1989L0677 — EN — 04.01.1990 — 000.001 — 1
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►B COUNCIL DIRECTIVE
of 21December 1 989
amending for the eighth time Directive 76/769/EEC 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
(89/677/EEC)
(OJ L 398, 30.12.1989, p. 19)
Corrected by:
►C1Corrigendum, OJ L 250, 23.9.1999, p. 14 (89/677)
1989L0677 — EN — 04.01.1990 — 000.001 — 2
▼B
COUNCIL DIRECTIVE
of 21December 1 989
amending for the eighth time Directive 76/769/EEC on the approx-
imation of the laws, regulations and administrative provisions of theMember States relating to restrictions on the marketing and use of
certain dangerous substances and preparations
(89/677/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission(1),
In cooperation with the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas measures for the progressive establishment of the internal
market over the period up to 31 December 1992 have to be adopted;whereas the internal market comprises an area without internal frontiersin which the free movement of goods, persons, services and capital isguaranteed;
Whereas, despite the ban on the marketing of certain ornamental objects
intended to produce effects of light and comprising glass receptaclescontaining dangerous liquids as defined by Directive 67/548/EEC (
4), as
last amended by Directive 86/431/EEC (5), objects presenting the same
hazards are still being marketed for use in games for one or moreparticipants, sometimes with an ornamental function;
Whereas there should be a review of the content (0,01 % by weight —
100 ppm) of PCB/PCT in preparations, including waste oils; whereas, inCouncil Directive 87/101/EEC of 22 December 1986 amendingDirective 75/439/EEC on the disposal of waste oils (
6), this content was
set at 0,005 % by weight;
Whereas benzene (CAS No 71-34-2) is a toxic substance likely to affect
the central nervous and hematopoietic systems and to cause cancer andin particular leukaemia; whereas this substance is classified as carci-nogen category I in Directive 67/548/EEC; whereas ILO (InternationalLabour Organization) Convention 136 and ILO Recommendation 144lay down provisions on protection against hazards arising from benzene;
Whereas the following substances: 2-naphthylamine (CAS No 91-59-8),
4-nitrodiphenyl (CAS No 92-93-3), 4-aminodiphenyl (CAS No 92-67-1)and benzidine (CAS No 92-87-5) may cause cancer and in particularcancer of the urinary system; whereas these substances are classified ascarcinogens category I in Directive 67/548/EEC; whereas although,within the Community, they are now produced only in minimal, super-vised quantities intended exclusively for research, they may neverthe-less be present in the form of impurities in other substances or prepara-tions;
Whereas, apart from the specific measures applying solely to work-
places, the laying down of a maximum concentration limit and a limiton the use of these substances as such or as constituents of preparationswould help to present the incidence of cancer at work and protectconsumers;
(1) OJ No C 43, 16. 2. 1988, p. 9.
(2) OJ No C 96, 17. 4. 1989, p. 190, and OJ No C 256, 9. 10. 1989, p. 70.
(3) OJ No C 175, 4. 7. 1988, p. 10, and OJ No C 337, 31. 12. 1987, p. 7.
(4) OJ No 196, 16. 8. 1967, p. 1.
(5) OJ No L 247, 1. 9. 1986, p. 1.
(6) OJ No L 42, 12. 2. 1987, p. 43.
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Whereas lead compounds in general, and in particular lead salts that are
readily soluble in the stomach, are dangerous to health; whereascompounds of this type are still occasionally used as pigment for certaindecorative paints; whereas their use in such cases should be regulated;whereas ILO Convention 13 regulates the use of white lead in painting;
Whereas certain anti-fouling preparations applied as protective coatings
to boat hulls and/or underwater equipment have harmful effects onliving aquatic organisms as a result of the use of certain chemicalcompounds and in particular arsenic, mercury and tin compounds;whereas, in order better to protect the environment, the use of suchcompounds in preparations of this type should be regulated;
Whereas not only di-µ-oxo-di-n-butylstanniohydroxyborane
(C
8H19BO3Sn, CAS No 75113-37-0) but also its decomposition/degrada-
tion products are substances that are dangerous to man and to theenvironment, and in particular the aquatic environment; whereas the useof those substances should be regulated;
Whereas limitations on use or marketing already adopted by certain
Member States in respect of the substances referred to above or ofpreparations containing them have a direct incidence on the establish-ment and functioning of the internal market; whereas it is thereforenecessary to approximate the legislative provisions of the MemberStates in this field, and consequently to amend Annex I to Directive76/769/EEC (
1), as last amended by Directive 85/610/EEC (2);
Whereas present Community legislation concerning the possible adop-
tion by Member States of more stringent restrictions on the use of thesubstances and preparations in question at the workplace is unaffectedby this Directive,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annex I to Directive 76/769/EEC is hereby amended as follows:
1. in point 1 of the left-hand column,
‘0,01 %' appearing in the third indent is replaced by‘0,005 %';
2. point 3 is replaced by the following:
‘3. Liquid substances or preparations,
which are regarded as dangerousaccording to the definitions in Article2 (2) and the criteria in Annex VI, PartII.D to Council Directive 67/548/EECof 27 June 1967 on the approximationof laws, regulations and administrativeprovisions relating to the classi-fication, packaging and labelling ofdangerous substances(
1), as last
amended by Directive 86/431/EEC (2).May not be used in:
— ornamental objects intended to produce
light or colour effects by means ofdifferent phases, for example in orna-mental lamps and ashtrays,
— tricks, jokes,— games for one or more participants, or
any object intended to be used as such,even with ornamental aspects.
(1) OJ No 196, 16. 8. 1967, p. 1.
(2) OJ No L 247, 1. 9. 1986, p. 1.';
3. the following is added to point 5 (benzene) in the right-hand column:
(1) OJ No L 262, 27. 9. 1976, p. 201.
