HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 134/2
EN
Official Journal of the European Union
21.5.2011
REGULATIONS
COMMISSION REGULATION (EU) No 494/2011
of 20 May 2011
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)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
colouring agent in a number of polymers and paints, as a
stabiliser in polyvinyl chloride (PVC) in a number of
applications, and cadmium plating is prohibited in a
number of applications. Directive 76/769/EEC was
Having regard to the Treaty on the Functioning of the European
repealed and replaced by Regulation (EC) No
Union,
1907/2006 with effect from 1 June 2009.
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
(5) In
2007
the
European
risk
assessment
on
cadmium
( 4 )
and Restriction of Chemicals (REACH), establishing a
under Council Regulation (EEC) No 793/93 of 23 March
European Chemicals Agency, amending Directive 1999/45/EC
1993 on the evaluation and control of the risks of
and repealing Council Regulation (EEC) No 793/93 and
existing substances ( 5 ) was completed. On 14 June
Commission Regulation (EC) No 1488/94 as well as Council
2008 the Commission published a Communication on
Directive 76/769/EEC and Commission Directives 91/155/EEC,
the results of the risk evaluation and the risk reduction
93/67/EEC, 93/105/EC and 2000/21/EC (
strategies for cadmium and cadmium oxide ( 6 ) which

1 ), and in particular
Article 131 thereof,
recommended a marketing and use restriction for
cadmium in brazing sticks and jewellery.
Whereas:
(6) The
Communication
outlined
the
need
for
specific
measures to limit the risks from the use of cadmium-
(1) By
its
Resolution
of
25
January
1988
on
a
Community
containing brazing sticks and from wearing cadmium-
action programme
( 2 ) the Council invited the
containing jewellery. Professionals and hobbyists are
Commission to combat environmental pollution by
exposed to fumes in the process of brazing. Consumers
cadmium.
including children are exposed to cadmium in jewellery
through skin contact or licking.
(2)
In the table set out in Annex XVII to Regulation (EC) No
1907/2006, entry 23 contains restrictions on the use and
marketing of cadmium in mixtures and articles.
(7) The
Commission
has
commissioned
a
study
on
Socio-
Economic Impact of a Potential Update of the
Restrictions on the Marketing and Use of Cadmium in
jewelleries, brazing alloys and PVC. The results of the
(3) Cadmium
and
cadmium
oxide
are
classified
as
carcinogen
study were published in January 2010 (
category 1B and aquatic acute and chronic toxicity

7 ).
category 1.
(8) The
existing
provisions
concerning
paint
containing
zinc
(4) Since
31
December
1992,
cadmium
has
been
prohibited
should be clarified to define high zinc content. Provisions
under Council Directive 76/769/EEC of 27 July 1976 on
concerning paint on painted articles should be also
the approximation of the laws, regulations and adminis
clarified.
trative provisions of the Member States relating to
restrictions on the marketing and use of certain
dangerous substances and preparations
(
(

3 ) as a

4 ) http://ecb.jrc.ec.europa.eu/documents/Existing-chemicals/RISK_
ASSESSMENT/REPORT/cdmetalreport303.pdf
( 5 ) OJ L 84, 5.4.1993, p. 1.
( 1 ) OJ L 396, 30.12.2006, p. 1.
( 6 ) OJ C 149, 14.6.2008, p. 6.
( 2 ) OJ C 30, 4.2.1988, p. 1.
( 7 ) http://ec.europa.eu/enterprise/sectors/chemicals/files/markrestr/study-
( 3 ) OJ L 262, 27.9.1976, p. 201.
cadmium_en.pdf

