hydrocarbons (PAH)1.Benzo(a)pyrene (BaP)CAS No 50-32-82.Benzo(e)pyren (BeP)CAS No 192-97-23.Benzo(a)anthracene (BaA)CAS No 56-55-34.Chrysen (CHR)CAS No 218-01-95.Benzo(b)fluoranthene (BbFA)CAS No 205-99-26.Benzo(j)fluoranthene (BjFA)CAS No 205-82-37.Benzo(k)fluoranthene (BkFA)CAS No 207-08-98.Dibenzo(a, h)anthracene (DBAhA)CAS No 53-70-3 | (1)Extender oils may not be placed on the market and used for the production of tyres or parts of tyres, if they contain:- more than 1 mg/kg BaP, or
- more than 10 mg/kg of the sum of all listed PAHs.
These limits are regarded as kept, if the polycyclic aromatics (PCA) extract is less than 3 % by mass, as measured by the Institute of Petroleum standard IP346: 1998 (Determination of PCA in unused lubricating base oils and asphaltene free petroleum fractions — Dimethyl sulphoxide extraction refractive index method), provided that compliance with the limit values of BaP and of the listed PAHs, as well as the correlation of the measured values with the PCA extract, is controlled by the manufacturer or importer every six months or after each major operational change, whichever is earlier.(2)Furthermore, the tyres and treads for retreading manufactured after 1 January 2010 may not be placed on the market if they contain extender oils exceeding the limits indicated in paragraph 1.These limits are regarded as kept, if the vulcanised rubber compounds do not exceed the limit of 0,35 % Bay protons as measured and calculated by ISO 21461 (Rubber vulcanised — Determination of aromaticity of oil in vulcanised rubber compounds).(3)By way of derogation, paragraph 2 shall not apply to retreaded tyres if their tread does not contain extender oils exceeding the limits indicated in paragraph 1. |
51.The following phthalates (or other CAS- and EINECS numbers covering the substance)- bis (2-ethylhexyl) phthalate (DEHP)CAS No 117-81-7Einecs No 204-211-0
- dibutyl phthalate (DBP)CAS No 84-74-2Einecs No 201-557-4
- benzyl butyl phthalate (BBP)CAS No 85-68-7Einecs No 201-622-7
| Shall not be used as substances or as constituents of preparations, at concentrations of greater than 0,1 % by mass of the plasticised material, in toys and childcare articles.Such toys and childcare articles containing these phthalates in a concentration greater than the limit mentioned above shall not be placed on the market. |
51a.The following phthalates (or other CAS- and EINECS numbers covering the substance)- di-"isononyl" phthalate (DINP)CAS No 28553-12-0 and 68515-48-0Einecs No 249-079-5 and 271-090-9
- di-"isodecyl" phthalate (DIDP)CAS No 26761-40-0 and 68515-49-1Einecs No 247-977-1 and 271-091-4
- di-n-octyl phthalate (DNOP)CAS No 117-84-0Einecs No 204-214-7
| Shall not be used as substances or as constituents of preparations, at concentrations of greater than 0,1 % by mass of the plasticised material, in toys and childcare articles which can be placed in the mouth by children.Such toys and childcare articles containing these phthalates in a concentration greater than the limit mentioned above shall not be placed on the market. |
| 52.Perfluorooctane sulfonates(PFOS)C8F17SO2X(X = OH, Metal salt (O-M+), halide, amide, and other derivatives including polymers) | (1)May not be placed on the market or used as a substance or constituent of preparations in a concentration equal to or higher than 0,005 % by mass.(2)May not be placed on the market in semi-finished products or articles, or parts thereof, if the concentration of PFOS is equal to or higher than 0,1 % by mass calculated with reference to the mass of structurally or microstructurally distinct parts that contain PFOS or, for textiles or other coated materials, if the amount of PFOS is equal to or higher than 1 μg/m2 of the coated material.(3)By way of derogation, paragraphs 1 and 2 shall not apply to the following items, nor to substances and preparations needed to produce them:- (a)photoresists or anti reflective coatings for photolithography processes,
- (b)photographic coatings applied to films, papers, or printing plates,
- (c)mist suppressants for non-decorative hard chromium (VI) plating and wetting agents for use in controlled electroplating systems where the amount of PFOS released into the environment is minimised, by fully applying relevant best available techniques developed within the framework of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control,
- (d)hydraulic fluids for aviation.
(4)By way of derogation from paragraph 1, fire-fighting foams that have been placed on the market before 27 December 2006 can be used until 27 June 2011.(5)Paragraphs 1 and 2 shall apply without prejudice to Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents.(6)Not later than 27 December 2008 Member States shall establish and communicate to the Commission an inventory that covers:- (a)processes that are subject to derogation in paragraph 3(c) and the amounts of PFOS used in and released from them,
- (b)existing stocks of fire-fighting foams containing PFOS.
(7)As soon as new information on details of uses and safer alternative substances or technologies for the uses becomes available, the Commission shall review each of the derogations in paragraph 3(a) to (d) so that:- (a)the uses of PFOS will be phased out as soon as the use of safer alternatives is technically and economically feasible,
- (b)a derogation can only be continued for essential uses for which safer alternatives do not exist and where the efforts undertaken to find safer alternatives have been reported on,
- (c)releases of PFOS into the environment have been minimised, by applying best available techniques.
(8)The Commission shall keep under review the ongoing risk assessment activities and the availability of safer alternative substances or technologies related to the uses of perfluorooctanoic acid (PFOA) and related substances and propose all necessary measures to reduce identified risks, including restrictions on marketing and use, in particular when safer alternative substances or technologies, that are technically and economically feasible, are available. |