16. 2. 88 Official Journal of the European Communities No C 43/9 
Proposal for a Council Directive amending for the eighth time Directive 76/769/EEC on the 
approximation of laws, regulations and administrative provisions of the Member States relating 
to restrictions on the marketing and use of certain dangerous substances and preparations 
COM(88) 7 final 
(Submitted by the Commission to the Council on 4 February 1 
(88/C 43/09) 
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, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
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 frontiers in which the 
free movement of goods, persons, services and capital is 
guaranteed; 
Whereas despite the ban on the marketing of certain 
decorative objects intended to produce effects of light 
and comprising glass receptacles containing dangerous 
liquids as defined by Council Directive 67/548/EEC ('), 
as last amended by Directive 86/431/EEC (2), objects 
presenting the same hazards are still being marketed for 
use in solitaire or other parlour games, sometimes with a 
supplementary decorative function; 
Whereas there should be a review of the content (0,01 °/o 
by weight — 100 ppm) of PCB/PCT in preparations, 
including waste oils; whereas in Council Directive 
87/101/EEC of 22 December 1986 amending Directive 
75/439/EEC on the disposal of waste oils (3) this content 
was set at 0,005 % by weight; 
Whereas benzene (CAS No 71-43-2) is a toxic substance 
likely to affect the central nervous and hematopoietic 
systems and to cause cancer and in particular leukaemia; 
whereas this substance is classified as carcinogen 
category I in Directive 67/548/EEC; 
Whereas the following substances: 2-naphthlyamine 
(CAS No 91-59-8), 4-Nitrodiphenyl (CAS No 92-93-3), 
4-aminodiphenyl (CAS-No 92-67-1), benzidine (CAS 
No 92-87-5) may cause cancer and in particular cancer 
of the urinary system; whereas these substances are clas­sified as carcinogens category I in Directive 
67/548/EEC; whereas although within the Community, 
they are now produced only in minimal, supervised 
quantities intended exclusively for research, they may 
nevertheless be present in the form of impurities in other 
substances or preparations; 
Whereas apart from the specific measures applying solely 
to work-places, the laying down of a maximum concen­
tration limit and a limit on the use of these substances as 
such Or as constituents of preparations would help to 
prevent the incidence of cancer at work and protect 
consumers; 
Whereas lead compounds in general, and in particular 
lead salts that are readily soluble in the stomach, are 
dangerous to health; whereas compounds of this type are 
still occasionally used as pigments for certain decorative 
paints; whereas their use in such cases should be 
regulated; 
Whereas certain anti-fouling preparations applied as 
protective coatings to boat hulls and/or underwater 
equipment have harmful effects on living aquatic 
organisms as a result of the use of certain chemical 
compounds and in particular arsenic, mercury and tin 
compounds; whereas in order to better protect the envi­
ronment, the use of such compounds in paints of this 
type should be regulated; 
Whereas di-^i-oxo-di-n-butylstanniohydroxyborane 
(C 
sition/degradation products are substances that are 
dangerous to man and to the environment, and in 
particular the aquatic environment; whereas the use of 
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 of preparations containing them 
have a direct incidence on the establishment and func­
tioning of the internal market; whereas it is therefore 
necessary to approximate the laws of the Member States 
in this field, and consequently to amend the Annex to 
Council Directive 76/769/EEC (4), as last amended by 
Directive 85/610/EEC (5), 
(') OJ No 196, 16. 8. 1967, p. 1/67. 
(2) OJ No L 247, 1. 9. 1986, p. 1. 
O OJ No L 42, 12. 2. 1987, p. 43. (4) OJ No L 262, 27. 9. 1976, p. 201. 
(5) OJ No L 375, 31. 12. 1985, p. 1. 
No C 43/10 Official Journal of the European Communities 16. 2. 88 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
The Annex to Directive 76/769/EEC is hereby amended as follows: 
Point 3 is replaced by the following: 
'3. Liquid substances or preparations, which 
are regarded as dangerous according to the 
definitions in Article 2 (2) and the criteria 
in Annex VI, Part II D of Council 
Directive 67/548/EEC of 27 June 1967, on 
the classification, packaging and labelling 
of dangerous substances (*) as amended by 
Directive 79/831 /EEC (**). May not be used in: 
— decorative objects intended to produce effects 
of light or colour obtained via different 
phases, as in, for example, novelty lamps and 
ashtrays, 
— tricks, jokes "solitaire" or parlour games, or 
any object intended to be used as such, even 
with decorative aspects. 
