COURT SEEKS TO ASCERTAIN WHETHER THOSE PROVISIONS ALSO APPLY TO DANGEROUS PREPARATIONS . THE QUESTION AROSE BECAUSE VARIOUS PROVISIONS OF THAT DIRECTIVE ALSO MENTION PREPARATIONS ; IN PARTICULAR , ARTICLE 5 ( 1 ) STATES THAT ' THE MEMBER STATES SHALL TAKE ALL THE MEASURES NECESSARY TO ENSURE THAT . . . SUBSTANCES CANNOT BE PLACED ON THE MARKET ON THEIR OWN OR IN PREPARATIONS UNLESS THE SUBSTANCES HAVE BEEN : . . . PACKAGED AND LABELLED IN ACCORDANCE WITH ARTICLES 15 TO 18 AND WITH THE CRITERIA IN ANNEX VI , AND IN ACCORDANCE WITH THE RESULTS OF THE TESTS PROVIDED FOR IN ARTICLE 6 ' .
13 IT IS CLEAR FROM THE VERY TERMS OF ALL THE PROVISIONS CONTAINED IN ARTICLES 15 TO 18 , ARTICLE 6 AND ANNEX VI OF THE DIRECTIVE THAT THOSE PROVISIONS REFER ONLY TO SUBSTANCES AND NOT TO PREPARATIONS . THE QUESTION IS THEREFORE CONFINED TO WHETHER THEY ARE NONE THE LESS ALSO APPLICABLE TO PREPARATIONS BY VIRTUE OF THE WORDS ' OR IN PREPARATIONS ' IN ARTICLE 5 .
14 THE REPLY TO THAT QUESTION MUST BE IN THE NEGATIVE FOR SEVERAL REASONS .
15 IT SHOULD BE NOTED THAT , AS THE VERY TITLE OF THE DIRECTIVE SUGGESTS , THE MEASURES LAID DOWN THEREIN ARE APPLICABLE AS A GENERAL RULE ONLY TO DANGEROUS SUBSTANCES . ACCORDING TO ARTICLE 1 , AS AMENDED BY ARTICLE 1 OF DIRECTIVE 79/831/EEC , ' THE PURPOSE OF ( THE ) DIRECTIVE IS TO APPROXIMATE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES ON : ( A ) THE NOTIFICATION OF SUBSTANCES , AND ( B ) THE CLASSIFICATION , PACKAGING AND LABELLING OF SUBSTANCES DANGEROUS TO MAN AND THE ENVIRONMENT , WHICH ARE PLACED ON THE MARKET IN THE MEMBER STATES ' .
16 FURTHERMORE , IN THE FOURTH RECITAL IN THE PREAMBLE TO THAT DIRECTIVE , THE COMMUNITY LEGISLATURE INDICATED ITS INTENTION IN THE FOLLOWING TERMS : ' IN VIEW OF THE PREPARATORY WORK STILL TO BE CARRIED OUT , THE APPROXIMATION OF PROVISIONS RELATING TO DANGEROUS PREPARATIONS WILL HAVE TO BE DEALT WITH IN LATER DIRECTIVES ; ... THEREFORE THE PRESENT DIRECTIVE MUST BE RESTRICTED TO THE APPROXIMATION OF PROVISIONS RELATING TO DANGEROUS SUBSTANCES ' .
17 AS THE COMMISSION EXPLAINED IN ITS OBSERVATIONS , SPECIAL PROVISIONS WERE NECESSARY BECAUSE A PREPARATION IS NOT DANGEROUS MERELY BECAUSE IT CONTAINS A DANGEROUS SUBSTANCE . THE PROPORTION IN WHICH THAT SUBSTANCE IS PRESENT AND THE CHEMICAL EFFECTS OF SUCH PRESENCE MUST BE CONSIDERED . THE COUNCIL HAS ADOPTED ONLY THREE SPECIAL DIRECTIVES DEALING WITH CERTAIN PREPARATIONS SO FAR : SOLVENTS ( DIRECTIVE 73/173/EEC , OFFICIAL JOURNAL , L 189 OF 11 SEPTEMBER 1973 , P . 7 ), PAINTS , VARNISHES , PRINTING INKS , ADHESIVES AND SIMILAR PRODUCTS ( DIRECTIVE 77/728/EEC , OFFICIAL JOURNAL , L 303 OF 28 NOVEMBER 1977 , P . 23 ) AND PESTICIDES ( DIRECTIVE 78/631/EEC , OFFICIAL JOURNAL , L 206 OF 29 JULY 1978