CELEX: 51988PC0007
Language: en
Date: 1988-02-01
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING FOR THE EIGHTH TIME DIRECTIVE 76/769/EEC ON THE APPROXIMATION OF LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES RELATING TO RESTRICTIONS ON THE MARKETING AND USE OF CERTAIN DANGEROUS SUBSTANCES AND PREPARATIONS

16. 2. 88                               Official Journal of the European Communities                               No C 43/9
              Proposal for a Council Directive amending for the eighth time Directive 76/769/EEC on the
              approximation of laws, regulations and administrative provisions of the Member States relating
                to restrictions on the marketing and use of certain dangerous substances and preparations
                                                       COM(88) 7 final
                              (Submitted by the Commission to the Council on 4 February 1
                                                         (88/C 43/09)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           sified    as carcinogens category I in Directive
                                                                   67/548/EEC; whereas although within the Community,
Having regard to the Treaty establishing the European              they are now produced only in minimal, supervised
Economic Community, and in particular Article 100A                 quantities intended exclusively for research, they may
thereof,                                                           nevertheless be present in the form of impurities in other
                                                                   substances or preparations;
Having regard to the proposal from the Commission,
                                                                   Whereas apart from the specific measures applying solely
In cooperation with the European Parliament,                       to work-places, the laying down of a maximum concen-
                                                                   tration limit and a limit on the use of these substances as
Having regard to the opinion of the Economic and                   such Or as constituents of preparations would help to
Social Committee,                                                  prevent the incidence of cancer at work and protect
                                                                   consumers;
Whereas measures for the progressive establishment of
the internal market over the period up to 31 December              Whereas lead compounds in general, and in particular
1992 have to be adopted; whereas the internal market               lead salts that are readily soluble in the stomach, are
comprises an area without internal frontiers in which the          dangerous to health; whereas compounds of this type are
free movement of goods, persons, services and capital is           still occasionally used as pigments for certain decorative
guaranteed;                                                        paints; whereas their use in such cases should be
                                                                   regulated;
Whereas despite the ban on the marketing of certain
decorative objects intended to produce effects of light            Whereas certain anti-fouling preparations applied as
and comprising glass receptacles containing dangerous              protective coatings to boat hulls and/or underwater
liquids as defined by Council Directive 67/548/EEC ('),            equipment have harmful effects on living aquatic
as last amended by Directive 86/431/EEC (2), objects               organisms as a result of the use of certain chemical
presenting the same hazards are still being marketed for           compounds and in particular arsenic, mercury and tin
use in solitaire or other parlour games, sometimes with a          compounds; whereas in order to better protect the envi-
supplementary decorative function;                                 ronment, the use of such compounds in paints of this
                                                                   type should be regulated;
Whereas there should be a review of the content (0,01 °/o
by weight — 100 ppm) of PCB/PCT in preparations,
                                                                   Whereas           di-^i-oxo-di-n-butylstanniohydroxyborane
including waste oils; whereas in Council Directive
 87/101/EEC of 22 December 1986 amending Directive                 (C
                                                                   sition/degradation products are substances that are
75/439/EEC on the disposal of waste oils (3) this content
                                                                   dangerous to man and to the environment, and in
was set at 0,005 % by weight;
                                                                   particular the aquatic environment; whereas the use of
                                                                   those substances should be regulated;
Whereas benzene (CAS No 71-43-2) is a toxic substance
likely to affect the central nervous and hematopoietic
systems and to cause cancer and in particular leukaemia;           Whereas limitations on use or marketing already adopted
whereas this substance is classified as carcinogen                 by certain Member States in respect of the substances
category I in Directive 67/548/EEC;                                referred to above or of preparations containing them
                                                                   have a direct incidence on the establishment and func-
                                                                   tioning of the internal market; whereas it is therefore
Whereas the following substances: 2-naphthlyamine                  necessary to approximate the laws of the Member States
 (CAS No 91-59-8), 4-Nitrodiphenyl (CAS No 92-93-3),                in this field, and consequently to amend the Annex to
 4-aminodiphenyl (CAS-No 92-67-1), benzidine (CAS                   Council Directive 76/769/EEC (4), as last amended by
 No 92-87-5) may cause cancer and in particular cancer              Directive 85/610/EEC (5),
 of the urinary system; whereas these substances are clas-
 (') OJ No 196, 16. 8. 1967, p. 1/67.
 (2) OJ No L 247, 1. 9. 1986, p. 1.                                 (4) OJ No L 262, 27. 9. 1976, p. 201.
 O OJ No L 42, 12. 2. 1987, p. 43.                                  (5) OJ No L 375, 31. 12. 1985, p. 1.
 ---pagebreak--- N o C 43/10                                Official J o u r n a l of the E u r o p e a n Communities                              16. 2. 88
            HAS ADOPTED THIS DIRECTIVE:
                                                                     Article  1
            T h e Annex to Directive 7 6 / 7 6 9 / E E C is hereby a m e n d e d as follows:
                Point 3 is replaced by the following:
                '3. Liquid substances or preparations, which                  May not be used in:
                     are regarded as dangerous according to the
                                                                              — decorative objects intended to produce effects
                     definitions in Article 2 (2) and the criteria
                                                                                    of light or colour obtained via different
                     in Annex VI, Part II D of Council
                                                                                    phases, as in, for example, novelty lamps and
                     Directive 67/548/EEC of 27 June 1967, on
                                                                                    ashtrays,
                     the classification, packaging and labelling
                     of dangerous substances (*) as amended by                — tricks, jokes "solitaire" or parlour games, or
                     Directive 79/831 /EEC (**).                                    any object intended to be used as such, even
                                                                                    with decorative aspects.
