Commission Directive 1999/51/EC of 26 May 1999 adapting to technical progress for the fifth time Annex I to Council Directive 76/769/EEC on the approximations 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 (tin, PCP and cadmium) (Text with EEA relevance)
Date: 1999-05-26
Institutions: European Commission
Subjects: approximation of laws, dangerous substance, environmental policy, health policy, marketing restriction

L 142/22

EN

Official Journal of the European Communities

5. 6. 1999

COMMISSION DIRECTIVE 1999/51/EC

of 26 May 1999

adapting to technical progress for the fifth time Annex I to Council Directive
76/769/EEC on the approximations 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 (tin, PCP and cadmium)

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(3) Whereas inland waters and the Baltic Sea are espe-
cially sensitive environments; whereas the use of
the Community
TBT in the inland waters of
should be prohibited; whereas, as an interim
measure, Austria and Sweden shall be allowed to
keep stricter provisions on the use of TBT in these
sensitive environments;

Having regard to Council Directive 76/769/EEC of 27
July 1976 on the approximations 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 (1), as last
amended by Commission Directive 97/64/EC (2), and in
introduced by Council
particular Article 2a thereof,
Directive 89/678/EEC (3),

(4) Whereas pentachlorophenol (PCP) still poses a risk
to health and to the environment despite the
restrictions introduced by Directive 76/769/EEC;
whereas the use of PCP should be further restricted;
whereas, nevertheless, certain uses of PCP are still
necessary,
in the oceanic
maritime Member States;

for technical reasons,

(1) Whereas within the framework of the Act of Acces-
sion of Austria, Finland and Sweden to the Euro-
pean Union, in particular in Articles 69, 84 and
112 respectively, it is foreseen that during a period
of four years from 1 January 1995 certain provi-
sions of Annex I to Directive 76/769/EEC do not
apply to Austria, Finland and Sweden and shall be
reviewed in accordance with the procedures laid
down in the EC Treaty;

(5) Whereas the Council resolution of 25 January 1988
calls for an overall strategy to combat environ-
mental pollution by cadmium, including measures
to restrict the use of cadmium and stimulate devel-
opment of substitutes; whereas the risks posed by
cadmium are being assessed under Council Regula-
tion (EEC) No 793/93 (4) and the Commission will
review the restrictions on cadmium in light of the
results; whereas as an interim measure Sweden and
Austria which apply more far reaching restrictions
may retain these;

(2) Whereas

possible

compounds,

some organostannic

in
particular tributyltin (TBT), used for antifouling
still pose a risk to the aquatic environment and to
human health including
endocrine
disrupting activity; whereas the International Mari-
time Organisation (IMO) has recognised the risk
posed by TBT and the Marine Environment
Protection Committee of the IMO has called for a
global prohibition of the application of organotin
compounds which act as biocides in antifouling
systems on ships by 1 January 2003; whereas the
provisions on TBT shall be reviewed taking full
account of developments in the IMO; whereas anti-
fouling products providing for controlled release of
TBT have been developed and these should be
used in place of free association paint;

(6) Whereas the Scientific Committee on Toxicity,
Ecotoxicity and the Environment issued opinions
on organotin compounds and on PCP;

(7) Whereas this Directive does not affect Community
legislation laying down minimum requirements for
the protection of workers contained in Council
Directive 89/391/EEC (5) and in individual direct-
ives based thereon, in particular Council Directive
90/394/EEC (6) and Council Directive 98/24/EC (7)
on protection of health and safety of workers from
the risk related to chemical agents at work;

(1) OJ L 262, 27.9.1976, p. 24.
(2) OJ L 315, 19.11.1997, p. 13.
(3) OJ L 398, 30.12.1989, p. 24.

(4) OJ L 84, 5.4.1993, p. 1.
(5) OJ L 183, 29.6.1989, p. 1.
(6) OJ L 196, 26.7.1990, p. 1.
(7) OJ L 131, 5.5.1998, p. 11.

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Official Journal of the European Communities

L 142/23

(8) Whereas

in this
the measures provided for
Directive are in accordance with the opinion of the
Committee for the adaptation to technical progress
of Directives on the removal of technical barriers to
trade in dangerous substances and preparations,

cation. The procedure for such reference shall be adopted
by Member States.

2. Member States shall communicate to the Commis-
sion the main provisions of national law which they adopt
in the field covered by this Directive.

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex 1 to Directive 76/769/EEC is hereby adapted to
technical progress as set out in the Annex hereto.

Article 2

1. Member States shall adopt and publish the provi-
sions necessary to comply with this Directive by 29
February 2000 at the latest and shall forthwith inform the
Commission thereof. They shall apply these provisions as
from 1 September 2000. However, Austria, Finland and
Sweden may apply these provisions from 1 January 1999
except where otherwise specified in the Annex.

