HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 43/24
EN
Official Journal of the European Union
14.2.2013
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)
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
concentration limit specified in Directive 1999/45/EC of
the European Parliament and of the Council of 31 May
1999 concerning the approximation of the laws, regu
Having regard to the Treaty on the Functioning of the European
lations and administrative provisions of the Member
Union,
States relating to the classification, packaging and
labelling of dangerous preparations ( 4 ) that are applied
in order to determine whether a substance or mixture
Having regard to Regulation (EC) No 1907/2006 of the
is covered by that restriction. It should be clarified that
European Parliament and of the Council of 18 December
the concentration limit specified in Directive 1999/45/EC
2006 concerning the Registration, Evaluation, Authorisation
applies only where a specific concentration limit is not
and Restriction of Chemicals (REACH), establishing a
set out in Part 3 of Annex VI to Regulation (EC) No
European Chemicals Agency, amending Directive 1999/45/EC
1272/2008.
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,
(4) Commission
Regulation
(EU)
No
519/2012
of
19
June
93/67/EEC, 93/105/EC and 2000/21/EC ( 1 ), and in particular
2012 amending Regulation (EC) No 850/2004 of the
Article 131 thereof,
European Parliament and of the Council on persistent
organic pollutants as regards Annex I ( 5 ) added short-
Whereas:
chain chlorinated paraffins (hereinafter ‘SCCPs’) to

Annex I to Regulation (EC) No 850/2004 of the
European Parliament and of the Council of 29 April
(1) Annex
XVII
to
Regulation
(EC)
No
1907/2006
has
taken
2004 on persistent organic pollutants and amending
over the restrictions previously laid down in Council
Directive 79/117/EEC ( 6 ). Production, placing on the
Directive 76/769/EEC of 27 July 1976 on the approxi
market and use of SCCPs is therefore prohibited,
mation of the laws, regulations and administrative
subject to certain specific exemptions. Entry 42 in
provisions of the Member States relating to restrictions
Annex XVII to Regulation (EC) No 1907/2006, which
on the marketing and use of certain dangerous
restricts two uses of SCCPs that are now banned under
substances and preparations (
Regulation (EC) No 850/2004 has become superfluous

2 ). In entry 6, paragraph
1, of Annex XVII to that Regulation, the term ‘product’,
and should therefore be deleted.
used in the original restriction on asbestos in Directive
76/769/EEC, was replaced by ‘article’ which does not
cover mixtures. In order for entry 6, paragraph 1, to
(5) A
harmonised
testing
method
adopted
by
the
European
cover the same items as that Directive, the term ‘mix
Committee for Standardization for determining the water
tures’ should be added.
soluble chromium VI content of cement in accordance
with Directive 2003/53/EC of the European Parliament
and of the Council of 18 June 2003 amending for the
(2)
The derogations in entries 16 and 17 of Annex XVII to
26th time Council Directive 76/769/EEC relating to
Regulation (EC) No 1907/2006 as regards the use of lead
restrictions on the marketing and use of certain
carbonates and lead sulphates in paints for the resto
dangerous substances and preparations (nonylphenol,
ration and maintenance of works of art and historic
nonylphenol ethoxylate and cement) ( 7 ) should be used.
buildings and their interiors should apply not only to
For the purpose of clarity, entry 47 of Annex XVII to
the use but also to the placing on the market in order
Regulation (EC) No 1907/2006 should contain a
to allow those paints to be available for restoration and
reference to that testing method.
maintenance works as well.
(6) The
substance
methylenediphenyl
diisocyanate
(MDI)
in
(3)
The restriction in entries 28, 29 and 30 of Annex XVII
entry 56 of Annex XVII to Regulation (EC) No
to Regulation (EC) No 1907/2006 makes reference to a
1907/2006, identified by CAS number 26447-40-5
specific concentration limit laid down in Regulation (EC)
and EC number 247-714-0, encompasses all isomeric
No 1272/2008 of the European Parliament and of the
mixtures and all specific isomers. However, certain
Council of 16 December 2008 on classification, labelling
specific isomers have specific CAS or EC numbers. In
and packaging of substances and mixtures, amending and
order to clarify that all isomers are covered, three
repealing Directives 67/548/EEC and 1999/45/EC, and
specific CAS and EC numbers should be added.
amending Regulation (EC) No 1907/2006 ( 3 ) and to a
( 4 ) OJ L 200, 30.7.1999, p. 1.
( 1 ) OJ L 396, 30.12.2006, p. 1.
( 5 ) OJ L 159, 20.6.2012, p. 1.
( 2 ) OJ L 262, 27.9.1976, p. 201.
( 6 ) OJ L 158, 30.4.2004, p. 7.
( 3 ) OJ L 353, 31.12.2008, p. 1.
( 7 ) OJ L 178, 17.7.2003, p. 24.

