COMMON POSITION (EC) No 2/1999 adopted by the Council on 14 December 1998 with a view to the adoption of Directive 1999/.../EC of the European Parliament and of the Council amending for the 17th time Council 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
Date: 1998-12-14
Institutions: Council of the European Union
Subjects: approximation of laws, consumer protection, dangerous substance, marketing restriction, public health

22.1.1999

EN

Official  Journal  of  the  European  Communities

C  18/43

COMMON  POSITION  (EC)  No  2/1999

adopted  by  the  Council  on  14  December  1998

with  a  view  to  the  adoption  of  Directive  1999/. . ./EC  of  the  European  Parliament  and  of  the
Council  amending  for  the  17th  time  Council  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

(1999/  18/02)

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 (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189b  of  the  Treaty (3),

(1)  Whereas the necessary measures should be adopted

for  the  smooth  operation  of  the  internal  market;

(2)  Whereas the European Parliament and the Council
adopted  on  29  March  1996  Decision  No
646/96/EC  of  29  March  1996  adopting  an  action
plan  to  combat  cancer  within  the  framework  for
action  in  the  field  of  public  health  (1996  to
2000 (4);

to 

safety, 

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

substances 

classified 

(4)  Whereas  Directive  94/60/EC  of  the  European
Parliament  and  of  the  Council  of  20  December
1994  amending  for  the  14th  time  Directive
76/769/EEC  on  the  approximation  of  the  laws,
regulations  and  administrative  provisions  of  the

(1)  OJ  C  59,  25.2.1998,  p.  5.
(2)  OJ  C  214,  10.7.1998,  p.  73.
(3)  Opinion  of  the  European  Parliament  of  18  February  1998
(OJ  C  80,  16.3.1998,  p.  91),  Council  Common  Position  of
14 December 1998 and Decision of the European Parliament
of  . . .  (not  yet  published  in  the  Official  Journal).

(4)  OJ  L  95,  16.4.1996,  p.  9.

Member  States  relating  to  restrictions  on  the
marketing and use of certain dangerous substances
and  preparations (5)  establishes,  in  the  form  of  an
Appendix  concerning  points  29,  30  and  31  of
Annex 
list
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;

to  Directive  76/769/EEC (6),  a 

I 

to 

(5)  Whereas  Directive  94/60/EC  provides  that  the
Commission  will 
the  European
submit 
Parliament  and  Council  a  proposal  to  extend  this
list  not  later  than  six  months  after  publication  of
an  adaptation  to  technical  progress  of  Annex  I  to
Directive 
contains
substances  classified  as  carcinogenic,  mutagenic  or
toxic  to  reproduction  of  category  1  or  2;

67/548/EEC (7), 

which 

(6)  Whereas  Commission  Directive  96/54/EC (8)
adapting  for  the  22nd  time  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,  as
consolidated  by  Directive  97/56/EC  of 
the
the  Council (9)
European  Parliament  and  of 
amending  Directive  76/769/EEC  for  the  16th
time;

(5)  OJ  L  365,  31.12.1994,  p.  1.
(6)  OJ  L  262,  27.9.1976,  p.  201.  Directive  as  last  amended  by
Commission  Directive  97/64/EC  (OJ  L  315,  19.11.1997,  p.
13).

(7)  Council  Directive  67/548/EEC  of  27  June  1967  on  the
approximation  of  the  laws,  regulations  and  administrative
provisions  relating  to  the  classification,  packaging  and
labelling  of  dangerous  substances  (OJ  L  196,  16.8.1967,  p.
1).  Directive  as  last  amended  by  Commission  Directive
97/69/EC  (OJ  L  343,  13.12.1997,  p.  19).

(8)  OJ  L  248,  30.9.1996,  p.  1.
(9)  OJ  L  333,  4.12.1997,  p.  1.

C  18/44

EN

Official  Journal  of  the  European  Communities

22.1.1999

(7)  Whereas the risks and advantages of the substances
newly  classified,  by  Directive  96/54/EC,  as
carcinogenic,  mutagenic  and  toxic  to  reproduction
of  category  1  or  2  have  been  taken  into  account;

(8)  Whereas  Article  1(1)(f)  of  Directive  96/54/EC
deletes  eight  entries  from  Annex  I  to  Directive
67/548/EEC  as  the  substances  under  these  entries
are  already  covered  by  other  entries  or  their
classification  as  carcinogens  has  been  withdrawn;
whereas five of these substances are included in the
Appendix  to  point  29  of  Annex  I  to  Directive
76/769/EEC;  whereas  these  entries  should  also  be
deleted  in  the  latter  Directive;

for 

legislation 

(9)  Whereas this Directive applies without prejudice to
laying  down  minimum
Community 
requirements 
the  protection  of  workers
contained  in  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 (1),  and  individual  Directives
based  thereon,  in  particular  Council  Directive
90/394/EEC  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) (2),

Article  2

The  substances  listed  in  Annex  II  to  this  Directive  shall
be  deleted  from  those  substances  listed  in  the  Appendix
to  point  29  of  Annex  I  to  Directive  76/769/EEC.