(*) OJ No 196, 16. 8. 1967, p. 1/67. 
(**) OJ No L 259, 15. 10. 1979, p. 10/ 
The third indent of point 1 in the left-hand column: 'designation of the substance of the groups of 
substances or of the preparation' is hereby amended as follows: 
'— Preparations with a PCB or PCT content higher than 0,005 % by mass 
— waste oils, with a PCB or PCT content higher than 0,005 % by mass pursuant to Council Directive 
87/101/EEC(*). 
H OJ No L 42, 12. 2. 1987, p. 43.' 
3. The following is added to point 5 (benzene) in the right-hand column: 
'May not be used in concentrations equal to or greater than 0,1 % by mass in substances or prep­
arations placed on the market. 
However, this provision shall not apply to 
(a) motor fuels; 
(b) substances and preparations for use in industrial processes; 
(c) waste covered by Directives 75/442/EEC (*) and 78/319/EEC (**). 
(*) OJ No L 194, 25. 7. 1975, p. 39. 
(**) OJ No L 84, 31. 3. 1978, p. 43.' 
4. The following points are added: 
13. 2-naphthylamine 
CAS No 91-59-8 and its salts 
14. Benzidine 
CAS No 92-87-5 and its salts 
15. 4-nitrobiphenyl 
CAS No 92-93-3 
16. 4-aminobiphenyl 
CAS No 92-67-1 and its salts 
17. Lead carbonates 
— neutral anhydrous carbonate 
Pb CO, 
CAS No 598-63-0 
— lead hydrocarbonate 
2Pb C03 Pb(OH)2 
CAS No 1319-46-6 
18. Lead sulphates 
Pb S04 (1 : 1) 
CAS No 7446-14-2 
Pbx SO, 
CAS No 15739-80-7 May not be used in concentrations equal to or 
greater than 0,1 % by weight in substances and 
preparations placed on the market. 
However, this provision shall not apply to waste 
containing one or more of these substances and 
covered by Directives 75/442/EEC and 
78/319/EEC. 
May not be used as substances and constituents 
of preparations intended for use as paints. 
16. 2. 88 Official Journal of the European Communities No C 43/11 
19. Mercury compounds May not be used as substances and constituents 
of preparations intended for use to prevent the 
fouling by micro-organisms, plants or animals of 
boat hulls or any submerged appliances or 
equipment. 
20. Arsenic compounds May not be used as substances and constituents 
of preparations intended for use to prevent the 
fouling by micro-organisms, plants or animals of: 
(a) the hulls of boats; 
(b) cages, floats, nets and any other appliances or 
equipment used for fish or shellfish farming. 
This ban does not apply to solutions of inorganic 
salts of the CCA (copper-chromium-arsenic) type 
employed in industrial installations using vacuum 
or pressure to impregnate wood. 
21. Organostannic compounds May not be used as substances and constituents 
of preparations intended for use to prevent the 
fouling by micro-organisms, plants or animals of: 
(a) the hulls of boats of an overall length, as 
defined by ISO 8666, of less than 25 metres; 
(b) cages, floats, nets and any other appliances or 
equipment used for fish or shellfish farming. 
Such preparations may not be sold retail to the 
general public but may be sold only to 
professional users in packagings of a capacity of 
not less than 20 litres. 
Without prejudice to the application of other 
Community provisions on the classification, 
packaging and labelling of dangerous substances 
and preparations, the packaging of such prep­
arations shall be legibly and indelibly marked as 
follows: 
'Not to be used on boats of an overall length of 
less than 25 metres or on any appliances or 
equipment used in fish or shellfish farming'. 
22. di-u,-oxo-di-n-butylstanniohydroxyborane 
(C8H19B03Sn, CAS No 75113-37-0) 
(DBB) Shall be prohibited as a substance or as a 
constituent of preparations placed on the market. 
However, this provision shall not apply to this 
substance (DBB), or preparations containing it, if 
these are intended solely for conversion in a 
closed cycle into finished products, among which 
this substance will no longer feature as such.' 
NoC 43/12 Official Journal of the European Communities 16. 2. 88 
Article 2 
1. Member States shall bring into force the laws, regulations and administrative provisions 
necessary to comply with this Directive not later than 1 July 1989. They shall forthwith inform 
the Commission thereof. 
2. Member States shall communicate to the Commission not later than 31 December 1989 
the text of the provisions of national law which they adopt in the field covered by this 
Directive. 
Article 3 
This Directive is adressed to the Member States.