Recent Restrictions

Lead Paint (Annex XVII entry numbers 16 & 17)

Lead may not be used in paints, except for the restoration and maintenance of works of art and historic buildings and their interiors. Its use is also restricted to professional users only. Therefore the user of lead paint in Ireland must justify that they are using the paint to restore or maintain a work of art or historic building. Historic buildings are defined as those structures included or proposed to be included, in the Record of Protected Structures as maintained by the Local Planning Authority in the area where the building is located. The user must also confirm that the work will be carried out in accordance with the requirements of the Safety, Health and Welfare at Work Chemical Agents Regulations, S.I. 619 of 2001: Users of lead paint should Lead Authorisation Form complete a and submit it to the HSA prior to use of lead containing paint.

Useful advice on lead paint is available from DEFRA, UK.

Phthalates in children‘s toys (Annex XVII entry nos. 51 & 52)

Phthalates are plasticisers which are added to PVC in order to make it more soft and pliable. They are used in range of children‘s toys and childcare articles. Phthalates in toys could pose a toxicological risk to infants as a result of chewing or sucking of toys and childcare articles.

On the 14th December 2005 Directive 2005/84/EC amended Council Directive 76/769/EC for the 22nd time, placing a permanent restriction on their marketing and use of phthalates in toys and childcare articles. This Directive prohibits of the use of the 6 phthalates: bis (2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), benzyl butyl phthalate (BBP), di-isononyl phthalate (DINP), di-isodecyl phthalate (DIDP) and di-n-octyl phthalate (DNOP) in toys and childcare articles. DEHP, DBP and BBP were banned from all toys and childcare articles as they have been classified as toxic to reproduction category 2 and had been subject to the risk assessment process under Regulation (EC) No. 793/93. As the scientific information on DINP, DIDP and DNOP is more limited and the ban on these substances is more precautionary, the scope of the ban on these 3 phthalates is limited to toys and childcare articles which can be placed in the mouth by children. 

The EU Commission Services have issued a Guidance Document on the interpretation of the concept "which can be placed in the mouth". This is not legally binding and does not modify or amend the Directive in any way. This Directive is also of relevance to the National Consumer Agency as they are responsible for enforcement of the Toy Safety Directive.

Mercury-containing measuring devices (Annex XVII entry no. 18a)

Fever thermometers containing mercury and other measuring devices intended for sale to the general public (e.g. manometers, barometers, sphygmomanometers, thermometers other than fever thermometers) may not be placed on the market after 3 April 2009. The restrictions do not apply to measuring devices that are more than 50 years old on 3rd October 2007. In addition, barometers are subject to an additional phase-out period until the 3rd October 2009. 

By 3 October 2009 the Commission shall carry out a review of the availability of reliable safer alternatives that are technically and economically feasible for mercury-containing sphygmomanometers and other measuring devices in healthcare and in other professional and industrial uses.

Information note on EU ban on mercury-containing measuring devices

Methylenediphenyl diisocyanate (MDI) in consumer products (Annex XVII entry no. 56)

On the 16th December 2008, Decision No. 1348/2008/EC amended Council Directive 76/769/EC, placing a restriction on the marketing and use of MDI.

After 27 December 2010 preparations containing MDI as a constituent, in concentrations equal to or greater than 0.1% by mass, shall be prohibited for supply to the general public unless the packaging:

(a) Contains protective gloves which comply with the requirements of the Personal Protective Equipment Directive 89/686/EEC

(b) Is marked visibly, legibly and indelibly as follows (without prejudice to other legislation on classification, packaging and labelling):

“Persons already sensitised to diisocyanates may develop allergic reactions when using this product

Persons suffering from asthma, eczema or skin problems should avoid contact including dermal contact, with this product

This product should not be used under conditions of poor ventilation unless a protective mask with an appropriate gas filter (i.e. type A1 according to standard EN 14387) is used”

Hot melt adhesives containing MDI in concentrations greater than or equal to 0.1% are excluded from the requirement to include protective gloves in the packaging.

Cyclohexane in neoprene-based contact adhesives (Annex XVII entry no. 57)

On the 16th December 2008, Decision No. 1348/2008/EC amended Council Directive 76/769/EC, placing a restriction on the marketing and use of cyclohexane in neoprene-based contact adhesives.

After 27 June 2010, neoprene-based contact adhesives containing cyclohexane as a constituent, in concentrations equal to or greater than 0.1% by mass, must not be placed on the market for the first time, for supply to the general public in package sizes greater than 350g.

Neoprene-based contact adhesives containing cyclohexane that had already been placed on the market for the first time, for sale to the general public in package sizes greater than 350g before the 27 June 2010 deadline, have until the 27 December 2010 to be sold or removed from the market.

Neoprene-based contact adhesives containing cyclohexane as a constituent, in concentrations equal to or greater than 0.1% by mass, which are placed on the market for supply to the general public after 27 December 2010 must be labelled:

“This product is not to be used under conditions of poor ventilation

This product is not to be used for carpet laying”

This labelling shall be visibly, legibly and indelibly marked as and from 27 December 2010 and must also comply with other legislation on classification, packaging and labelling).

2-(2-methoxyethoxy)ethanol (DEGME) in paint, cleaning and sealant consumer products (Annex XVII entry no. 54)

On the 16th December 2008, Decision No. 1348/2008/EC amended Council Directive 76/769/EC, placing a restriction on the marketing and use of DEGME in paints, paint strippers, cleaning agents, self-shining emulsions or floor sealants.

After 27 June 2010, DEGME may not be placed on the market for supply to the general public, as a constituent in paints, paint strippers, cleaning agents, self-shining emulsions or floor sealants as a constituent, in concentrations equal to or greater than 0.1% by mass.

