# Commission Regulation (EU) 2017/227 of 9 February 2017 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards bis(pentabromophenyl)ether (Text with EEA relevance), Annex

Extent: E+W+S+N.I.

In Annex XVII to Regulation (EC) No 1907/2006, the following entry is added:
Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OL L 60, 2.3.2013, p. 1).
Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (OJ L 157, 9.6.2006, p. 24).
Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (OJ L 79 19.3.2008, p. 1).’
‘67.
Bis(pentabromophenyl)ether
(decabromodiphenyl ether; decaBDE)
CAS No 1163-19-5
EC No 214-604-9
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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Source: https://www.legislation.gov.uk/eur/2017/227/annex (the official version)
Page: https://openlegislation.uk/eu-regulation-2017-227/annex
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.