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EN
21.5.2011 Official
Journal
of
the
European
Union L
134/3
(9)
Since 2001 the European PVC industry has taken the
(14) It is foreseen that due to the prohibition of cadmium in
initiative on a voluntary basis to refrain from using
new PVC, the content of cadmium in construction
cadmium as a stabiliser in newly produced PVC for
products manufactured from recovered PVC should
those applications which were not yet regulated under
diminish gradually. Therefore, the limit value for
Directive 76/769/EEC. This voluntary initiative eventually
cadmium should be reviewed accordingly and the
led to a phase out of the use of cadmium in PVC.
European Chemicals Agency (ECHA) should be involved
in reviewing the restriction as provided for in Article 69
of Regulation (EC) No 1907/2006.
(10) The prohibition of the use of cadmium should be
extended to all articles made from PVC in order to
comply with the objective of combating cadmium
(15) In accordance with the provisions on transitional
measures in Article 137(1)a of REACH it is necessary
pollution.
to amend Annex XVII to Regulation (EC) No 1907/2006.
(11) A
derogation
for
mixtures
produced
from
PVC
waste
and
(16) The
measures
provided
for
in
this
Regulation
are
in
referred to as ‘recovered PVC’ should be granted to allow
accordance with the opinion of the Committee estab
their placing on the market for use in certain
lished under Article 133 of Regulation (EC) No
construction products.
1907/2006,
HAS ADOPTED THIS REGULATION:
(12) The
use
of
recovered
PVC
should
be
encouraged
in
the
manufacture of certain construction products because it
allows the reuse of old PVC, which may contain
Article 1
cadmium. Consequently a higher limit value for
Annex XVII to Regulation (EC) No 1907/2006 is amended in
cadmium should be granted for these construction
accordance with the Annex to this Regulation.
products. This avoids PVC being discarded in landfills
or incinerated causing release of carbon dioxide and
cadmium in the environment.
Article 2
This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.
(13) This
Regulation
should
apply
6
months
after
the
entry
into force to allow operators to ensure compliance with
the provisions of this Regulation.
It shall apply from 10 January 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 May 2011.
For the Commission
The President
José Manuel BARROSO

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L 134/4
EN
Official Journal of the European Union
21.5.2011
ANNEX
In Annex XVII to Regulation (EC) No 1907/2006, the table setting out the designation of the substances, groups of
substances and mixtures and 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 synthetic organic polymers
(hereafter referred to as plastic material) such as:
— polymers or copolymers of vinyl chloride (PVC) [3904 10] [3904 21]
— polyurethane (PUR) [3909 50]
— low-density polyethylene (LDPE), 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]
— high-density polyethylene (HDPE) [3901 20]
— acrylonitrile butadiene styrene (ABS) [3903 30]
— poly(methyl methacrylate) (PMMA) [3906 10].
Mixtures and articles produced from plastic material shall not be placed on the
market if the concentration of cadmium (expressed as Cd metal) is equal to or
greater than 0,01 % by weight of the plastic material.
By way of derogation, the second subparagraph shall not apply to articles placed on
the market before 10 January 2012.
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].
For paints with a zinc content exceeding 10 % by weight of the paint, the concen
tration of cadmium (expressed as Cd metal) shall not be equal to or greater than
0,1 % by weight.
Painted articles shall not be placed on the market if the concentration of cadmium
(expressed as Cd metal) is equal to or 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, second subparagraph shall not apply to:
— mixtures produced from PVC waste, hereinafter referred to as “recovered PVC”,
— mixtures and articles containing recovered PVC if their concentration of
cadmium (expressed as Cd metal) does not exceed 0,1 % by weight of the
plastic material in the following rigid PVC applications:
(a) profiles and rigid sheets for building applications;
(b) doors, windows, shutters, walls, blinds, fences, and roof gutters;

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EN
21.5.2011 Official
Journal
of
the
European
Union L
134/5
(c) decks and terraces;
(d) cable ducts;
(e) pipes for non-drinking water if the recovered PVC is used in the middle 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
paragraph 4 will be reviewed, in particular with a view to reducing the limit
value for cadmium and to reassess the derogation for the applications listed in
points (a) to (e), by 31 December 2017.
(*) OJ L 365, 31.12.1994, p. 10.’
2. in the second column of entry 23, paragraphs 8, 9, 10 and 11 are added as follows:
‘8. Shall not be used in brazing fillers in concentration equal to or greater than 0,01 %
by weight.
Brazing fillers shall not be placed on the market if the concentration of cadmium
(expressed as Cd metal) is equal to or greater than 0,01 % by weight.
For the purpose of this paragraph brazing shall mean a joining technique using
alloys and undertaken at temperatures above 450 °C.
9. By way of 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 if the concentration is equal to or greater
than 0,01 % by weight of the metal in:
(i) metal beads and other metal components for jewellery making;
(ii) metal parts of jewellery and imitation jewellery articles and hair accessories,
including:
— bracelets, necklaces and rings,
— piercing jewellery,
— wrist-watches and wrist-wear,
— brooches and cufflinks.
11. By way of derogation, paragraph 10 shall not apply to articles placed on the market
before 10 January 2012 and jewellery more than 50 years old on 10 January 2012.’

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