DCM Restriction

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Decision No 455/2009/EC of 6 May 2009 amending Directive 76/769/EEC as regards restrictions on the marketing and use of dichloromethane

On 6 May 2009 the European Parliament and The Council of the European Union this decision that Annex I to Directive 76/769/EEC is amended as follows:

1. Paint strippers containing dichloromethane (CAS No 75-09-2; EC No 200-838-9) in a concentration equal to or.greater than 0,1% by weight shall not be:

...a.placed on the market for the first time for supply to the general public or to professionals after 6 December 2010;

...b.placed on the market for supply to the general public or to professionally after 6 December 2011;

...c.used by professionals after 6 June 2012.

....For the purposes of this entry:

(i) “professional” means any natural or legal person, including workers and self-employed workers undertaking paint stripping in the course of their professional activity outside an industrial installation;

(ii) “industrial installation” means a facility used for paint stripping activities.

2. By way of derogation from paragraph 1, Member States may allow licensed professionals to use dichloromethane in paint strippers under stricter conditions. The European Commission will publish a list of countries that have applied for derogation.

For the complete text please read the Decision.
Links: - 2009.05.06 DCM restriction 455.2009.EC
       - 2009.06.06 DCM Beschränkung 455.2009.EG

On 1 June 2009 Directive 76/769/EEC was replaced by the REACH Directive and made it necessary to that the DCM paint stripper restriction needs to be covered under REACH as well.
This was achieved on 31 March 2010 with the Commission regulation (EU) No 276/2010 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII (dichloromethane, lamp oils and grill lighter fluids and organostannic compounds).
Links: - 2010.03.31 EU Regulation 276 DCM restriction REACH

       - 2010.03.31 Verordnung (EU) 276 DCM Beschränkung REACH

 

What does it mean? 
The DCM restriction includes a schedule with certain deadlines.
For a correct interpretation of the schedule one needs to realize that “placing on the market for the first time” does not describe a moment in time but a position in a “supply chain” as it is defined under REACH.

REACH Art 3 Definitions
12. placing on the market: means supplying or making available, whether in return for payment or free of charge, to a third party. Import shall be deemed to be placing on the market;

 

Producers and importers of DCM paint strippers for professional (decorators) and private use (consumers) place (by definition) the product for the first time on the market of an EU member state and will no longer be allowed to do this after 6 December 2010. This deadline has passed!

Retailers can purchase DCM paint strippers from producers and importers until 6 December 2010 and sell off their stock to professional and private users until 6 December 2011. This deadline has passed!

DCM paint strippers will no longer be available to Consumers after 6 December 2011. This deadline has passed!

Professionals can purchase DCM paint strippers from retailers until 6 December 2011 and are allowed to use them until 6 June 2012. This deadline has passed!
Thereafter DCM paint removers are no longer allowed for stripping for professional use in the EU except a Member State would allow the use of dichloromethane to a licensed professional and has applied for derogation.

There is no restriction to the supply of DCM paint strippers for industrial installations.