Substance

Restriction

‘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.