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Entry 50 of Annex XVII to REACH - Polycyclic aromatic hydrocarbons (PAHs)
Does the restrictions provided in Entry 50 concerning on PAHs in tyres cover mobile machinery?
Entry 50 to Annex XVII as enacted by Commission Regulation 552/2009 restricts the use of PAH in tyres for "vehicles covered by Directive 2007/46/EC establishing a framework for the approval of motor vehicles and their trailers".
Article 2 of Directive 2007/46 defines its scope. Paragraph 1 lists the vehicles designed for use on roads.
Article 2 of Directive 2007/46, Paragraph 3 lists the following vehicles:
a) vehicles designed and constructed for use principally on construction sites or in quarries, port or airport facilities;
b) vehicles designed and constructed for use by the armed services, civil defence, fire services and forces responsible for maintaining public order;
c) mobile machinery.
Article 2 of Directive 2007/46, paragraph 4 lists the following vehicles:
a) vehicles intended exclusively for racing on roads;
b) prototypes of vehicles used on the road under the responsibility of a manufacturer to perform a specific test programme provided they have been specifically.
In addition the definition of "motor vehicle" in point 11 of Article 3 requires that the vehicles covered should have a maximum design speed limit exceeding 25 km/h. In conclusion the restriction in Entry 50 covers the tyres for vehicles listed in the Article 2 paragraph 1, 3 and 4 of Directive 2007/46/EC which have a maximum design speed limit exceeding 25 km/h. Tyres of mobile machinery with a maximum design speed limit exceeding 25 km/h are therefore covered by the restriction and have to comply with the conditions set in the entry 50.