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The European Commission has published Commission Regulation (EU) 2017/227 amending Annex XVII to REACH Regulation (EC) No 1907/2006 by adding entry 67 for decabromodiphenyl ether (decaBDE) on 10 February 2017. This Regulation shall enter into force on 2 March 2017, and the restrictions for decaBDE shall be fulfilled by 2 March 2019.
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Substance
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Restriction
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Bis(pentabromophenyl)ether (decabromodiphenyl ether; decaBDE)
CAS No 1163-19-5 EC No 214-604-9
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1. Shall not be manufactured or placed on the market as a substance on its own after 2 March 2019.
2. Shall not be used in the production of, or placed on the market in:
(a) another substance, as a constituent;
(b) a mixture;
(c) an article, or any part thereof, in a concentration equal to or greater than 0,1 % by weight, after 2 March 2019.
3. Paragraphs 1 and 2 shall not apply to a substance, constituent of another substance or mixture that is to be used, or is used:
(a) in the production of an aircraft before 2 March 2027.
(b) in the production of spare parts for either of the following:
(i) an aircraft produced before 2 March 2027;
(ii)motor vehicles within the scope of Directive 2007/46/EC,
agricultural and forestry vehicles within the scope of Regulation (EU) No 167/2013 of the European Parliament and of the Council(*) or machinery within the scope of Directive 2006/42/EC of the European Parliament and of the Council(**), produced before 2 March 2019.
4. Subparagraph 2(c) shall not apply to any of the following:
(a) articles placed on the market before 2 March 2019;
(b) aircraft produced in accordance with subparagraph 3(a);
(c) spare parts of aircraft, vehicles or machines produced in accordance with subparagraph 3(b);
(d) electrical and electronic equipment within the scope of Directive 2011/65/EU.
5. For the purposes of this entry ‘aircraft’ means one of the following:
(a) a civil aircraft produced in accordance with a type certificate issued under Regulation (EU) No 216/2008 of the European Parliament and of the Council(***) or with a design approval issued under the national regulations of a contracting State of the International Civil Aviation Organisation (ICAO), or for which a certificate of airworthiness has been issued by an ICAO contracting State under Annex 8 to the Convention on International Civil Aviation;
(b) a military aircraft.
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