Proposal for a Directive of the European Parliament and of the Council relating to restrictions on the marketing and use of toluene and trichlorobenzene (twenty-eighth amendment of Council Directive 76/769/EEC)
Date: 2004-04-28
Institutions: European Commission
Subjects: approximation of laws, dangerous substance, health risk, marketing restriction, toxic substance

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.4.2004 
COM(2004) 320 final 

2004/0111 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

relating to restrictions on the marketing and use of toluene and trichlorobenzene 
(twenty-eighth amendment of Council Directive 76/769/EEC) 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION AND CONTEXT 

Toluene is used as a raw material in the production of benzene and a host of other chemicals 
(e.g.  benzoic  acid,  nitrotoluenes,  tolyl  diisocyanates,  as  well  as  dyes,  pharmaceuticals,  food 
additives,  plastics,  etc.).  Due  to  its  solvent  power  toluene  can  be  present  in  consumer 
products, including household aerosols, paints, varnishes, adhesives, and glues. 

Trichlorobenzene  (TCB)  is  predominantly  used  as  an  intermediate  in  the  manufacture  of 
herbicides and as a process solvent in closed systems. Besides, TCB has other minor uses as a 
solvent, a dye carrier and as a corrosion inhibitor. 

The  risks  to  the  health  and  environment  by  toluene  and  TCB  have  been  assessed  under 
Council Regulation (EEC) 793/93 of 23 March 1993 on the evaluation and control of the risks 
of existing substances1. The risk assessments identified a need for reducing the risks to health 
from toluene and TCB. The Scientific Committee on Toxicity, Ecotoxicity and the Environment 
(CSTEE)  confirmed  the  conclusions  of  the  assessment  of  these  substances  and  the  need  to 
reduce risks to health. 

The  Commission  adopted  on  xx  xx  2004  Recommendations  in  the  framework  of 
Regulation (EEC) 793/93  on  risk  reduction  strategies  for  toluene  and  TCB  providing  for 
restrictions on the marketing and use to control the risks identified. 

On  the  basis  of  the  risk  assessments  and  recommended  risk  reduction  strategies  in  the 
framework  of  Regulation (EEC) 793/93  the  Commission  proposes  to  restrict  the  marketing 
and use of toluene, TCB, and of preparations containing them. 

The proposed Directive would introduce harmonised provisions on the marketing and use of 
toluene and TCB. 

2. 

JUSTIFICATION FOR PROPOSAL 

What are the objectives of the proposal in relation to the Community’s obligations? 

Due to the fact that certain uses of chemicals cannot be controlled under certain conditions, 
safety for human health can only be ensured by prohibiting such uses of the substances and 
preparations concerned. 

The  aim  of  the  proposal  is  to  preserve  the  Internal  Market.  When  Member  States  adopt 
national  provisions  restricting  the  marketing  and  use  of  dangerous  substances  and 
preparations  there  will  be  obstacles  to  trade  because  of  differences  in  legislation  between 
Member States. The Draft Proposal aims to improve the conditions for the functioning of the 
Internal Market to the benefit of the protection of people’s health and safety. 

1 

OJ L 84, 5.4.1993, p. 1. 

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What are the courses of action available to the Community? 

The  only  course  of  action  available  is  to  make  a  proposal  for  an  amendment  to 
Directive 76/769/EEC providing for harmonised rules on the use of toluene and TCB. 

Are  uniform  rules  necessary?  Is  it  not  sufficient  to  establish  targets  to  be  implemented  by 
Member States? 

The proposed Directive would establish uniform rules for the circulation of toluene and TCB. 
It  also  guarantees  a  high  level  of  protection  of  people’s  health  and  safety.  The  proposed 
amendment  to Directive 76/769/EEC  is the only way to meet these goals.  Targets would  be 
insufficient. 

3. 

RATIONALE OF THE PROPOSAL 

The proposed Directive would extend Annex I to Directive 76/769 by adding the substances 
toluene and TCB. Marketing and use of these substances would thus be restricted. 

4. 

COSTS AND BENEFITS 

4.1. 

Costs 

The proposed Directive should pose only minor problems to the industry or trade, as the uses 
of  toluene  and  TCB  are  declining  in  the  concerned  cases,  and  companies  have  already 
developed alternatives. 

4.2. 

Benefits 

The benefits of the proposal are to establish an Internal Market as well as to protect human 
health and the environment. The proposed ban will ensure that for certain uses which pose a 
risk to human health or the environment toluene and TCB are no longer on the market. 

5. 

PROPORTIONALITY 

The  proposed  Directive  would  yield  benefits  in  terms  of  protecting  human  health  and  the 
environment. This will be achieved at little cost. 

6. 

CONSULTATIONS  PERFORMED 
AMENDMENT 

IN  PREPARING  THE  DRAFT 

Advice  on  the  preparation  of  the  proposal  was  sought  through  meetings  involving  experts 
from Member States, the European Chemical Industry Council (CEFIC) and Eurométaux. The 
European Consumers’ Organisation BEUC has also been invited to give comments. 

