Part A Substances listed in the Convention and in the Protocol as well as substances listed only in the Convention

For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of tetrabromodiphenyl ether equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances.

For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, point (b) of Article 4(1) shall apply to the sum of the concentration of those substances up to 500 mg/kg where they are present in mixtures or articles, subject to review and assessment by the F5appropriate authority by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment.

electrical and electronic equipment within the scope of F6the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012.

Use of articles already in use in the Union before 25 August 2010 containing tetrabromodiphenyl ether shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.

For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of pentabromodiphenyl ether equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances.

For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, point (b) of Article 4(1) shall apply to the sum of the concentration of those substances up to 500 mg/kg where they are present in mixtures or articles, subject to review and assessment by the F7appropriate authority by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment.

electrical and electronic equipment within the scope of F8the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012.

Use of articles already in use in the Union before 25 August 2010 containing pentabromodiphenyl ether shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.

For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of hexabromodiphenyl ether equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances.

For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, point (b) of Article 4(1) shall apply to the sum of the concentration of those substances up to 500 mg/kg where they are present in mixtures or articles, subject to review and assessment by the F9appropriate authority by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment.

electrical and electronic equipment within the scope of F10the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012.

Use of articles already in use in the Union before 25 August 2010 containing hexabromodiphenyl ether shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.

For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of heptabromodiphenyl ether equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances.

For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, point (b) of Article 4(1) shall apply to the sum of the concentration of those substances up to 500 mg/kg where they are present in mixtures or articles, subject to review and assessment by the F11appropriate authority by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment.

electrical and electronic equipment within the scope of F12the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012.

Use of articles already in use in the Union before 25 August 2010 containing heptabromodiphenyl ether shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.

For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of decaBDE equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances.

For the purposes of the entries on tetra-, penta-, hexa-, hepta- and decaBDE, point (b) of Article 4(1) shall apply to the sum of the concentrations of those substances up to 500 mg/kg where they are present in mixtures or articles, subject to review and assessment by the F13Secretary of State by 16 July 2021. This review shall assess, inter alia, all relevant impacts with regard to health and the environment.

By way of derogation, the manufacturing, placing on the market and use of decaBDE are allowed for the following purposes:

1. (a)

   in the manufacturing of an aircraft, for which type approval was applied for before 2 March 2019 and was received before December 2022, until 18 December 2023, or, in cases where the continuing need is justified, until 2 March 2027;

2. (b)

   in the manufacturing of spare parts for either of the following:

   1. (i)

      an aircraft, for which type approval was applied for before 2 March 2019 and was received before December 2022, produced before 18 December 2023, or, in cases where the continuing need is justified, produced before 2 March 2027, until the end of service life of that aircraft;

   2. (ii)

      a motor vehicle within the scope of Regulation (EU) 2018/858 of the European Parliament and of the Council on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC and produced before 15 July 2019, either until 2036 or the end of service life of that motor vehicle, whichever date comes earlier;

3. (c)

   electric and electronic equipment within the scope of the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations 2012.

1. (a)

   powertrain and under-hood applications such as battery mass wires, battery interconnection wires, mobile air condition (MAC) pipes, powertrains, exhaust manifold bushings, under- hood insulation, wiring and harness under-hood (engine wiring, etc.), speed sensors, hoses, fan modules and knock sensors;

2. (b)

   fuel system applications such as fuel hoses, fuel tanks and fuel tanks under body;

3. (c)

   pyrotechnical devices and applications affected by pyrotechnical devices such as airbag ignition cables, seat covers/fabrics (only if airbag relevant) and airbags (front and side).

Use of articles already in use before 15 July 2019 in the Union containing decaBDE shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.

Without prejudice to the application of other F15F16assimilated law on the classification, packaging and labelling of substances and mixtures, articles in which decaBDE is used shall be identifiable by labelling or other means throughout its life cycle.

