In the first place, this draft Commission Regulation aims to include within the scope of entries 28 to 30 of Annex XVII to Regulation (EC) No 1907/2006 several substances, with the effect of restricting their placing on the market or use for supply to the general public as substances on their own, as constituents of other substances or in mixtures and to impose the requirement to mark packaging with the label "restricted to professional users". This is consequent on the recent classification of these substances as CMR category 1A or 1B under Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, as amended by Commission Regulation (EU) 2018/1480 and Commission Delegated Regulation (EU) 2020/217.
Moreover, this draft Commission Regulation aims to:
- delete three entries from Annex XVII to the REACH Regulation, as the substances concerned have been, or are about to be, incorporated into Regulation 2019/2012 on persistent organic pollutants;
- include an exemption, from the aforementioned entries 28 to 30, for devices covered by Regulation (EU) 2017/745 on medical devices;
- delete an obsolete paragraph mandating a review of the restriction on liquid substances or mixtures;
- delete obsolete references to “R phrases” from the restriction on liquid substances or mixtures;
- delete obsolete references to CMR classifications under Directive 67/548 from the titles of Appendixes 1-6 of Annex XVII;
- update the references to testing methods for azocolourants in Appendix 10 of Annex XVII, to reflect technical progress;
- and finally delete the CAS and EC numbers from entry 46 of Annex XVII, as their inclusion, in 2009, inadvertently reduced the scope of this entry, and the original intention of the legislator should be reflected again.