7. 

CONFORMITY WITH THE TREATY 

This proposal is intended to preserve the Internal Market and at the same time ensure a high 
level  of  protection  of  human  health  and  the  environment.  It  is  therefore  in  conformity  with 
Article 95(3) of the Treaty. 

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8. 

EUROPEAN  PARLIAMENT  AND  EUROPEAN  ECONOMIC  AND  SOCIAL 
COMMITTEE 

In  compliance  with  Article 95  of  the  Treaty,  the  Codecision  Procedure  with  the  European 
Parliament is applicable. The European Economic and Social Committee has to be consulted. 

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2004/0111 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

relating to restrictions on the marketing and use of toluene and trichlorobenzene 
(twenty-eighth amendment of Council Directive 76/769/EEC) 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 95 thereof, 

Having regard to the proposal from the Commission 2, 

Having regard to the opinion of the European Economic and Social Committee 3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty 4, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

2 
3 
4 
5 

6 
7 

The  risks  posed  to  health  and  environment  by  toluene  and  trichlorobenzene  (TCB) 
have been assessed under Council Regulation (EEC) 793/93 of 23 March 1993 on the 
evaluation  and  control  of  the  risks  of  existing  substances5.  The  risk  assessment 
identified  a  need  to  reduce  those  risks,  and  the  Scientific  Committee  on  Toxicity, 
Ecotoxicity and the Environment (CSTEE) confirmed that conclusion. 

Commission  Recommendation  2004/xx/EC6  of  [date],  adopted  within  the  framework 
of Regulation (EEC) 793/93, proposed a risk reduction strategy for toluene and TCB, 
recommending restrictions to limit the risks from certain uses of these chemicals. 

In order to protect health and the environment, it therefore appears necessary that the 
placing on the market and the use of toluene and TCB should be restricted. 

Council  Directive  76/769/EEC  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 certain dangerous substances and preparations7 should be 
amended accordingly. 

OJ C xx. 
OJ C xx. 
OJ C xx. 
OJ  L  84,  5.4.1993,  p.  1.  Regulation  as  amended  by  Regulation  (EC)  No  1882/2003  of  the  European 
Parliament and of the Council (OJ L 57, 25.2.2003). 
OJ L x, x 2004, p. x. 
OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 2004/21/EC (OJ L 57, 
25.2.2004, p. 4). 

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(5) 

(6) 

The  objective  of  this  Directive  is  to  introduce  harmonised  provisions  with  regard  to 
toluene and TCB, thus preserving the internal market whilst ensuring a high level of 
protection  of  human  health  and  the  environment,  as  required  by  Article  95  of  the 
Treaty. 

This  Directive  does  not  affect  the  Community  legislation  laying  down  minimum 
requirements for the protection of workers, such as Council Directive 89/391/EEC of 
12 June 1989 on the introduction of measures to encourage improvements in the safety 
and health of workers at work 8, and individual directives based thereon, in particular 
Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the 
risks related to exposure to carcinogens at work (Sixth individual Directive within the 
meaning of Article 16(1) of Directive 89/391/EEC) 9 and Council Directive 98/24/EC 
of  7  April  1998  on  the  protection  of  the  health  and  safety  of  workers  from  the  risks 
related to chemical agents at work (fourteenth individual Directive within the meaning 
of Article 16(1) of Directive 89/391/EEC)10, 

HAVE ADOPTED THIS DIRECTIVE: 

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

Article 1 

Article 2 

1. 

Member States shall adopt and publish, by […] [one year after the date of its entry 
into force] at the latest, the laws, regulations and administrative provisions necessary 
to comply with this Directive. They shall forthwith communicate to the Commission 
the text of those provisions and a correlation table between those provisions and this 
Directive. 

They shall apply those provisions from xx xx 200x [eighteen months after the entry 
into force of this Directive]. 

When Member States adopt those provisions, the provisions 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. 

8 

9 

10 

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). 
OJ L 196, 26.7.1990, p. 1. Directive as last amended by Directive 1999/38/EC (OJ L 138, 1.6.1999, p. 
66). 
OJ L 131, 5.5.1998, p. 11. 

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

Article 3 

Article 4 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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The following points [XX] to [XX] are added to Annex I of Directive 76/769/EEC:  

ANNEX 

“[XX]. 
Toluene 
CAS No. 108-88-3 

[XX]. 
Trichlorobenzene 
CAS No. 120-82-1 

May not be placed on the market or used as a substance or 
constituent of preparations in a concentration equal or 
higher than 0.1 % by mass in adhesives and spray paints 
intended for sale to the general public. 

May not be placed on the market or used as a substance or 
constituent of preparations in a concentration equal or 
higher than 0.1 % by mass for all uses except as an 
intermediate.” 

8