DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE 
COUNCIL  
DECISION No 455/2009/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
of 6 May 2009  
amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of 
dichloromethane  
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE 
EUROPEAN UNION,  
Having regard to the Treaty establishing the European 
Community, and in particular Article 95 thereof,  
Having regard to the proposal from the Commission,  
Having regard to the opinion of the European Economic and 
Social Committee (  1 ), 
Acting in accordance with the procedure laid down in 
Article 251 of the Treaty (  2 ), 
Whereas:  
(1) The risks posed to human health by dichloromethane 
(DCM) in paint strippers have been assessed in several 
studies (  3 ) which have concluded that risk reduction 
measures are required throughout the Community to 
reduce the risks posed to human health during the appli ­
cation of DCM at industrial, professional and consumer 
levels. The results of those studies have been evaluated by 
the Commission’s Scientific Committee on Toxicity, 
Ecotoxicity and the Environment (CSTEE — later 
renamed the Scientific Committee on Health and Envi ­
ronmental Risks (SCHER)) which has confirmed that 
exposure to DCM released from paint strippers is of 
concern for human health.  (2) In order to achieve a high level of health protection for 
all use categories (industrial, professional and general 
public), the marketing and use of paint strippers 
containing DCM should be restricted.  
(3) Paint strippers containing DCM are used by members of 
the general public at home to remove paints, varnishes 
and lacquers both indoors and outdoors. The safe use of 
DCM by them cannot be ensured by training or moni ­
toring. Therefore, the only measure effective in elimi ­
nating the risks arising for the general public from 
paint strippers containing DCM is a ban, with respect 
to the general public, on the marketing, supply and use 
of such paint strippers.  
(4) In order to ensure a proportionate enforceability of the 
phase-out along the supply chain of paint strippers 
containing DCM, different dates to prohibit the first 
placing on the market and the final supply to the 
general public and professionals should be fixed.  
(5) As the general public may have, despite the ban, access 
to paint strippers containing DCM through the distri ­
bution chain intended for industrial and professional 
users, a warning phrase should be included on the 
product.  
(6) The fatalities registered in Europe for industrial and 
professional uses over the last 18 years are mainly 
attributed to inadequate ventilation, inappropriate 
personal protective equipment, the use of inadequate 
tanks and overexposure to DCM. Therefore restrictions 
should be imposed to control and reduce the risks 
involved in industrial and professional uses.  
(7) Professionals are generally covered by worker protection 
legislation. However, many professional activities are 
often conducted on customers’ premises which often 
do not have all the appropriate measures to manage, 
control and reduce the risks to health. Moreover, self- 
employed workers are not covered by Community 
worker protection legislation and they would need 
adequate training before removing paint with paint 
strippers containing DCM.EN 3.6.2009 Official Journal of the European Union L 137/3  
( 1 ) OJ C 77, 31.3.2009, p. 29.  
( 2 ) Opinion of the European Parliament of 14 January 2009 (not yet 
published in the Official Journal) and Council Decision of 23 April 
2009.  
( 3 ) Methylene chloride: Advantages and drawbacks of possible market 
restrictions in the EU. TNO-STB study finalised in November 1999, 
http://ec.europa.eu/enterprise/chemicals/studies_en.htm; Effectiveness 
of vapour retardants in reducing risks to human health from paint 
strippers containing dichloromethane by ETVAREAD expert group. 
Final report published in April 2004, 
http://ec.europa.eu/enterprise/chemicals/studies_en.htm; Impact as ­
sessment of potential restrictions on the marketing and use of 
dichloromethane in paint stripper. RPA study finalised in April 
2007, 
http://ec.europa.eu/enterprise/chemicals/studies_en.htm(8) The placing on the market of paint strippers containing 
DCM and their use by professionals should therefore be 
banned in order to protect their health and to reduce the 
number of fatalities and non-fatal accidents. Nevertheless, 
where the replacement of DCM is deemed to be partic ­
ularly difficult or inappropriate, Member States should be 
able to allow further use of DCM by approved profes ­
sionals. Member States should be responsible for granting 
and monitoring such a derogation, which should be 
based on compulsory training with specific requirements. 
However, employers and self-employed workers should 
by preference avoid the use of DCM by replacing it with 
a chemical agent or process which, under its conditions 
of use, presents no risk, or a lower risk, to the health and 
safety of workers.  
(9) The number of fatalities and non-fatal accidents 
registered during industrial activities is an indication of 
inadequate compliance with workplace legislation 
applicable to workers using DCM. Exposure to DCM 
remains high and further risk reduction measures 
should apply to workers in industrial installations. 
Preventive measures to minimise exposure and to 
ensure compliance, where technically possible, with 
relevant occupational exposure limits should be 
adopted, such as effective ventilation of the workplace, 
measures to minimise evaporation of DCM from strip 
tanks, measures for the safe handling of DCM in strip 
tanks, appropriate personal protective equipment and 
adequate information and training.  
(10) Personal protective equipment should comply with 
Council Directive 89/686/EEC of 21 December 1989 
on the approximation of the laws of the Member 
States relating to personal protective equipment (  1 ). 
