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3.3.2011 Official
Journal
of
the
European
Union L
58/27
COMMISSION REGULATION (EU) No 207/2011
of 2 March 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 (Diphenylether, pentabromo derivative and PFOS)
THE EUROPEAN COMMISSION,
concluded its work on a group of substances that have
been found to meet the criteria of the Convention. At the
fourth meeting of the Conference of the Parties to the
Convention on 4-8 May 2009, (hereinafter ‘the COP 4’),
Having regard to the Treaty on the Functioning of the European
it was agreed to add nine substances to the Annexes to
Union,
the Convention including Pentabromodiphenyl ether and
PFOS.
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
(4) Commission
Regulation
(EU)
No
757/2010
of
24
August
and Restriction of Chemicals (REACH), establishing a
2010 amending Regulation (EC) No 850/2004 of the
European Chemicals Agency, amending Directive 1999/45/EC
European Parliament and of the Council on persistent
and repealing Council Regulation (EEC) No 793/93 and
organic pollutants as regards Annexes I and III ( 5 )
Commission Regulation (EC) No 1488/94 as well as Council
implements the Decisions of the COP 4, by including
Directive 76/769/EEC and Commission Directives 91/155/EEC,
the substances listed in the Convention or the Protocol
93/67/EEC, 93/105/EC and 2000/21/EC ( 1 ), and in particular
or in both in Annex I to Regulation (EC) No 850/2004.
Article 131 thereof,
Those substances include Pentabromodiphenyl ether and
PFOS. Regulation (EC) No 850/2004 prohibits the
production and placing on the market of the substances
listed in Annex I and regulates the management of waste
Whereas:
containing these substances. In the case of PFOS, dero
gations applicable under REACH in Annex XVII are
carried over and listed in Annex I to Regulation (EC)
No 850/2004 with some amendments to reflect the
(1) Annex
XVII
to
Regulation
(EC)
No
1907/2006
COP 4 Decision.
introduces restrictions to the placing on the market
and use of Diphenylether, pentabromo derivative and
perfluorooctane sulfonates (PFOS) under entries 44
and 53.
(5) As
a
consequence,
restrictions
on
Diphenylether,
pent
abromo derivative and PFOS in Annex XVII to Regu
lation (EC) No 1907/2006 are superfluous and entries
(2) Regulation
(EC)
No
850/2004
of
the
European
44 and 53 should be deleted.
Parliament and of the Council of 29 April 2004 on
persistent organic pollutants and amending Directive
79/117/EEC ( 2 ) implements in Union law the
commitments set out in the Stockholm Convention on
Persistent Organic Pollutants, hereinafter ‘the (6) The
measures
provided
for
in
this
Regulation
are
in
Convention’, approved by Council Decision
accordance with the opinion of the Committee estab
2006/507/EC ( 3 ) and in the 1998 Protocol to the 1979
lished under Article 133 of Regulation (EC) No
Convention on Long-Range Transboundary Air Pollution
1907/2006,
on Persistent Organic Pollutants, hereinafter ‘the
Protocol’, approved by Council Decision
2004/259/EC ( 4 ).
HAS ADOPTED THIS REGULATION:
(3) Following
nominations
of
substances
received
from
the
European Union and its Member States, Norway and
Mexico, the Persistent Organic Pollutants Review
Committee established under the Convention has
Article 1
In Annex XVII to Regulation (EC) No 1907/2006 entries 44
( 1 ) OJ L 396, 30.12.2006, p. 1.
and 53 are deleted.
( 2 ) OJ L 158, 30.4.2004, p. 7.
( 3 ) OJ L 209, 31.7.2006, p. 1.
( 4 ) OJ L 81, 19.3.2004, p. 35.
( 5 ) OJ L 223, 25.8.2010, p. 29.

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L 58/28
EN
Official Journal of the European Union
3.3.2011
Article 2
This Regulation shall enter into force on the third day following its publication in the Official Journal of the
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 March 2011.
For the Commission
The President
José Manuel BARROSO

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