On 17 February 2016, the Official Journal of the European Union published Regulation (EU) 2016/217 to amend cadmium restriction under REACH. The amendment aims to extend the existing restriction to the placing on the market of such paints containing cadmium over a concentration of 0,01% by weight.

The original restriction under REACH only prohibits the use of cadmium and cadmium compounds in paints with codes [3208] [3209]. However, the amendment introduces a concentration limit of 0,01% to ensure the unintended presence of cadmium in paints as an impurity below that limit will not result in contravention of the restriction, which may therefore violate against the restriction under REACH.

The amendment to Regulation (EU) 2016/217 is in full alignment with Notification G/TBT/N/EU/294 issued by WTO secretariat in June, which was reported by C&K Testing.
In column 2 of entry 23 of Annex XVII to Regulation (EC) No 1907/2006, paragraph 2 is replaced by the following:

‘Cadmium CAS No 7440-43-9 EC No 231-152-8 and its compounds

2. Shall not be used or placed on the market in paints with codes [3208] [3209] in a concentration (expressed as Cd metal) equal to or greater than 0,01 % by weight. For paints with codes [3208] [3209] with a zinc content exceeding 10 % by weight of the paint, the concentration of cadmium (expressed as Cd metal) shall not be equal to or greater than 0,1 % by weight. Painted articles shall not be placed on the market if the concentration of cadmium (expressed as Cd metal) is equal to or greater than 0,1 % by weight of the paint on the painted article.’

Customs Code [3208] herein refers to paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in a non-aqueous medium; solutions as defined in Note 4 to Chapter 32 of Explanatory Notes to the Harmonised Commodity Description and Coding System.; Customs Code [3209] refers to paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in an aqueous medium.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union and will apply immediately. C&K Testing advises paint producers and suppliers should adjust manufacturing techniques and send products for testing to ensure compliance.

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Further information
Regulation (EU) 2016/217
Annex XVII to REACH (updated on 18 Feb. 2016)
EU intends to extend cadmium restriction under REACH—Reported by C&K Testing in September