Proposal for a European Parliament and Council Directive amending for the 18th 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 (98/C 59/04) (Text with EEA relevance) COM(97) 738 final - 98/0005(COD)

(Submitted by the Commission on 7 January 1998)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure referred to in Article 189 b of the Treaty,

Whereas measures should be adopted for the smooth operation of the internal market; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;

Whereas the operation of the internal market should also gradually improve the quality of life, health protection and consumer safety; whereas the measures proposed by this Directive are in line with the Council Resolution of 9 November 1989 on future priorities for relaunching consumer protection policy (1);

Whereas the Council and the Representatives of the Governments of the Member States, meeting within the Council, adopted Decision 90/238/Euratom, ECSC, EEC (2) concerning a 1990 to 1994 action plan in the context of the 'Europe against Cancer` programme;

Whereas to improve health protection and consumer safety substances classified as carcinogenic, mutagenic or toxic to reproduction and preparations containing them should not be placed on the market for use by the general public;

Whereas Directive 94/60/EC (3) of the European Parliament and Council of 20 December 1994 amending for the 14th time 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 (4) introduces a list in the form of an appendix to points 29, 30 and 31 of Annex I to Directive 76/769/EEC containing substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2, whereas such substances and preparations should not be placed on the market for use by the general public;

Whereas Directive 94/60/EC foresees that the Commission will submit to the European Parliament and Council a proposal to extend this list within six months after publication of an adaptation to technical progress of Annex I to Council Directive 67/548/EEC (5) of 27 June 1967 containing substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2;

Whereas the Commission Directive 96/54/EC (6) of 30 July 1996 adapting for the 22nd time Council Directive 67/548/EEC, and more particularly Annex I thereto, to technical progress, contains 16 substances newly classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2; whereas these substances should be added to points 29, 30 and 31 of the Appendix to Annex I to Directive 76/769/EEC.

Whereas the risks and advantages of the substances newly classified as carcinogenic, mutagenic and toxic to reproduction of category 1 or 2 have been taken into account;

Whereas this Directive does not affect Community legislation laying down minimum requirements for the protection of workers contained in Council Directive 89/391/EEC (7) of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work, and individual directives based thereon, in particular Council Directive 90/394/EEC (8) of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

The substances listed in the Annex to this Directive supplement those substances listed in the appendix to points 29, 30 and 31 of Annex I to Directive 76/769/EEC.

Article 2

1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive no later than one year after the date of its adoption and shall forthwith inform the Commission thereof.

They shall apply these provisions as from . . .

2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 3

This Directive is addressed to the Member States.

(1) OJ C 294, 23.11.1989, p. 1.

(2) OJ L 137, 30.5.1990, p. 31.

(3) OJ L 365, 31.12.1994, p. 1.

(4) OJ L 262, 27.9.1976, p. 201, Directive as last amended by Council Directive 94/60/EC (OJ L 365, 31.12.1994, p. 1).

(5) OJ L 196, 16.8.1967, p. 1, Directive as last amended by Directive 96/56/EC of the European Parliament and the Council (OJ L 236, 18.9.1996, p. 35).

(6) OJ L 248, 30.9.1996, p. 1.

(7) OJ L 183, 29.6.1989, p. 1.

(8) OJ L 196, 26.7.1990, p. 1.

APPENDIX

Foreword

Explanations of column headings

Substances:

The name is the same as that used for the substances in Annex I to Directive 67/548/EEC. Wherever possible, dangerous substances are designated by their Einecs (European Inventory of Existing Commercial Chemical Substances) or Elincs (European List of Notified Chemical Substances) names. Entries not listed in Einecs or Elincs are designated using an internationally recognised chemical name (e.g. ISO, IUPAC). An additional common name is included in some cases.

Index number:

The index number is the identification code given to the substance in Annex I to Directive 67/548/EEC. Substances are listed in the Appendix according to this index number.

EC number:

For each substance listed in the European Inventory of Existing Commercial Chemical Substances (Einecs) there is an identification code. The code starts at 200-001-8.

For each new substance notified under Directive 67/548/EEC, an identification code has been defined and published in the European List of Notified Chemical Substances (Elincs). The code starts at 400-010-9.

CAS number:

Chemical Abstract Service (CAS) numbers have been defined for substances to help in their identification.

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