When Member States adopt these provisions, these shall
contain a reference to this Directive or shall be accompa-
nied by such reference at the time of their official publi-

Article 3

This Directive shall enter into force on the 20th day
following its publication in the Official Journal of the
European Communities.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 26 May 1999.

For the Commission

Martin BANGEMANN

Member of the Commission

L 142/24

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Official Journal of the European Communities

5. 6. 1999

In Annex I to Directive 79/769/EEC, points 21, 23 and 24 are amended as follows:

ANNEX

1. Point 21 is replaced by the following:

‘21. Organostannic compounds

1. May not be placed on the market for use as substances and constituents of
preparations when acting as biocides in free association antifouling paint.

2. May not be used as substances and constituents of preparations when acting as
biocides to prevent the fouling by microorganisms, plants or animals of:

(a) the hulls of:

 boats of an overall lenght, as defined by ISO 8666, of less than 25

metres,

 vessels of any length for use predominantly on inland waterways and

lakes;

(b) cages, floats, net and any other appliances or equipment used for fish or

shellfish farming;

(c) any totally or partly submerged appliance or equipment.

Such substances and preparations
 may be placed on the market only in packages of a capacity equal to or

greater than 20 litres,

 may not be sold to the general public but only to professional users.

Without prejudice to the application of other Community provisions on the
classification, packaging and labelling of dangerous substances and prepara-
the packaging of such preparations shall be legible and indelibly
tions,
marked as follows:

“Not to be used on boats of an overall length of less than 25 metres, or on
vessels of any length for use predominantly on inland waterways and lakes, or
on any appliances or equipment used in fish or shellfish farming

Restricted to professional users”.

3. The provisions referred to in Section 2(a) and the special labelling provisions
of Section 2 are applicable to Sweden and Austria from 1 January 2003 and
will be reviewed by the Commission in cooperation with Member States and
stakeholders before this date.

4. May not be used as substances and constituents of preparations intended for

the use in the treatment of industrial waters.'

2. Point 23 is replaced by the following:

‘23. Pentachlorophenol (CAS No 87-86-5) and

its salts and esters

Shall not be used in a concentration equal to or greater than 0,1 % by mass in
substances or preparations placed on the market.

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Official Journal of the European Communities

L 142/25

By way of derogation until 31 December 2008 France, Ireland, Portugal, Spain
and the United Kingdom may chose not to apply this provision to substances
and preparations intended for use in industrial installations not permitting the
emission and/or discharge of pentachlorophenol (PCP) in quantities greater than
those prescribed by existing legislation:

(a) in the treatment of wood.

However, treated wood may not be used:
 inside buildings whether for decorative purposes or not, whatever their

purpose (residence, employment, leisure),
 for the manufacture and re-treatment of:

(i) containers intended for growing purposes;
(ii) packaging that may come into contact with raw materials, intermediate
or finished products destined for human and/or animal consumption;
(iii) other materials that may contaminate the products mentioned in (i)

and (ii);

(b) in the impregnation of fibres and heavy-duty textiles not intended in any case

for clothing or for decorative furnishings;

(c) by way of special exception, Member States may on a case-by-case basis,
authorise on their territory specialised professionals to carry out in situ and
for buildings of cultural, artistic and historical interest, or in emergencies, a
remedial
fungus
(Serpula lacrymans) and cubic rot fungi.

timber and measonry infected by dry rot

treatment of

In any case:

(a) Pentachlorophenol used alone or as a component of preparations employed
within the framework of the above exceptions must have a total hexachlorodi-
benzoparadioxin (HCDD) content of not more than two parts per million
(ppm);

(b) these substances and preparations may not:

 be placed on the market except in packages of 20 litres or more;
 be sold to the general public.

Without prejudice to the implementation of other Community provisions
concerning the classification, packaging and labelling of dangerous substances
and preparations, the packaging of such preparations should be marked clearly
and indelibly:

“Reserved for industrial and professional use”

In addition, this provision shall not apply to wast covered by Directives 75/
442/EEC (1) and 91/689/EEC (2).

(1) OJ L 194, 25.7.1975, p. 39.
(2) OJ L 377, 31.12.1991, p. 20.'

3. The following section is added to Point 24 (cadmium) after Section 3:

‘4. Austria and Sweden, which already apply restrictions to cadmium going
further than those prescribed in Sections 1, 2 and 3 may continue to apply
these restrictions until 31 December 2002. The Commission will review the
provisions on cadmium in Annex I to Directive 76/769/EEC before this date
in light of the results of risk assessment for cadmium and of development of
knowledge and techniques in respect of substitutes for cadmium.'