Commission Directive 2002/62/EC of 9 July 2002 adapting to technical progress for the ninth 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 (organostannic compounds) (Text with EEA relevance)
Date: 2002-07-09
Institutions: European Commission
Subjects: approximation of laws, dangerous substance, environmental protection, health risk, marketing, occupational safety, safety standard

L 183/58

EN

Official Journal of the European Communities

12.7.2002

COMMISSION DIRECTIVE 2002/62/EC

of 9 July 2002

adapting to technical progress for the ninth 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
(organostannic compounds)

(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
1976 on the approximation of the laws, regulations and admin-
istrative 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
2001/91/EC (2), and in particular Article 2a thereof, introduced
by Council Directive 89/678/EEC (3),

Whereas:

(1)

(2)

(3)

Commission Directive 1999/51/EC (4) adapting to tech-
nical progress for the fifth time Annex I to Directive 76/
769/EEC, prohibits the use of organostannic compounds
in antifouling applications on the hulls of boats of less
than twenty-five metres and vessels of any length used
predominantly on inland waters. This Directive calls for
a review of the provisions in relation to organostannic
compounds used in antifouling products taking full
account of developments within the International Mari-
time Organisation (IMO) and in particular, the call of
their Marine Environment Protection Committee for a
global prohibition of the application of organostannic
compounds which act as biocides in antifouling systems
on ships by 1 January 2003.

Scientific studies have shown that certain antifouling
systems used on ships pose a substantial risk to the
aquatic environment. An IMO International Convention
on the Control of Harmful Antifouling Systems, agreed
at an IMO Diplomatic Conference in October 2001,
includes a prohibition from 1 January 2003, on the
re-application to ships of organotin
application or
compounds which act as biocides in antifouling systems.

The prohibition of application or re-application of orga-
nostannic compounds directly affects the functioning of
the internal market in organostannic compounds and it
is therefore necessary to approximate the laws of the
Member States in this field and consequently to amend
to Directive 76/769/EEC and in particular,
Annex I
Directive 1999/51/EC.

(1) OJ L 262, 27.9.1976, p. 201.
(2) OJ L 286, 30.10.2001, p. 27.
(3) OJ L 398, 30.12.1989, p. 24.
(4) OJ L 142, 5.6.1999, p. 22.

(4)

(5)

(6)

(7)

(8)

A Regulation of
the European Parliament and the
Council will address measures in relation to vessels
treated with organostanic compounds.

Directive 94/25/EC of the European Parliament and of
the Council (5) regulates pleasure craft and these craft
shall also be subject to the same restrictions as other
boats.

This Directive does not affect Community legislation
laying down minimum requirements for the protection
of workers contained in Council Directive 89/391/
EEC (6) and in individual directives based thereon,
in
particular Council Directive 90/394/EEC (7), as
last
amended by Directive 1999/38/EC (8), and Council
Directive 98/24/EC (9) on protection of health and safety
of workers from chemical agents at work.

This Directive does not affect Community legislation
covering the use of organostannic compounds in food-
contact plastics contained in Commission Directive 90/
128/EEC of 23 February 1990 relating to plastics mate-
rials and articles intended to come into contact with
foodstuffs (10), as last amended by Directive 2002/17/
EC (11).

The measures provided for in this Directive are in accor-
dance with the opinion of the Committee for the adapta-
tion to technical progress of directives on the removal of
technical barriers to trade in dangerous substances and
preparations,

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 hereto.

(5) OJ L 164, 30.6.1994, p. 15.
(6) OJ L 183, 29.6.1989, p. 1.
(7) OJ L 196, 26.7.1990, p. 1.
(8) OJ L 138, 1.6.1999, p. 66.
(9) OJ L 131, 5.5.1998, p. 11.
(10) OJ L 349, 13.12.1990, p. 26.
(11) OJ L 58, 28.2.2002, p. 19.

12.7.2002

EN

Official Journal of the European Communities

L 183/59

Article 2

Member States shall adopt and publish the provisions necessary to comply with this Directive by 31
October 2002 at the latest. They shall forthwith inform the Commission thereof. They shall apply these
provisions on 1 January 2003.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accom-
panied by such a reference on the occasion of their official publication. Member States shall determine how
such reference is to be made.

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

Article 3

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 9 July 2002.

For the Commission

Erkki LIIKANEN

Member of the Commission

In Annex I to Directive 76/769/EEC, point 21 shall be replaced by the following point:

ANNEX

‘Organostannic compounds

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

2. May not be placed on the market or used as substances and constitu-
ents of preparations which act as biocides to prevent the fouling by
microorganisms, plants or animals of:

(a) tall craft irrespective of their length intended for use in marine,

coastal, estuarine and inland waterways and lakes;

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

fish or shellfish farming;

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

3. May not be used as substances and constituents of preparations

intended for use in the treatment of industrial waters.’