Lead in Paint Derogation

La demande est réussie.

Justice and Environment

Dear European Chemicals Agency,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

According to the REACH Regulation, Annex XVII, Points 16 and 17, lead carbonates and lead sulphates shall not be placed on the market, or used, as substances or in mixtures, where the substance or mixture is intended for use as paint.

However, Member States may, in accordance with the provisions of International Labour Organization (ILO) Convention 13, permit the use on their territory of the substance or mixture for the restoration and maintenance of
works of art and historic buildings and their interiors, as well as the placing on the market for such use. Where a Member State makes use of this derogation, it shall inform the Commission thereof.

We are kindly asking the Commission to send us the list of Member States and other countries applying the REACH that have informed the Commission about their intention to use this derogation.

Yours faithfully,

Justice and Environment
Udolni 33, Brno, 602 00, Czech Republic

ECHA ATD, Agence européenne des produits chimiques

Dear Sir or Madam,


Thank you for your application of 21 January 2016, registered the same
day, seeking access to documents.


You have requested access to document that contain notification from
Member States to the Commission on the derogation from restriction of lead
carbonates and lead sulphates pursuant to Annex XVII of REACH Regulation,
Points 16 and 17, under the provisions of International Labour
Organization (ILO) Convention 13.


I regret to inform you that no documents were found that correspond to the
description given in your application.


According to Article 2(3) of the Regulation (EC) No 1049/2001, ECHA can
only provide access to documents that are in the possession of the
institution and hence we are not in a position to meet your request.
Indeed, ECHA does not hold any document containing such derogation.


Therefore, we advise that you send your request directly to DG GROW of the
European Commission as they are the most likely to hold any documents as
the restriction was made under Directive 76/769/EC for which their
predecessor DG ENTR was responsible. The amendment to include the
requirement for the Member States to inform of the use of the derogation
was made as technical amendment to Annex XVII of the REACH Regulation, but
the text explicitly refers to the Commission as the receiver of that


[1][email address]

For your convenience, from the below database you may find the original
restriction and all the amendments (see entry and then history):


[2]Substances restricted under REACH - ECHA



Kind regards,


Access to documents team

European Chemicals Agency


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