Amendments to Annex I to Delegated Regulation (EU) 2021/2139
ANNEX XIISupplementary provisions
ANNEX XII Amendments to Annex I to Delegated Regulation (EU) 2021/2139 Appendix C to Annex I to Delegated Regulation (EU) 2021/2139 is replaced by the following: ‘Appendix C GENERIC CRITERIA FOR DNSH TO POLLUTION PREVENTION AND CONTROL REGARDING USE AND PRESENCE OF CHEMICALS The activity does not lead to the manufacture, placing on the market or use of: (a) substances, whether on their own, in mixtures or in articles, listed in Annexes I or II to Regulation (EU) 2019/1021, except in the case of substances present as an unintentional trace contaminant; (b) mercury and mercury compounds, their mixtures and mercury-added products as defined in Article 2 of Regulation (EU) 2017/852 of the European Parliament and of the Council ( 1 ) ; (c) substances, whether on their own, in mixture or in articles, listed in Annexes I or II to Regulation (EU) 2024/590 of the European Parliament and of the Council ( 2 ) , except for any of the following: (i) substances listed in Annex I to that Regulation under the conditions of exemptions that apply under that Regulation; (ii) substances listed in Annex II to that Regulation for the type of uses permitted for substances listed in Annex I to that Regulation; (iii) substances listed in Annex II to that Regulation that are used in fire extinguishers on aircraft or in fire protection systems on aircraft; (d) substances, whether on their own, in mixtures or in articles, listed in Annex II to Directive 2011/65/EU, except where there is full compliance with the applications listed in Annexes III and IV of that Directive; (e) substances, whether on their own, in mixtures or in an article, listed in Annex XVII to Regulation (EC) No 1907/2006, except where there is full compliance with the conditions specified in that Annex; (f) substances, whether on their own, or in mixtures or in an article, in a concentration above 0,1 % weight by weight (w/w), and meeting the criteria laid down in Article 57 of Regulation (EC) No 1907/2006 and that were identified in accordance with Article 59(1) of that Regulation for a period of at least 18 months, except if it is assessed and documented by the operators that no other suitable alternative substances or technologies are available on the market, and that they are used under controlled conditions. ’ ( 1 ) Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008 ( OJ L 137, 24.5.2017, p. 1 , ELI: http://data.europa.eu/eli/reg/2017/852/oj ). ( 2 ) Regulation (EU) 2024/590 of the European Parliament and of the Council of 7 February 2024 on substances that deplete the ozone layer, and repealing Regulation (EC) No 1005/2009 ( OJ L, 2024/590, 20.2.2024, ELI: http://data.europa.eu/eli/reg/2024/590/oj ).