(11) Council Directive 76/769/EEC of 27 July 1976 on the 
approximation of the laws, regulations and administrative 
provisions of the Member States relating to restrictions 
on the marketing and use of certain dangerous 
substances and preparations (  2 ) should therefore be 
amended accordingly.  (12) This Decision is without prejudice to the Community 
legislation laying down minimum requirements for the 
protection of workers, such as Council Directive 
89/391/EEC of 12 June 1989 on the introduction of 
measures to encourage improvements in the safety and 
health of workers at work (  3 ) and individual Directives 
based thereon, in particular Directive 2004/37/EC of 
the European Parliament and of the Council of 
29 April 2004 on the protection of workers from the 
risks related to exposure to carcinogens or mutagens at 
work (Sixth individual Directive within the meaning of 
Article 16(1) of Council Directive 89/391/EEC) (codified 
version) (  4 ) and Council Directive 98/24/EC of 7 April 
1998 on the protection of the health and safety of 
workers from the risks related to chemical agents at 
work (fourteenth individual Directive within the 
meaning of Article 16(1) of Directive 89/391/EEC) (  5 ), 
HAVE ADOPTED THIS DECISION:  
Article 1  
Annex I to Directive 76/769/EEC is hereby amended in 
accordance with the Annex to this Decision.  
Article 2  
This Decision shall enter into force on the third day following 
its publication in the  Official Journal of the European Union . 
Article 3  
This Decision is addressed to the Member States.  
Done at Strasbourg, 6 May 2009.  
For the European Parliament 
The President  
H.-G. PÖTTERING  For the Council 
The President  
J. KOHOUTEN L 137/4 Official Journal of the European Union 3.6.2009  
( 1 ) OJ L 399, 30.12.1989, p. 18.  
( 2 ) OJ L 262, 27.9.1976, p. 201.  ( 3 ) OJ L 183, 29.6.1989, p. 1.  
( 4 ) OJ L 158, 30.4.2004, p. 50.  
( 5 ) OJ L 131, 5.5.1998, p. 11.ANNEX  
In Annex I to Directive 76/769/EEC, the following entry is added: 
‘(58) 
Dichloromethane 
CAS No: 75-09-2 
EC No: 200-838-9  (1) Paint strippers containing dichloromethane 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 professionals 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 on their territories and for 
certain activities the use, by specifically trained professionals, of paint strippers containing 
dichloromethane and may allow the placing on the market of such paint strippers for supply 
to those professionals. 
Member States making use of this derogation shall define appropriate provisions for the 
protection of the health and safety of those professionals using paint strippers containing 
dichloromethane and shall inform the Commission thereof. 
Those provisions shall include a requirement that a professional shall hold a certificate that is 
accepted by the Member State in which that professional operates, or provide other docu ­
mentary evidence to that effect, or be otherwise approved by that Member State, so as to 
demonstrate proper training and competence to safely use paint strippers containing dichlo- 
romethane. 
The Commission shall prepare a list of the Member States that have made use of the 
derogation in this paragraph and make it publicly available over the Internet. 
(3) A professional benefiting from the derogation referred to in paragraph 2 shall operate only in 
Member States which have made use of that derogation. 
The training referred to in paragraph 2 shall cover as a minimum: 
(a) awareness, evaluation and management of risks to health, including information on 
existing substitutes or processes, which under their conditions of use are less 
hazardous to the health and safety of workers; 
(b) use of adequate ventilation; 
(c) use of appropriate personal protective equipment that complies with Directive 
89/686/EEC. 
Employers and self-employed workers shall by preference replace dichloromethane with a 
chemical agent or process which, under its conditions of use, presents no risk, or a lower risk, 
to the health and safety of workers. 
The professional shall apply all relevant safety measures in practice, including the use of 
personal protective equipment. 
(4) Without prejudice to other Community worker protection legislation, paint strippers 
containing dichloromethane in concentrations equal to or greater than 0,1 % by weight 
may be used in industrial installations only if as a minimum the following conditions are 
met:EN 3.6.2009 Official Journal of the European Union L 137/5(a) effective ventilation in all processing areas, in particular for the wet processing and the 
drying of stripped articles: local exhaust ventilation at strip tanks supplemented by forced 
ventilation in those areas, so as to minimise exposure and to ensure compliance, where 
technically feasible, with relevant occupational exposure limits; 
(b) measures to minimise evaporation from strip tanks comprising: lids for covering strip 
tanks except during loading and unloading; suitable loading and unloading arrangements 
for strip tanks; and wash tanks with water or brine to remove excess solvent after 
unloading; 
(c) measures for the safe handling of dichloromethane in strip tanks comprising: pumps and 
pipework for transferring paint stripper to and from strip tanks; and suitable 
arrangements for safe cleaning of tanks and removal of sludge; 
(d) personal protective equipment that complies with Directive 89/686/EEC comprising: 
suitable protective gloves, safety goggles and protective clothing; and appropriate 
respiratory protective equipment where compliance with relevant occupational exposure 
limits cannot be otherwise achieved; 
(e) adequate information, instruction and training for operators in the use of such 
equipment. 
(5) Without prejudice to other Community provisions concerning the classification, labelling and 
packaging of substances and mixtures, by 6 December 2011 paint strippers containing 
dichloromethane in a concentration equal to or greater than 0,1 % by weight shall be 
visibly, legibly and indelibly marked as follows: 
“Restricted to industrial use and to professionals approved in certain EU Member States – 
verify where use is allowed.”’EN L 137/6 Official Journal of the European Union 3.6.2009