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REACH

Restrictions

Entry 58 of Annex XVII to REACH - Ammonium Nitrate

Does the derogation to the prohibition of supply of mixtures containing more than 16% of ammonium nitrate in paragraph 2(a) of Entry 58 of Annex XVII cover only downstream users and distributors who have a licence under Council Directive 93/15/EEC on civil explosives (OJ L 010, 16.01.1993 p.19) or whether it covers all downstream users and distributors?

In entry 58, the terms "including natural or legal persons licensed or authorised in accordance with Council Directive 93/15/EEC" should be read as an example of operators that benefit from the exemption. Therefore the derogation in paragraph 2(a) covers all downstream users and distributors as defined in Article 3(13) and 3(14) of REACH. As a consequence, mixtures containing more than 16% of nitrogen in relation to ammonium nitrate may be placed on the market after 27 June 2010 for supply to downstream users and distributors as defined in REACH. As consumers are not downstream users nor distributors, mixtures containing more than 16% of nitrogen in relation to ammonium nitrate may not be placed on the market for supply to consumers.

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