(2) OJ No L 375, 31. 12. 1985, p. 1.
1989L0677 — EN — 04.01.1990 — 000.001 — 4
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‘May not be used in concentrations equal
to, or greater than, 0,1% by mass insubstances or preparations placed on themarket.
However, this provision shall not apply to:
(a) motor fuels which are covered by
Directive 85/210/EEC;
(b) substances and preparations for use in
industrial processes not allowing forthe emission of benzene in quantitiesin excess of those laid down inexisting legislation;
(c) waste covered by Directives 75/
442/EEC (
1) and 78/319/EEC (2).
(1) OJ No L 194, 25. 7. 1975, p. 39.
(2) OJ No L 84, 31. 3. 1978, p. 43.';
4. the following points are added:
‘13. 2-naphthylamine
CAS No 91-59-8and its saltsMay not be used in concentrations equal to
or greater than 0,1 % by weight insubstances and preparations placed on themarket.
14. Benzidine
CAS No 92-87-5and its saltsHowever, this provision shall not apply to
waste containing one or more of thesesubstances and covered by Directives 75/
15. 4-nitrobiphenyl
CAS No 92-93-3442/EEC and 78/319/EEC.
16. 4-aminobiphenyl
CAS No 92-67-1and its saltsSuch substances and preparations may not
be sold to the general public. Without prej-udice to the application of otherCommunity provisions on the classi-fication, packaging and labelling ofdangerous substances and preparations, thepackaging of such preparations shall belegible and indelibly marked as follows:“Restricted to professional users.”
17. Lead carbons:
— neutral anhydrous carbonate
PB CO
3
CAS No 598-63-0
—►C1trilead-bis(carbonate)-
dihydroxide ◄
2P bC O3Pb(OH)2
CAS No 1319-46-6May not be used as substances and constit-
uents of preparations intended for use aspaints, except for the restoration and main-tenance of works of art and historic build-ings and their interiors, where MemberStates wish to authorize this on their terri-tory, in accordance with the provisions ofILO Convention 13 on the use of whitelead in paint.
18. Lead sulphates
PBSO
4(1:1)
CAS No 7446-14-2Pb
xSO4
CAS No 15739-80-7May not be used as substances and constit-
uents of preparations intended for use aspaints, except for the restoration and main-tenance of works of art and historic build-ings and their interiors, where MemberStates wish to authorize this on their terri-tory, in accordance with the provisions ofILO Convention 13 on the use of sulphatesof lead in paint.
19. Mercury compound May not be used as substances and constit-
uents of preparations intended for use:
(a) to prevent the fouling by micro-organ-
isms, plants or animals of:
— the hulls of boats,
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— cages, floats, nets and any other
appliances or equipment used forfish or shellfish farming,
— any totally or partly submerged
appliances or equipment;
(b) in the preservation of wood;
(c) in the impregnation of heavy-duty
industrial textiles and yarn intendedfor their manufacture;
(d) in the treatment of industrial waters,
irrespective of their use.
20. Arsenic compounds 1. May not be used as substances and
constituents of preparations intended foruse:
(a) to prevent the fouling by micro-organ-
isms, plants or animals of:
— the hulls of boats,
— cages, floats, nets and any other
appliances or equipment used forfish or shellfish farming,
— any totally or partly submerged
appliances or equipment;
(b) in the preservation of wood.
In this case, the ban does not apply to
solutions of inorganic salts of theCCA (copper — chromium —arsenic) type employed in industrialinstallations using vacuum or pressureto impregnate wood.
In addition, Member States may
authorize on their territory the use ofpreparations of the DFA (dinitro-phenol — fluoride — arsenic) type forthe retreatment in situof wooden
poles already in place and supportingoverhead cables. Such preparationsmust be employed by professionalsusing vacuum or pressure.
2. May not be used as substances and
constituents of preparations intended foruse in the treatment of industrial waters,irrespective of their use.
21. Organostannic compounds 1. May not be used as substances and
constituents of preparations intended foruse to prevent the fouling by micro-organ-isms, plants or animals of:
(a) the hulls of boats of an overall length,
as defined by ISO 8666, of less than25 metres;
(b) cages, floats, nets and any other appli-
ances or equipment used for fish orshellfish farming;
(c) any totally or partly submerged appli-
ances or equipment.
Such substances and preparations— may be placed on the market only in
packagings of a capacity equal to orgreater than 20 litres,
— may not be sold to the general public
but only to professional users.
Without prejudice to the application of
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other Community provisions on the classi-fication, packaging and labelling ofdangerous substances and preparations, thepackaging of such preparations shall belegible and indelibly marked as follows:
“Not to be used on boats of an overall
length of less than 25 metres or on anyappliances or equipment used in fish orshellfish farming.”
“Restricted to professional users.”
2. May not be used as substances and
constituents of preparations intended foruse in the treatment of industrial waters,irrespective of their use.
22. di-µ-oxo-di-n-butylstanniohydroxy-
borane
(C
8H19BO3Sn, CAS No 75113-37-0)
(DBB)Shall be prohibited in a concentration
equal to or greater than 0,1% in substancesand constituents of preparations placed onthe market. However, this provision shallnot apply to this substance (DBB) or prep-arations containing it if these are intendedsolely for conversion into finished prod-ucts, among which this substance will nolonger feature in a concentration equal toor greater than 0,1%.'
Article 2
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive notlater than 18 months after the date of its adoption. They shallforthwith inform the Commission thereof.
2. Member States shall communicate to the Commission not later
than 18 months after the adoption of this Directive the text of theprovisions of national law which they adopt in the field covered bythis Directive.
Article 3
This Directive is addressed to the Member States.