Testing

LeadCAS No 7439-92-1EC No 231-100-4and its compounds

15. Shall not be used in articles produced from polymers or copolymers   of vinyl chloride (‘PVC’).

16. Shall not be placed on the market in PVC articles if the concentration   of lead (expressed as Pb metal) is equal to or greater than 0,1 % by weight   of the PVC material.

17. Paragraphs 15 and 16 shall apply with effect from [OP, please insert   the date corresponding to 24 months + 1 day after the entry into force of   this Regulation].

18. By way of derogation, paragraphs 15 and 16 shall not apply to   the following PVC articles containing recovered rigid PVC until [OP, please   insert the date corresponding to 10 years after the entry into force of this   Regulation], if the concentration of lead (expressed as metal) is lower than   1,5 % by weight of the recovered rigid PVC and, where a layer of newly   produced PVC or other material covers the recovered rigid PVC, the   concentration of lead (expressed as metal) is lower than 0,1 % by weight in   that layer:

(a) profiles and sheets for exterior applications in buildings and   civil engineering works, excluding decks and terraces;

(b) profiles and sheets for decks and terraces, provided that the recovered   PVC is used in a middle layer and is entirely covered with a layer of newly   produced PVC or other material;

(c) profiles and sheets for use in concealed spaces or voids in buildings   and civil engineering works (where they are inaccessible during normal use,   excluding maintenance, for example, cable ducts);

(d) profiles and sheets for interior building applications,   provided that the entire surface of the profile or sheet facing the occupied areas   of a building after installation is produced using newly produced PVC or   other material;

(e) multi-layer pipes (excluding pipes for drinking water),provided   that the recovered PVC is used in a middle layer andis entirely covered with   a layer of newly produced PVC or other material;

(f) fittings, excluding fittings for pipes for drinking water.

Rigid PVC recovered from the categories of articles referred to in   points (a) to (d) shall only be used for the production of new articles of any   of those categories.

Suppliers of PVC articles containing recovered rigid PVC with a concentration   of lead (expressed as metal) equal to or greater than 0,1 % by weight of the   PVC shall ensure, before placing those articles on the market, that they are   visibly, legibly and indelibly marked with the statement: “Contains lead”.   Where the marking cannot be provided on the article due to the nature of the   article, it shall be on the packaging of the article.

Suppliers of PVC articles containing recovered rigid PVC shall   submit to national enforcement authorities upon request documentary evidence   to substantiate the claims on the recovered origin of the PVC in those articles.   Certificates issued by schemes to provide proof of traceability and recycled   content, such as those developed according to EN 15343:2007 or equivalent   recognised standards, may be used to substantiate such claims for PVC   articles produced in the Union. Claims made on the recovered origin of the   PVC in imported articles shall be

accompanied by a certificate that provides equivalent proof of traceability   and recycled content, issued by an independent third party.

By [OP, please insert a date corresponding to 5 years after the   entry into force of this Regulation], the Commission shall review this paragraph   in light of new scientific information and, if appropriate,

modify it accordingly.

19. By way of derogation, paragraphs 15 and 16 shall not apply to:(a)   PVC-silica separators in lead acid batteries, until [OP, please insert a date   corresponding to 10 years after the entry into force of this Regulation];

(b) articles covered by paragraph 1, in accordance with paragraphs   2 to 5, and by paragraph 7 in accordance with paragraphs 8 and 10;

(c) articles within the scope of:

(i) Regulation (EC) No 1935/2004;

(ii) Directive 2011/65/EU;

(iii) Directive 94/62/EC;

(iv) Directive 2009/48/EC.

20. By way of derogation, paragraph 16 shall not apply to PVC   articles placed on the market until [OP, please insert a date corresponding   to 24 months after the entry into force of this Regulation]