Commission Directive 2004/21/EC of 24 February 2004 relating to restrictions on the marketing and use of "azo colourants" (thirteenth adaptation to technical progress of Council Directive 76/769/EEC) (Text with EEA relevance)
Date: 2004-02-24
Institutions: European Commission
Subjects: dyestuff, leather industry, marketing restriction, textile industry

L 57/4

EN

Official Journal of the European Union

25.2.2004

COMMISSION DIRECTIVE 2004/21/EC

of 24 February 2004

relating to restrictions on the marketing and use of ‘azo colourants’ (thirteenth adaptation to
technical progress of Council Directive 76/769/EEC)

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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
technical barriers to trade in dangerous
substances and preparations,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 76/769/EEC is amended as set out in the
Annex to this Directive.

Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2004 at the latest. They shall forth-
with inform the Commission thereof.

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.

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

Article 3

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

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 24 February 2004.

For the Commission

Erkki LIIKANEN

Member of the Commission

Having regard to the Treaty establishing the European
Community,

Having regard to Directive 2002/61/EC (1) of the European
Parliament and of the Council of 19 July 2002 amending for
the nineteenth time Council Directive 76/769/EEC relating to
restrictions on the marketing and use of certain dangerous
substances and preparations (azocolourants)and in particular
Article 2 thereof,

Whereas:

(1)

(2)

(3)

(4)

According to Directive 2002/61/EC amending for the
nineteenth time Council Directive 76/769/EEC (2) of 27
July 1976 on the approximation of the laws, regulations
and administrative provisions of
the Member States
relating to restrictions on the marketing and use of
dangerous substances and preparations certain azoco-
lourants are not to be used in textiles and leather articles.
Those textiles or leather articles may not be placed on
the market unless they conform to the requirements set
out in that Directive.

Article 2 of Directive 2002/61/EC requires the adoption
of testing methods for the application of point 43 of
Annex I to Directive 76/769/EEC.

The European Committee for Standardisation (CEN) has
developed testing methods, which should be used for
testing textile and leather articles in accordance with the
application of point 43 of Annex I to Directive 76/769/
EEC.

This Directive should apply without prejudice to Com-
munity legislation laying down minimum requirements
in particular Council
for the protection of workers,
Directive 89/391/EEC of 12 June 1989 on the introduc-
tion of measures to encourage improvements in the
safety and health of workers at work (3), and Council
Directive 90/394/EEC of 28 June 1990 on the protec-
tion of workers from the risks related to carcinogens at
work (Sixth individual Directive within the meaning of
Article 16(1) of Directive 89/391/EEC (4)).

(1) OJ L 243, 11.9.2002, p. 15.
(2) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Directive
2003/53/EC of the European Parliament and of the Council (OJ L
178, 17.7.2003, p. 24).

(3) OJ L 183, 29.6.1989, p. 1. Directive as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council (OJ L
284, 31.10.2003, p. 1).

(4) OJ L 196, 26.7.1990, p. 1. Directive as last amended by Directive

1999/38/EC (OJ 138, 1.6.1999, p. 66).

25.2.2004

EN

Official Journal of the European Union

L 57/5

ANNEX

Annex I to Directive 76/769/EEC is amended as follows:

1. In point 43, Azocolourants, in the second column point 1 is replaced by the following:

‘1.
Azodyes which, by reductive cleavage of one or more azo groups, may release one or more of the aromatic
amines listed in the Appendix, in detectable concentrations, i.e. above 30 ppm in the finished articles or in the dyed
parts thereof, according to the testing methods listed in that Appendix, may not be used in textile and leather articles
which may come into direct and prolonged contact with the human skin or oral cavity, such as:
— clothing, bedding, towels, hairpieces, wigs, hats, nappies and other sanitary items, sleeping bags,

— footwear, gloves, wristwatch straps, handbags, purses/wallets, briefcases, chair covers, purses worn round the

neck,

— textile or leather toys and toys which include textile or leather garments,

— yarn and fabrics intended for use by the final consumer.’

2. In point 43 of the Appendix the following is added:

‘List of testing methods

European Standar-
disation Organisa-
tion (*)

Reference and title of the standard

Reference document

Reference of the
superseded standard

CEN

CEN

CEN

Leather — Chemical tests — Determination of
certain azo colourants in dyed leathers

CEN ISO/TS
17234:2003

NONE

Textiles — Methods for the determination of
certain aromatic amines derived from azo
colorants — Part 1: Detection of the use of
certain azo colorants
accessible without
extraction

Textiles — Methods
for determination of
certain aromatic amines derived from azo
colorants — Part 2: Detection of the use of
certain azo colorants accessible by extracting
the fibres

EN 14362-1:2003

NONE

EN 14362-2:2003

NONE

(*) ESO: European Standardisation Organisations:

CEN: rue de Stassart 36, B-1050 Bruxelles; tel. (32-2) 550 08 11, fax: (32-2) 550 08 19. http://www.cenorm.be
CENELEC: rue de Stassart 35, B-1050 Bruxelles; tel. (32-2) 519 68 71, fax: (32-2) 519 69 19. http://www.cenelec.org
ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis; tel. (33) 492 94 42 00, fax: (33) 493 65 47 16. http://www.etsi.org’