Article  3

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  entry  into  force.  They  shall  inform  the
Commission  thereof  forthwith.

They  shall  apply  these  measure  18  months  after  the  date
of  the  entry  into  force  of  this  Directive.

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  4

This  Directive  shall  enter  into  force  on  the  day  of  its
publication  in  the  Official  Journal  of  the  European
Communities.

HAVE  ADOPTED  THIS  DIRECTIVE:

Article  5

This  Directive  is  addressed  to  the  Member  States.

Article  1

The substances listed in Annex I to this Directive shall be
added  to  those  substances 
in  the  Appendix
concerning  points  29,  30  and  31  of  Annex  I  to  Directive
76/769/EEC.

listed 

For  the  European  Parliament

For  the  Council

The  President

The  President

Done  at  . . .

(1)  OJ  L  183,  29.6.1989,  p.  1.
(2)  OJ  L  196,  26.7.1990,  p.  1.

22.1.1999

EN

Official  Journal  of  the  European  Communities

C  18/45

ANNEX  I

Point  29  —  Carcinogens:  category  2

Substances

Index  number

EC  number

CAS  number

Notes

Potassium  dichromate

Ammonium  dichromate

Sodium  dichromate

Sodium  dichromate,  dihydrate

024-002-00-6

231-906-6

7778-50-9

024-003-00-1

232-143-1

7789-09-5

024-004-00-7

234-190-3

10588-01-9

024-004-01-4

234-190-3

7789-12-0

Chromyl  dichloride;  chromic  oxychloride

024-005-00-2

239-056-8

14977-61-8

Potassium  chromate

Chromium  (VI)  compounds,  with  the  exception  of  barium
chromate  and  of  compounds  specified  elsewhere  in  Annex  I  to
Directive  67/548/EEC

Bromoethylene

5-Allyl-1,3-benzodioxole; safrole
Benzidine  based  azo  dyes;  4,4(cid:57)-diarylazobiphenyl  dyes,  with  the
exception  of  those  specified  elsewhere  in  Annex  I  to  Directive
67/548/EEC
Disodium  4-amino  3-[[4(cid:57)-[(2,4-diaminophenyl)azo][1,1(cid:57)-
biphenyl]-4-yl]azo]-5-hydroxy-6-(phenylazo)naphthalene-2,7-
disulphonate;  C.I.  Direct  Black  38
Tetrasodium  3,3(cid:57)-[[1,1(cid:57)-biphenyl]-4,4(cid:57)-diylbis(azo)]bis[5-amino-4-
hydroxynaphthalene-2,7-disulphonate];  C.I.  Direct  Blue  6
Disodium  3,3(cid:57)-[[1,1(cid:57)-biphenyl]-4,-4(cid:57)diylbis(azo)]bis(4-
aminonaphthalene-1-sulphonate);  C.I.  Direct  Red  28