2-(2-butoxyethoxy)ethanol (DEGBE) in spray paints and spray cleaners in aerosol dispensers (Annex XVII entry no. 55)

On the 16th December 2008, Decision No. 1348/2008/EC amended Council Directive 76/769/EC, placing a restriction on the marketing and use of DEGBE in spray paints, or spray cleaners in aerosol dispensers.

After 27 June 2010, DEGBE may not be placed on the market for the first time for supply to the general public, as a constituent in paints, or spray cleaners in aerosol dispensers, in concentrations equal to or greater than 0.1% by mass.

Spray paints and spray cleaners in aerosol dispensers, which contain DEGBE in concentrations equal to or greater than 0.1% and which have already been placed on the market for the first time, for sale to the general public before the 27 June 2010 deadline, have until the 27 December 2010 to be sold/removed from the market.

Paints (excluding spray paints) containing DEGBE in concentrations equal to or greater than 3% by mass, which are placed on the market for supply to the general public, must be labelled:

“Do not use in paint spraying equipment”.

This labelling shall be visibly, legibly and indelibly marked as and from 27 December 2010 and must also comply with other legislation on classification, packaging and labelling).

Ammonium Nitrate (AN) in fertilisers (Annex XVII entry no. 58)

On the 16th December 2008, Decision No. 1348/2008/EC amended Council Directive 76/769/EC, placing a restriction on the marketing and use of AN in fertilisers.

1. After 27 June 2010, AN may not be placed on the market for the first time as a substance, or in a preparation that contains more than 28% by mass of nitrogen in relation to AN, for use as a solid fertiliser, straight or compound, unless the fertiliser complies with the technical provisions for AN fertilisers of high nitrogen content set out in Annex III to Regulation (EC) No. 2003/2003 relating to fertilisers.

2. After 27 June 2010, AN shall not be placed on the market as a substance, or in a preparation that contains 16% or more by mass of nitrogen in relation to AN for supply to:

(a) Downstream users and distributors, including natural or legal persons licensed or authorised in accordance with Council Directive 93/15/EEC on harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil use

(b) Farmers for use in agricultural activities, either full time or part time and not necessarily related to the size of the land area

Definitions of the terms ‘farmer’, agricultural activity’ are given in the text of Decision No. 1328/2008/EC

(c) Natural or legal persons engaged in professional activities such as horticulture, plant growing in greenhouses, maintenance of parks, gardens or sport pitches, forestry or other similar activities

3. For restrictions in paragraph (2), Member States may until 1 July 2014, for socioeconomic reasons, apply a limit of up to 20% by mass of nitrogen in relation to AN for substances, preparations placed on the market within their territories. Any Member State who avails of this provision shall inform the Commission and other Member States of this fact.

Deleted Restrictions

Diphenylether, pentabromo derivative (Annex XVII entry no. 44 - deleted)

Entry no. 44 of Annex XVII to the REACH Regulation contained a restriction on diphenylether, pentabromo derivative. It was prohibited to place on the market or use diphenylether, pentabromo derivative as a substance or in mixtures at a concentration greater than 0.1% by weight. It was also prohibited to place articles on the market if they, or flame-retarded parts thereof, contain this substance in concentrations greater than 0.1% by weight. A derogation from this restriction was given to:

  • Articles that were in use in the Community before 15 August 2004 and
  • Electrical and electronic equipment within the scope of Directive 2002/95/EC of the European Parliament and the Council.

However, the restriction on diphenylether, pentabromo derivative has now been deleted from Annex XVII. The reason for this deletion is that Commission Regulation (EU) No. 757/2010 amended Annex I to Regulation (EC) No. 850/2004 of the European Parliament and of the Council on persistent organic pollutants to include diphenyl, pentabromo derivative. Regulation (EC) No. 850/2004 prohibits the production and placing on the market of the substances listed in Annex I. The derogations applicable to diphenyl, pentabromo derivative under REACH in Annex XVII were carried over (with slight modification) to the listed in Annex I to Regulation (EC) No. 850/2004.

Perfluorooctane sulphonates (PFOS) (Annex XVII entry no. 53 - deleted)

Perfluorooctane sulfonates (PFOS) are commercially available in the form of salts, derivatives and polymers. PFOS-related substances are mainly found in grease, oil and water resistance to materials such as textiles, carpets, paper and in general coating. The substances used in these areas are largely PFOS-polymers for fabrics and PFOS-substances for paper treatment and coatings. Other smaller volume uses are in chromium plating, photography, photolithography, fire fighting foams and in hydraulic fluids for aviation.

Entry no. 53 of Annex XVII to the REACH Regulation contained a restriction on PFOS. The following four essential uses were granted derogation from restriction:

  1. Photoresists or anti-reflective coatings for photo-lithographic processes;
  2. Photographic coatings applied to films, papers or printing plates;
  3. Mist suppressants for non-decorative Cr (VI) plating and wetting agents for use in controlled electroplating systems;
  4. Hydraulic fluids for aviation.

Fire fighting foams placed on the market before 27th December 2006 were permitted to be used until June 2011.

However, the PFOS restriction has now been deleted from Annex XVII. The reason for this deletion is that Commission Regulation (EU) No. 757/2010 amended Annex I to Regulation (EC) No. 850/2004 of the European Parliament and of the Council on persistent organic pollutants to include PFOS. Regulation (EC) No. 850/2004 prohibits the production and placing on the market of the substances listed in Annex I. The derogations applicable to PFOS under REACH in Annex XVII were carried over (with slight modifications) to the listed in Annex I to Regulation (EC) No. 850/2004.