Directive 1999/43/EC of the European Parliament and of the Council of 25 May 1999 amending for the 17th 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
Date: 1999-05-25
Institutions: Council of the European Union, European Parliament
Subjects: approximation of laws, carcinogenic substance, dangerous substance, marketing restriction, toxic substance

1. 7. 1999

EN

Official Journal of the European Communities

L 166/87

DIRECTIVE 1999/43/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL

of 25 May 1999

amending for the 17th 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

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 (1),

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

Acting in accordance with the procedure laid down in
Article 251 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
the
Council 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);

the European Parliament and of

(3) Whereas,

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

(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, regula-
tions and administrative provisions of the Member
States relating to restrictions on the marketing and
use of certain dangerous substances and prepara-
tions (5) establishes, in the form of an Appendix
concerning points 29, 30 and 31 of Annex I to
containing
Directive
substances classified as carcinogenic, mutagenic or

76/769/EEC (6),

list

a

(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 (OJ C 18, 22.1.1999, p. 43) and Decision of
the European Parliament of 10 February 1999 (OJ C 150,
28.5.1999). Council Decision of 10 May 1999.

(4) OJ L 95, 16.4.1996, p. 9.
(5) OJ L 365, 31.12.1994, p. 1.
(6) Council Directive 67/548/EEC of 27 June 1967 on the
regulations and administrative
approximation of
provisions relating to the classification, packaging and label-
ling of dangerous substances (OJ 196, 16.8.1967, p. 1). Direc-
tive as last amended by Commission Directive 97/69/EC (OJ
L 343, 13.12.1997, p. 19).

the laws,

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;

(5) Whereas Directive 94/60/EC provides that

the
Commission will submit to the European Parlia-
ment and Council a proposal to extend this list not
later than six months after publication of an adap-
tation to technical progress of Annex I to Directive
67/548/EEC (7), which contains substances classi-
fied as carcinogenic, mutagenic or toxic to repro-
duction of category 1 or 2;

(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 European Parliament
and of
the Council (9) amending Directive 76/
769/EEC for the 16th time;

(7) Whereas the risks and advantages of the substances
newly classified, by Directive 96/54/EC, as carcino-
genic, 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 classifi-
cation as carcinogens has been withdrawn; whereas
these substances are included in the
five of
Appendix to point 29 of Annex I to Directive
76/769/EEC; whereas these entries should also be
deleted in the latter Directive;

(7) 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).

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

L 166/88

EN

Official Journal of the European Communities

1. 7. 1999

for

(9) Whereas this Directive applies without prejudice to
Community legislation laying down minimum
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 carci-
nogens at work (sixth individual Directive within
the meaning
of Directive
89/391 /EEC) (2),

of Article

16(1)

the date of its entry into force. They shall inform the
Commission thereof forthwith.

They shall apply these measures 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 refer-
ence shall be laid down by Member States.

Article 4

HAVE ADOPTED THIS DIRECTIVE:

Article 1

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

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

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

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 25 May 1999.

For the European
Parliament

The President

For the Council

The President

J. M. GIL−ROBLES

H. EICHEL

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

1. 7. 1999

EN

Official Journal of the European Communities

L 166/89

ANNEX I

Point 29  Carcinogens: category 2

Substances

Index No

EC No

CAS No

Notes

Potassium dichromate

Ammonium dichromate

Sodium dichromate

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

Sodiumdichromate, dihydrate

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

024-006-00-8

232-140-5

7789-00-6

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

024-017-00-8





Bromoethylene

602-024-00-2

209-800-6

593-60-2

5-Allyl-1,3-benzodioxole; safrole

605-020-00-9

202-345-4

94-59-7

Benzidine based azo dyes; 4,4’-diarylazobiphenyl dyes, with the exception
of those specified elsewhere in Annex I to Directive 67/548/EEC

611-024-00-1





Disodium
4-amino 3-[[4(cid:1)-[(2,4-diaminophenyl)azo][1,1(cid:1)-biphenyl]-4-yl]azo]-5-hydroxy-
6-(phenylazo)naphtalene-2,7-disulphonate; C.I. Direct Black 38

611-025-00-7

217-710-3

1937-37-7

Tetrasodium
3,3(cid:1)-[[1,1(cid:1)-biphenyl]-4,4(cid:1)-dylbis(azo)]bis[5-amino-4-hydroxynaphthalene-2,7-
disulphonate]; C.I. Direct Blue 6

611-026-00-2

220-012-1

2602-46-2

Disodium
3,3(cid:1)-[[1,1(cid:1)-bifenyl]-4,4(cid:1)dylbis(azo)]bis[4-aminonaphthalene-1-sulphonate);
C.I. Direct Red 28

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 No

EC No

CAS No

Notes

Potassium dichromate

Ammonium dichromate

Sodium dichromate

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

Sodiumdichromate, dihydrate

024-004-01-4

234-190-3

7789-12-0

L 166/90

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Official Journal of the European Communities

1. 7. 1999

Substances

Index No

EC No

CAS No

Notes

Chromyl dichloride; chromic oxychloride

024-005-00-2

239-056-8

14977-61-8

Potassium chromate

024-006-00-8

232-140-5

7789-00-6

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

615-021-00-6

219-514-3

2451-62-9

Point 31  Toxic to reproduction: category 1

Substances

Index No

EC No

CAS No

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 No

EC No

CAS No

Notes

bis(2-Methoxyethyl) phthalate

607-228-00-5

204-212-6

117-82-8

ANNEX II

Substances

Index No

EC No

CAS No

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.
(An oil distilled from brown-coal tar. Composed primarily of aliphatic, naph-
thenic and one- to three-ring aromatic hydrocarbons, their alkyl derivatives,
heteroaromatics and one- and two-ring phenols boiling in the range of approxi-
mately 150 °C et 360 °C (302 °f to 680 °f)).

648-025-00-1

309-885-0

101316-83-0

Coke (coal tar), high temperature pitch

Coke (coal tar), mixed coal-high temperature pitch

648-157-00-X

648-158-00-5

140203-12-9

140203-13-0

Coke (coal tar) low temperature, high temperature pitch

648-159-00-0

140413-61-2

J

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