024-006-00-8

232-140-5

7789-00-6

024-017-00-8 —

—

602-024-00-2

209-800-6

593-60-2

605-020-00-9

202-345-4

94-59-7

611-024-00-1 —

—

611-025-00-7

217-710-3

1937-37-7

611-026-00-2

220-012-1

2602-46-2

611-027-00-8

209-358-4

573-58-0

Toluene-2,4-diammonium  sulphate

612-126-00-9

265-697-8

65321-67-7

Point  30  —  Mutagens:  category  2

Substances

Index  number

EC  number

CAS  number

Notes

Potassium  dichromate

Ammonium  dichromate

Sodium  dichromate

Sodium  dichromate,  dihydrate

024-002-00-6

231-906-6

7778-50-9

024-003-00-1

232-143-1

7789-09-5

024-004-00-7

234-190-3

10588-01-9

024-004-01-4

234-190-3

7789-12-0

Chromyl  dichloride;  chromic  oxychloride

024-005-00-2

239-056-8

14977-61-8

Potassium  chromate

1,3,5-tris(oxiranylmethyl)-1,3,5-triazine-2,4,6(1H, 3H,
5H)-trione;  TGIC

024-006-00-8

232-140-5

7789-00-6

615-021-00-6

219-514-3

2451-62-9

Point  31  —  Toxic  to  reproduction:  category  1

Substances

Index  number

EC  number

CAS  number

Notes

1,2-Dibromo-3-chloropropane

602-021-00-6

202-479-3

96-12-8

Point  31  —  Toxic  to  reproduction:  category  2

Substances

Index  number

EC  number

CAS  number

Notes

bis(2-Methoxyethyl)phthalate

607-228-00-5

204-212-6

117-82-8

C  18/46

EN

Official  Journal  of  the  European  Communities

22.1.1999

ANNEX  II

Substances

Index  number

EC  number

CAS  number

Notes

Aromatic  hydrocarbons,  C8-10;  light  oil  redistillate,  high  boiling

648-011-00-5

292-695-4

90989-39-2

Tar,  brown-coal;  carbolic  oil

648-025-00-1

309-885-0

101316-83-0

J

J

(An  oil  distilled  from  brown-coal  tar.  Composed  primarily  of
aliphatic,  naphthenic 
aromatic
hydrocarbons,  their  alkyl  derivatives,  heteroaromatics  and  one-
and  two-ring  phenols  boiling  in  the  range  of  approximately
150 °C  to  360 °C  (302 °F  to  680 °F)

and  one- 

three-ring 

to 

Coke  (coal  tar),  high  temperature  pitch

648-157-00-X

Coke  (coal  tar),  mixed  with  high  temperature  pitch

648-158-00-5

Coke  (coal  tar)  low  temperature,  high  temperature  pitch

648-159-00-0

140203-12-9

140203-13-0

140413-61-2

22.1.1999

EN

Official  Journal  of  the  European  Communities

C  18/47

STATEMENT  OF  THE  COUNCIL’S  REASONS

I. 

INTRODUCTION

1.  On  8  January  1998,  the  Commission  submitted  to  the  Council  a  proposal  based  on
Article  100a  of  the  EC  Treaty  amending  Council  Directive  76/769/EEC  on  the
approximation  of  the  laws  of  the  Member  States  relating  to  restrictions  on  the
marketing  and  use  of  certain  dangerous  substances  and  preparations.

2.  The  European  Parliament  delivered  its  opinion  on  the  Commission  proposal  on  18
February  1998  and  approved  it  without  amendment.  The  Economic  and  Social
Committee  delivered  its  opinion  on  29  April  1998.

The  Council  adopted  its  common  position  in  accordance  with  Article  189b  of  the
Treaty  on  14  December  1998.

II.  OBJECTIVES

Directive 94/60/EC of the European Parliament and of the Council amending for the 14th
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,  added  a  list  containing
substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2
(c/m/r  substances)  to  Annex  I  to  Directive  76/769/EEC.  It  prohibits  the  use  of  such
substances  in  substances  or  preparations  placed  on  the  market  for  use  by  the  general
public.

Commission  Directive  96/54/EC  adapting  for  the  22nd  time  Directive  67/548/EEC  to
technical  progress,  added  16  new  c/m/r  substances  to  Annex  I  to  Directive  67/548/EEC.

Pursuant  to  Directive  94/60/EC,  the  Commission  is  obliged  to  submit  a  new  proposal  to
the  European  Parliament  and  Council  for  addition  of  the  substances  newly  classified  as
c/m/r  to  Annex  I  to  Directive  76/769/EEC  no  later  than  six  months  after  publication  of
their  classification  as  c/m/r  substances  (of  category  1  or  2)  within  the  framework  of
Council  Directive  67/548/EEC.

The  present  proposed  amendment  will  extend  the  number  of  c/m/r  substances  listed  in
Annex I to Directive 76/769/EEC by adding substances classified as c/m/r of category 1 or
2 in the 22nd adaptation to technical progress of Directive 67/548/EEC. The use of all such
substances  by  consumers  will  therefore  be  prohibited.

III.  ANALYSIS  OF  THE  COMMON  POSITION

The Council has added to the Commission proposal, with the latter’s consent, Article 2 of
the  common  position  and  recital  8  relating  thereto.

This  Article  deletes  five  substances  from  the  list  in  the  Appendix  concerning  point  29  of
Annex  I  to  Directive  76/769/EEC.  These  five  substances  together  with  three  others  had
been  deleted  from  Annex  I  to  Directive  67/548/EEC  since  they  were  already  covered  by
other entries or their classification as carcinogenic had in the meantime been lifted. It was
therefore  necessary  to  also  delete  them  from  Directive  76/769/EEC  as  part  of  the  present
amendment.