The placing on the market and use of articles containing decaBDE imported for the purposes of the specific exemptions in point 3 shall be allowed until the expiry of those exemptions. Point 6 shall apply as if such articles were produced pursuant to the exemption in point 3. Such articles already in use by the date of expiry of the relevant exemption may continue to be used.

1. (a)

   a civil aircraft produced in accordance with a type certificate issued under Regulation (EC) No 216/2008 of the European Parliament and of the Council^f1 or with a design approval issued under the national regulations of a contracting state of 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;

2. (b)

   a military aircraft.

For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of PFOS equal to or below 10 mg/kg (0,001 % by weight) where it is present in substances or in mixtures.

For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of PFOS in semi-finished products or articles, or parts thereof, if the concentration of PFOS is lower than 0,1 % by weight calculated with reference to the mass of structurally or micro-structurally distinct parts that contain PFOS or, for textiles or other coated materials, if the amount of PFOS is lower than 1 μg/m² of the coated material.

Use of articles already in use in the Union before 25 August 2010 containing PFOS shall be allowed. Article 4(2), third and fourth subparagraphs shall apply in relation to such articles.

Where such a derogation concerns production or use in an installation within the scope of F20the Permitting Regulations, the relevant best available techniques for the prevention and minimisation of emissions of PFOS F21... shall apply.

F22As soon as new information on details of uses and safer alternative substances or technologies becomes available, the F23appropriate authority shall review the derogation in the second subparagraph so that:

Once standards are adopted by the European Committee for Standardisation (CEN) they shall be used as the analytical test methods for demonstrating the conformity of substances, mixtures and articles to points 1 and 2. Any other analytical method for which the user can prove equivalent performance could be used as an alternative to the CEN standards.

Placing on the market and use of articles already in use before or on 10 July 2012 containing endosulfan shall be allowed.

Article 4(2), third and fourth subparagraphs shall apply to articles referred to in point 1.

F24For the purposes of this entry, Article 4(1)(b) applies where the concentration of hexachlorobenzene present in a substance, mixture or article is equal to or below 10 mg/kg (0.001% by weight).

For the purposes of this entry, point (b) of Article 4(1) shall apply to concentrations of hexabromocyclododecane equal to or below 100 mg/kg (0,01 % by weight) where it is present in substances, mixtures, articles or as constituents of the flame-retarded articlesF27....

Expanded polystyrene articles containing hexabromocyclododecane already in use in buildings before 21 February 2018 in accordance with Commission Regulation (EU) 2016/293^f2 and Commission Implementing Decision No 2016/C 12/06^f3, and extruded polystyrene articles containing hexabromocyclododecane already in use in buildings before 23 June 2016 may continue to be used. Article 4(2), third and fourth subparagraphs shall apply to such articles.

Without prejudice to the application of other F28F29assimilated law on the classification, packaging and labelling of substances and mixtures, expanded polystyrene placed on the market after 23 March 2016 in which hexabromocyclododecane was used shall be identifiable by labelling or other means throughout its life cycle.

Placing on the market and use of articles already in use before or on 10 July 2012 containing hexachlorobutadiene shall be allowed.

Article 4(2), third and fourth subparagraphs shall apply to articles referred to in point 1.

F30For the purposes of this entry, Article 4(1)(b) applies where the sum of the concentrations of pentachlorophenol, any of its salts, and any of its esters present in a substance, mixture or article is equal to or below 5 mg/kg (0.0005% by weight).

Placing on the market and use of articles already in use before or on 10 July 2012 containing polychlorinated naphthalenes shall be allowed.

Article 4(2), third and fourth subparagraphs shall apply to articles referred to in point 1.

By way of derogation, the manufacturing, placing on the market and use of substances or mixtures containing SCCPs in concentrations lower than 1 % by weight or articles containing SCCPs in concentrations lower than 0,15 % by weight shall be allowed.

1. (a)

   conveyor belts in the mining industry and dam sealants containing SCCPs already in use before or on 4 December 2015; and

2. (b)

   articles containing SCCPs other than those referred to in point (a) already in use before or on 10 July 2012.

The third and fourth subparagraphs of Article 4(2) shall apply to the articles referred to in point 2.