Commission Directive 1999/77/EC of 26 July 1999 adapting to technical progress for the sixth time Annex I to 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 (asbestos) (Text with EEA relevance)
Date: 1999-07-26
Institutions: European Commission
Subjects: approximation of laws, dangerous substance, environmental protection

L 207/18

EN

Official Journal of the European Communities

6. 8. 1999

COMMISSION DIRECTIVE 1999/77/EC

of 26 July 1999

adapting to technical progress for the sixth time Annex I to 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
(asbestos)

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 76/769/EEC of 27 July
the laws, regulations and
1976 on the approximation of
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 Directive
1999/43/EC of the European Parliament and of the Council (2),
and in particular Article 2a thereof,
introduced by Council
Directive 89/678/EEC (3);

(1) Whereas the use of asbestos and products containing it
can, by the release of fibres, cause asbestosis, mesothe-
lioma and lung cancer; whereas placing on the market
and use should therefore be subject
to the severest
possible restrictions;

(2) Whereas Council Directive 83/478/EEC (4) amending for
the fifth time Directive 79/769/EEC specified that the
and products
asbestos
crocidolite
containing it may, with three possible exceptions, no
longer be placed on the market and used; whereas this
same Directive established obligatory labelling provi-
sions for all products containing asbestos fibres;

type of

fibre

(3) Whereas Council Directive 85/610/EEC (5) amending for
the seventh time Directive 76/769/EEC specified that
asbestos fibres can no longer be placed on the market
and used in toys, materials and preparations applied by
spraying,
form, smoking
accessories, catalytic heaters, paints and varnishes;

retail products in powder

(4) Whereas Commission Directive 91/659/EEC (6) adapting
to technical progress Annex I of Directive 76/769/EEC
specified that all of the amphibole type of asbestos fibres
and products containing them may no longer be placed
on the market and used; whereas this same directive
specified that the chrysotile type of asbestos fibre and
products containing it may no longer be placed on the
market and used for fourteen categories of products;

(1) OJ L 262, 27.9.1976, p. 24.
(2) OJ L 166, 1.7.1999, p. 87.
(3) OJ L 398, 30.12.1989, p. 24.
(4) OJ L 263, 24.9.1983, p. 33.
(5) OJ L 375, 31.12.1985, p. 1.
(6) OJ L 363, 31.12.1991, p. 36.

(5) Whereas the Scientific Committee on Toxicity, Ecotox-
icity and the Environment was consulted on the health
effects of chrysotile asbestos and its substitutes;

(6) Whereas there are now available for most remaining
uses of chrysotile asbestos substitutes or alternatives
which are not classified as carcinogens and are regarded
as less dangerous;

(7) Whereas no threshold level of exposure has yet been
identified below which chrysotile asbestos does not pose
carcinogenic risks;

(8) Whereas exposure of workers and other users of
asbestos-containing products is extremely difficult
to
control and may greatly exceed current limit values on
an intermittent basis and this category of exposure now
poses the greatest risks for development of asbestos-
related diseases;

(9) Whereas an effective way of protecting human health is
to prohibit the use of chrysotile asbestos fibres and
products containing them;

is

continually developing; whereas

(10) Whereas the scientific knowledge about asbestos and its
substitutes
the
Commission will therefore ask the Scientific Committee
on Toxicity, Ecotoxicity and the Environment to under-
take a further review of any relevant new scientific data
on the health risks of chrysotile asbestos and its substi-
tutes before 1 January 2003; whereas this review will
also consider other aspects of this directive, in particular
technical progress;
in the light of
the derogations,
whereas,
the Commission will propose
appropriate changes to legislation;

if necessary,

(11) Whereas a period of adjustment is required to phase out
the marketing and use of chrysotile asbestos and prod-
ucts containing it; whereas this period should be longer
for diaphragms used for electrolysis in existing installa-
tions because the risk of exposure is extremely low and
more time is necessary to develop suitable alternatives in
this safety-critical application; whereas the Commission
will review this derogation before 1 January 2008 after
having consulted the Scientific Committee on Toxicity,
Ecotoxicity and the Environment;

6. 8. 1999

EN

Official Journal of the European Communities

L 207/19

(12) Whereas this Directive is without prejudice to Council
Directive 89/391/EEC laying down minimum require-
ments for the protection of workers (1), and its indi-
vidual Directives within the meaning of Article 16(1) of
that Directive,
in particular Council Directive 90/
394/EEC of 28 June 1990 on protection of workers
from the risks related to exposure to carcinogens at
work (2) as amended by Directive 97/42/EC (3);

(13) Whereas Council Directive 91/382/EEC (4) amending
Directive 83/477/EEC on the protection of workers from
the risks related to exposure to asbestos at work
provides a framework of control where activities may
expose workers to asbestos dust;

(14) Whereas this Directive is whithout prejudice to Commis-
sion Directive 98/12/EC (5)
adapting to technical
progress Council Directive 71/320/EEC on the approx-
imation of the laws of the Member States relating to the
braking devices of certain categories of motor vehicles
and their trailers;

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

Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 1st January 2005 at the latest and shall
imme-
diately inform the Commission thereof.

these provisions,

When Member States adopt
these shall
contain a reference to the Directive or shall be accompanied by
such reference at the time of their official publication. The
procedure for such reference shall be adopted by Member
States.

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

From entry into force of this Directive to 1st January
3.
2005, Member States may not allow the introduction of new
applications for chrysotile asbestos on their territories.

Article 3

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

This Directive is addressed to the Member States.

Article 4

HAS ADOPTED THIS DIRECTIVE:

Done at Brussels, 26 July 1999.

Article 1

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

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ L 183, 29.6.1989, p. 1.
(2) OJ L 196, 26.7.1990, p. 1.
(3) OJ L 179, 8.7.1997, p. 4.
(4) OJ L 206, 29.7.1991, p. 16.
(5) OJ L 81, 18.3.1998, p. 1.

L 207/20

EN

Official Journal of the European Communities

6. 8. 1999

In Annex I to Directive 76/769/EEC point 6 shall be replaced by the following point:

ANNEX

‘6.1. Crocidolite, CAS No 12001-28-4

Amosite, CAS No 12172-73-5
Anthophyllite asbestos, CAS No 77536-67-5
Actinolite asbestos, CAS No 77536-66-4
Tremolite asbestos, CAS No 77536-68-6

6.2. Chrysotile, CAS No 12001-29-5

6.1. The placing on the market and use of these fibres and
of products containing these fibres added intentionally
shall be prohibited

6.2. The placing on the market and use of this fibre and of
products containing this fibre added intentionally
shall be prohibited.

However, Member States may except diaphragms for
existing electrolysis installations until they reach the
end of their service life, or until suitable asbestos-free
substitutes become available, whichever is the sooner.
The Commission will review this derogation before
1 January 2008.

The use of products containing asbestos
fibres
referred to in points 6.1 and 6.2 which were already
installed and/or in service before the implementation
date of Directive 1999/77/EC by the Member State
concerned shall continue to be authorised until they
are disposed of or reach the end of their service life.
However, Member States may, for reasons of protec-
tion of health, prohibit within their territory the use
of such products before they are disposed of or reach
the end of their service life.

to the

Without prejudice
application of other
Community provisions on the classification, pack-
aging and labelling of dangerous substances and pre-
parations, the placing on the market and use of these
fibres and of products containing these fibres, as
authorised according to the preceeding derogations,
may be permitted only if the products bear a label in
accordance with the provisions of Annex II
to
Directive 76/769/EEC.’