Directive 2005/69/EC of the European Parliament and of the Council of  16 November 2005  amending for the 27th 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 (polycyclic aromatic hydrocarbons in extender oils and tyres)
Date: 2005-11-16
Institutions: Council of the European Union, European Parliament
Subjects: approximation of laws, dangerous substance, health risk, marketing restriction, pneumatic tyre, toxic substance

9.12.2005

EN

Official Journal of the European Union

L 323/51

DIRECTIVE 2005/69/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 November 2005

amending for the 27th 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 (polycyclic aromatic
hydrocarbons in extender oils and tyres)

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,

(2) Benzo(a)pyrene (BaP) can be a qualitative and quantita-
tive marker for the presence of PAHs. BaP and other
PAHs have been classified as carcinogenic, mutagenic and
toxic to reproduction. In addition, due to the presence of
these PAHs, several extender oils as such have been
classified as carcinogenic, mutagenic and toxic to
reproduction.

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),

Whereas:

(3) The Scientific Committee on Toxicity, Ecotoxicity and the
Environment
scientific
findings which identify the adverse health effects of
PAHs.

confirmed the

(CSTEE) has

(4) The

emission of BaP and other PAHs

into the
environment should be reduced as much as possible. In
order to provide a high level of protection to human
health and the environment and to contribute to the
reduction of total annual emissions of PAHs as required
in the 1998 Protocol to the 1979 Convention on Long
Range Transboundary Air Pollution on Persistent
Organic Pollutants,
therefore appears necessary to
restrict the placing on the market and the use of PAH-
rich extender oils and blends used as extender oils for the
production of tyres.

it

(1) Tyres are produced by using extender oils that may
contain various levels of polycyclic aromatic hydrocar-
bons (PAHs) that are not added intentionally. During the
production process PAHs can be incorporated into the
rubber matrix. Therefore, they can be present in various
amounts in the final product.

(5) Council Directive 76/769/EEC of 27 July 1976 on the
the laws, regulations and adminis-
approximation of
trative provisions of
the Member States relating to
restrictions on the marketing and use of certain
dangerous substances and preparations (3) should there-
fore be amended accordingly.

(1) OJ C 120, 20.5.2005, p. 30.
(2) Opinion of the European Parliament of 9 June 2005 (not yet
Journal) and Council Decision of

published in the Official
17 October 2005.

(3) OJ L 262, 27.9.1976, p. 201. Directive as last amended by
Commission Directive 2004/98/EC (OJ L 305, 1.10.2004,
p. 63).

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(6) Without prejudice to the requirements of other European
provisions, this Directive covers passenger car tyres (1),
light and heavy truck tyres (2), agricultural tyres (3) and
motorcycle tyres (4).

(7)

In order to meet the necessary safety requirements and in
particular to ensure that tyres have a high degree of wet
grip performance, a transitory period is necessary during
which tyre producers will develop and test new types of
tyres produced without high aromatic extender oils.
According to the information at present available, the
development and testing work will take a considerable
amount of
time, as producers will have to perform
numerous series of test runs before the necessary high
level of wet grip performance of the new tyres can be
guaranteed. Therefore, this Directive should be applied to
economic operators from 1 January 2010.

(8) The adoption of harmonised test methods is necessary
for the application of this Directive as regards the content
of PAHs in extender oils and tyres. The adoption of such
test methods should not delay the entry into force of this
Directive. The test method should preferably be devel-
oped at European or international level, where appro-
priate by the European Committee for Standardisation
(CEN) or by the International Organisation for Standar-
dization (ISO). The Commission may publish references
to the relevant CEN or ISO standards or establish such
methods in accordance with Article 2a of Directive 76/
769/EEC, where necessary.

(9) 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 (5), and individual directives based
the
thereon,
European Parliament and of the Council of 29 April

in particular Directive 2004/37/EC of

(1)

Council Directive 92/23/EEC of 31 March 1992 relating to tyres
for motor vehicles and their trailers and to their fitting (OJ
L 129, 14.5.1992, p. 95). Directive as last amended by
Commission Directive 2005/11/EC (OJ L 46, 17.2. 2005, p. 42).

UN/ECE Regulation 106.

