Directive 2005/59/EC of the European Parliament and of the Council of  26 October 2005  amending for the 28th time 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 (toluene and trichlorobenzene)   (Text with EEA relevance)
Date: 2005-10-26
Institutions: Council of the European Union, European Parliament
Subjects: dangerous substance, environmental protection, market approval, public health

25.11.2005

EN

Official Journal of the European Union

L 309/13

DIRECTIVE 2005/59/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 26 October 2005

amending for the 28th time Council Directive 76/769/EEC on the approximation of the laws, regu-
lations and administrative provisions of the Member States relating to restrictions on the
marketing and use of certain dangerous substances and preparations (toluene and trichloro-
benzene)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (2),

(4)

(5)

Whereas:

(1)

(2)

The risks presented to man and the environment by
toluene and trichlorobenzene (TCB) have been assessed
under Council Regulation (EEC) No 793/93 of 23 March
the risks of
1993 on the evaluation and control of
existing substances (3). The risk evaluation identified a
need to limit those risks, and the Scientific Committee
on Toxicity, Ecotoxicity and the Environment (CSTEE)
confirmed that conclusion.

Commission Recommendation 2004/394/EC of 29 April
2004 on the results of the risk evaluation and the risk
reduction strategies for the substances: acetonitrile; acry-
lamide; acrylonitrile; acrylic acid; butadiene; hydrogen
fluoride; hydrogen peroxide; methacrylic acid; methyl
methacrylate;
adopted
within the framework of Regulation (EEC) No 793/93,
contains a strategy for limiting risks of toluene and TCB,
recommending restrictions to limit the risks from certain
uses of these substances.

trichlorobenzene (4),

toluene;

(3)

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

(1) OJ C 120, 20.5.2005, p. 6.
(2) Opinion of the European Parliament of 13 April 2005 (not yet
Journal) and Council Decision of

published in the Official
19 September 2005.

(3) 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 284, 31.10.2003, p. 1).

(4) OJ L 144, 30.4.2004, p. 72. Corrected version in OJ L 199,

7.6.2004, p. 41.

The aim of this Directive is to introduce harmonising
measures with regard to toluene and TCB, which have as
their object
the internal
market whilst ensuring a high level of protection of
human health and of the environment, as required by
Article 95 of the Treaty.

functioning of

the proper

This Directive is to apply without prejudice to Com-
munity legislation laying down minimum requirements
for the protection of workers, contained in Council
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 (5), and individual
directives based thereon, in particular 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 (14th individual Directive
within the meaning of Article 16(1) of Directive
89/391/EEC) (6) and Directive 2004/37/EC of the Euro-
pean Parliament and of the Council of 29 April 2004 on
the protection of workers from the risks related to expo-
sure to carcinogens or mutagens at work (sixth indivi-
dual Directive within the meaning of Article 16(1) of
Council Directive 89/391/EEC) (7).

(6)

Directive 76/769/EEC (8) should be amended accord-
ingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

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

(5) OJ L 183, 29.6.1989, p. 1. Directive as amended by Regulation (EC)

No 1882/2003.

(6) OJ L 131, 5.5.1998, p. 11.
(7) OJ L 158, 30.4.2004, p. 50. Corrected version in OJ L 229,

29.6.2004, p. 23.

(8) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commis-

sion Directive 2004/98/EC (OJ L 305, 1.10.2004, p. 63).

L 309/14

EN

Official Journal of the European Union

25.11.2005

Article 2

Article 3

1. Member States shall adopt and publish the laws, regula-
tions and administrative provisions necessary to comply with
this Directive before 15 December 2006. They shall forthwith
inform the Commission thereof.

They shall apply these measures from 15 June 2007.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

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,
together with a table
showing how the provisions of this Directive correspond to the
national provisions adopted.

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

Article 4

This Directive is addressed to the Member States.

Done at Strasbourg, 26 October 2005.

For the European Parliament

The President

J. BORRELL FONTELLES

For the Council

The President

D. ALEXANDER

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

ANNEX

‘48.

Toluene

CAS No 108-88-3

49.

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 to or higher than 0,1 % by mass in adhe-
sives 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 to or higher than 0,1 % by mass for all
uses except

— as an intermediate of synthesis, or
— as a process solvent in closed chemical applications for chlorination reac-

tions, or

— in the manufacture of 1,3,5 — trinitro — 2,4,6 — triaminobenzene (TATB)’