Commission Directive 2001/91/EC of 29 October 2001 adapting to technical progress for the eighth 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 (hexachloroethane) (Text with EEA relevance)
Date: 2001-10-29
Institutions: European Commission
Subjects: approximation of laws, dangerous substance, health risk, marketing, occupational safety, safety standard

30.10.2001

EN

Official Journal of the European Communities

L 286/27

COMMISSION DIRECTIVE 2001/91/EC

of 29 October 2001

adapting to technical progress for the eighth 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 (hexa-
chloroethane)

(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 dangerous substances
and preparations (1), as last amended by Commission Directive
2001/90/EC (2), and in particular Article 2a thereof, introduced
by Council Directive 89/678/EEC (3), and Directive 97/16/EC of
the European Parliament and of the Council of 10 April 1997,
amending for the 15th time Directive 76/769/EEC on restric-
tions on the marketing and use of certain dangerous substances
and preparations (4),

Whereas:

(1)

(2)

(3)

(4)

(5)

Directive 97/16/EC prohibited the use of hexachloro-
ethane in the manufacturing and processing of non-
ferrous metals whilst permitting, by way of derogation,
Member States to allow on their territories continued
use, under
in non-integrated
aluminium foundries and in the production of certain
magnesium alloys.

specified conditions,

There is no longer a need for derogations and Annex I
to Directive 76/769/EEC should be adapted to technical
progress for hexachloroethane by deleting the deroga-
tions.

The restrictions on the use of hexachloroethane laid
down by this Directive take into account the current
state of knowledge and techniques regarding suitable
alternatives.

This Directive does not affect Community legislation
laying down minimum requirements for the protection
of workers
in Council Directive 89/
391/EEC (5) and in individual directives based thereon, in
particular Council Directive 90/394/EEC (6), as
last
amended by Directive 1999/38/EC (7).

contained

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

removal of
substances and preparations,

technical barriers to trade in dangerous

HAS ADOPTED THIS DIRECTIVE:

Article 1

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

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by 31 December 2002 at the latest. They shall forth-
with inform the Commission thereof. They shall apply these
provisions as from 30 June 2003.

those provisions,

When Member States adopt
these shall
contain a reference to this Directive or be accompanied by
such a reference on the occasion of their official publication.
Member States shall determine how such reference is to be
made.

Article 3

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

Article 4

This directive is addressed to the Member States.

Done at Brussels, 29 October 2001.

For the Commission

Erkki LIIKANEN

Member of the Commission

(1) OJ L 262, 27.9.1976, p. 24.
(2) OJ L 283, 27.10.2001, p. 41.
(3) OJ L 398, 30.12.1989, p. 24.
(4) OJ L 116, 6.5.1997, p. 31.
(5) OJ L 183, 29.6.1989, p. 1.
(6) OJ L 196, 26.7.1990, p. 1.
(7) OJ L 138, 1.6.1999, p. 66.

L 286/28

EN

Official Journal of the European Communities

30.10.2001

In Annex I to Directive 76/769/EEC, point 41 shall be replaced by the following point:

ANNEX

‘41 Hexachloroethane

May not be used in the manufacturing or processing of non-ferrous metals.’

CAS No 67-72-1
EINECS No 2006664