(2) Directive 92/23/EEC.
(3)
(4) Directive 97/24/EC of the European Parliament and the Council
of 17 June 1997 on certain components and characteristics of
two or three-wheeled motor vehicles (OJ L 226, 18.8.1997,
p. 1). Directive as last amended by Commission Directive 2005/
30/EC (OJ L 106, 27.4. 2005, p. 17).

(5) 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).

2004 on the protection of workers from the risks related
to exposure to carcinogens or mutagens at work (sixth
individual Directive within the meaning of Article 16(1)
of Council Directive 89/391/EEC) (6)
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 (14th individual Directive
within the meaning of Article 16(1) of Directive 89/391/
EEC) (7).

(10)

It is not the purpose of this Directive to restrict the
placing on the market, as defined in Article 2(1)(e) of
Council Directive 67/548/EEC of 27 June 1967 on the
approximation of laws, regulations and administrative
provisions relating to the classification, packaging and
labelling of dangerous substances (8), of tyres produced
before 1 January 2010 and which can thus be sold off
to this date. The date of
from stocks
production of
tyres can be easily recognised by the
existing mandatory marking of the ‘date of manufacture’
on the tyre as stipulated in Directive 92/23/EEC. All tyres
retreaded after 1 January 2010 should be retreaded with
new tread containing new PAH-low extender oils,

subsequent

HAVE ADOPTED THIS DIRECTIVE:

Article 1

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

Article 2

Member States shall adopt and publish the laws, regulations
and administrative provisions necessary to comply with this
Directive by 29 December 2006. They shall forthwith inform
the Commission thereof.

They shall apply those measures from 1 January 2010.

(6) OJ L 158, 30.4.2004, p. 50. Corrected version in OJ L 229,

29.6.2004, p. 23.

(7) OJ L 131, 5.5.1998, p. 11. Directive as amended by the 2003

Act of Accession.

(8) OJ

196, 16.8.1967, p. 1. Directive as last amended by
Commission Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1).
Corrected version in OJ L 216, 16.6.2004, p. 3.

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

Article 4

This Directive is addressed to the Member States.

Article 3

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

Done at Strasbourg, 16 November 2005.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
Bach of LUTTERWORTH

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ANNEX

The following point is added to Annex I to Directive 76/769/EEC:

‘50. Polycyclic-aromatic hydrocarbons (PAH)
1.

Benzo(a)pyrene (BaP)
CAS No 50-32-8
Benzo(e)pyren (BeP)
CAS No 192-97-2
Benzo(a)anthracene (BaA)
CAS No 56-55-3
Chrysen (CHR)
CAS No 218-01-9
Benzo(b)fluoranthene (BbFA)
CAS No 205-99-2
Benzo(j)fluoranthene (BjFA)
CAS No 205-82-3
Benzo(k)fluoranthene (BkFA)
CAS No 207-08-9
Dibenzo(a, h)anthracene (DBAhA)
CAS No 53-70-3

2.

3.

4.

5.

6.

7.

8.

1.

2.

3.

if

Extender oils may not be placed on the market and used
for the production of tyres or parts of tyres,
if they
contain:
— more than 1 mg/kg BaP, or
— more than 10 mg/kg of the sum of all listed PAHs.
These limits are regarded as kept,
the polycyclic
aromatics (PCA) extract is less than 3 % by mass, as
measured by the Institute of Petroleum standard IP346:
1998 (Determination of PCA in unused lubricating base
oils and asphaltene free petroleum fractions — Dimethyl
sulphoxide extraction refractive index method), provided
that compliance with the limit values of BaP and of the
listed PAHs, as well as the correlation of the measured
values with the PCA extract,
is controlled by the
manufacturer or importer every six months or after
each major operational change, whichever is earlier.
Furthermore,
retreading
manufactured after 1 January 2010 may not be placed
on the market if they contain extender oils exceeding the
limits indicated in paragraph 1.
These limits are regarded as kept, if the vulcanised rubber
compounds do not exceed the limit of 0,35 % Bay
protons as measured and calculated by ISO 21461
(Rubber vulcanised — Determination of aromaticity of
oil in vulcanised rubber compounds).
By way of derogation, paragraph 2 shall not apply to
retreaded tyres if their tread does not contain extender
oils exceeding the limits indicated in paragraph 1.’

and treads

tyres

the

for