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EN
14.2.2013 Official
Journal
of
the
European
Union L
43/25
(7) Commission
Regulation
(EC)
No
552/2009
of
22
June (10) Regulation (EC) No 1907/2006 should therefore be
2009 amending Regulation (EC) No 1907/2006 of the
amended accordingly.
European Parliament and of the Council on the Regis
tration, Evaluation, Authorisation and Restriction of
Chemicals (REACH) as regards Annex XVII ( 1 ) deleted
(11) The
measures
provided
for
in
this
Regulation
are
in
notes E, H and S from the foreword to Appendices 1
accordance with the opinion of the committee estab
to 6 to Annex XVII to Regulation (EC) No 1907/2006, as
lished by Article 133 of Regulation (EC) No 1907/2006,
well as from the Appendices 1, 2, 3, 5 and 6. For reasons
of coherence, the notes E, H and S should be deleted also
from Appendix 4.
HAS ADOPTED THIS REGULATION:
(8) The
entry
on
diisopentylphthalate
in
Appendix
6
to
Annex XVII to Regulation (EC) No 1907/2006
Article 1
indicates incorrect EC and CAS numbers, which should
Annex XVII to Regulation (EC) No 1907/2006 is amended in
be corrected.
accordance with the Annex to this Regulation.
(9) New
standards
concerning
the
testing
methods
for
azocolourants and azodyes have been adopted by the
Article 2
European Committee for Standardization. It is therefore
necessary to update Appendix 10 to Annex XVII to
This Regulation shall enter into force on the twentieth day
Regulation (EC) No 1907/2006 to take account of
following that of its publication in the Official Journal of the
those standards.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 February 2013.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 164, 26.6.2009, p. 7.

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L 43/26
EN
Official Journal of the European Union
14.2.2013
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:
‘1. The manufacture, placing on the market and use of these fibres and of articles and mixtures containing these
fibres added intentionally is prohibited.’;
(2) in entry 16, column 2, the second paragraph is replaced by the following:
‘However, Member States may, in accordance with the provisions of International Labour Organization (ILO)
Convention 13, permit the use on their territory of the substance or mixture for the restoration and maintenance
of works of art and historic buildings and their interiors, as well as the placing on the market for such use. Where a
Member State makes use of this derogation, it shall inform the Commission thereof.’;
(3) in entry 17, column 2, the second paragraph is replaced by the following:
‘However, Member States may, in accordance with the provisions of International Labour Organization (ILO)
Convention 13, permit the use on their territory of the substance or mixture for the restoration and maintenance
of works of art and historic buildings and their interiors, as well as the placing on the market for such 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, paragraph 1, the fifth indent of the first subparagraph is replaced by the
following:
‘— the relevant concentration specified in Directive 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 replaced by ‘to Regulation (EC) No 1272/2008’;
(6) entry 42 is deleted;
(7) in entry 47, column 2, the following paragraph 4 is added:
‘4. The standard adopted by the European Committee for Standardization (CEN) for testing the water-soluble
chromium (VI) content of cement and cement-containing mixtures shall be used as the test method for demon
strating conformity with paragraph 1.’;
(8) in entry 56, column 1 is replaced by the following:
’56. Methylenediphenyl
diisocyanate
(MDI)
CAS No 26447-40-5
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’;

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EN
14.2.2013 Official
Journal
of
the
European
Union L
43/27
(9) in Appendix 4, in the column headed ‘Notes’, references to notes E, H and S are deleted;
(10) in Appendix 6, the row for the entry concerning 1,2-benzenedicarboxylic acid, dipentylester, branched and linear
n-pentyl-isopentylphthalate, di-n-pentyl phthalate, diisopentylphthalate is replaced by the following:
Substances Index
No EC
No CAS
No Notes
‘1,2-benzenedicarboxylic acid, dipenty 607-426-00-1 284-032-2
[1] 84777-06-0
[1]
lester, branched and linear [1]
n-pentyl-isopentylphthalate [2] [2] [2]
di-n-pentyl phthalate [3] 205-017-9
[3] 131-18-0
[3]
Diisopentylphthalate [4] 210-088-4
[4] 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
European
standardisation
Reference and title of the harmonised standard Reference
of
the
superseded
standard
organisation
CEN EN
ISO
17234-1:2010
CEN ISO/TS 17234:2003
Leather — Chemical tests for the determination of certain
azo colorants in dyed leathers — Part 1: Determination of
certain aromatic amines derived from azo colorants
CEN EN
ISO
17234-2:2011
CEN ISO/TS 17234:2003
Leather — Chemical tests for the determination of certain
azo colorants in dyed leathers — Part 2: Determination of
4-aminoazobenzene
CEN EN
14362-1:2012
EN 14362-1:2003
Textiles — Methods for determination of certain aromatic EN 14362-2:2003
amines derived from azo colorants — Part 1: Detection of
the use of certain azo colorants accessible with and without
extracting the fibres
CEN EN
14362-3:2012
Textiles — Methods for determination of certain aromatic
amines derived from azo colorants — Part 3: Detection of
the use of certain azo colorants, which may release
4-aminoazobenzene’

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