                      (*) OJ No 196, 16. 8. 1967, p. 1/67.
                     (**) OJ No L 259, 15. 10. 1979, p. 10/
                The third indent of point 1 in the left-hand column: 'designation of the substance of the groups of
                substances or of the preparation' is hereby amended as follows:
                '— Preparations with a PCB or PCT content higher than 0,005 % by mass
                 — waste oils, with a PCB or PCT content higher than 0,005 % by mass pursuant to Council Directive
                      87/101/EEC(*).
                H OJ No L 42, 12. 2. 1987, p. 43.'
            3. The following is added to point 5 (benzene) in the right-hand column:
                 'May not be used in concentrations equal to or greater than 0,1 % by mass in substances or prep-
                 arations placed on the market.
                 However, this provision shall not apply to
                 (a) motor fuels;
                 (b) substances and preparations for use in industrial processes;
                  (c) waste covered by Directives 75/442/EEC (*) and 78/319/EEC (**).
                   (*) OJ No L 194, 25. 7. 1975, p. 39.
                  (**) OJ No L 84, 31. 3. 1978, p. 43.'
            4. The following points are added:
                 13. 2-naphthylamine
                       CAS No 91-59-8 and its salts                            May not be used in concentrations equal to or
                                                                               greater than 0,1 % by weight in substances and
                 14. Benzidine                                                 preparations placed on the market.
                      CAS No 92-87-5 and its salts
                                                                               However, this provision shall not apply to waste
                 15. 4-nitrobiphenyl
                                                                               containing one or more of these substances and
                       CAS No 92-93-3                                          covered      by    Directives   75/442/EEC     and
                 16. 4-aminobiphenyl                                           78/319/EEC.
                       CAS No 92-67-1 and its salts
                 17. Lead carbonates
                       — neutral anhydrous carbonate
                          Pb C O ,
                          CAS No 598-63-0
                       — lead hydrocarbonate
                          2Pb C 0 3 Pb(OH) 2                                    May not be used as substances and constituents
                          CAS No 1319-46-6                                      of preparations intended for use as paints.
                 18. Lead sulphates
                       Pb S 0 4 (1 : 1)
                       CAS No 7446-14-2
                       Pbx SO,
                       CAS No 15739-80-7
 ---pagebreak--- 16. 2. 88                              Official J o u r n a l of the E u r o p e a n Communities                               N o C 43/11
          19. Mercury compounds                                           May not be used as substances and constituents
                                                                          of preparations intended for use to prevent the
                                                                          fouling by micro-organisms, plants or animals of
                                                                          boat hulls or any submerged appliances or
                                                                          equipment.
          20. Arsenic compounds                                           May not be used as substances and constituents
                                                                          of preparations intended for use to prevent the
                                                                          fouling by micro-organisms, plants or animals of:
                                                                          (a) the hulls of boats;
                                                                          (b) cages, floats, nets and any other appliances or
                                                                                equipment used for fish or shellfish farming.
                                                                          This ban does not apply to solutions of inorganic
                                                                          salts of the CCA (copper-chromium-arsenic) type
                                                                          employed in industrial installations using vacuum
                                                                          or pressure to impregnate wood.
          21. Organostannic compounds                                      May not be used as substances and constituents
                                                                          of preparations intended for use to prevent the
                                                                           fouling by micro-organisms, plants or animals of:
                                                                           (a) the hulls of boats of an overall length, as
                                                                                 defined by ISO 8666, of less than 25 metres;
                                                                           (b) cages, floats, nets and any other appliances or
                                                                                 equipment used for fish or shellfish farming.
                                                                           Such preparations may not be sold retail to the
                                                                           general public but may be sold only to
                                                                           professional users in packagings of a capacity of
                                                                           not less than 20 litres.
                                                                           Without prejudice to the application of other
                                                                           Community provisions on the classification,
                                                                           packaging and labelling of dangerous substances
                                                                           and preparations, the packaging of such prep-
                                                                           arations shall be legibly and indelibly marked as
                                                                           follows:
                                                                           'Not to be used on boats of an overall length of
                                                                           less than 25 metres or on any appliances or
                                                                           equipment used in fish or shellfish farming'.
          22. di-u,-oxo-di-n-butylstanniohydroxyborane                     Shall be prohibited as a substance or as a
              (C 8 H 19 B0 3 S n , CAS No 75113-37-0)                      constituent of preparations placed on the market.
              (DBB)
                                                                            However, this provision shall not apply to this
                                                                            substance (DBB), or preparations containing it, if
                                                                            these are intended solely for conversion in a
                                                                            closed cycle into finished products, among which
                                                                            this substance will no longer feature as such.'
 ---pagebreak--- N o C 43/12                          Official Journal of the European Communities                           16. 2. 88
                                                         Article 2
            1.   Member States shall bring into force the laws, regulations and administrative provisions
            necessary to comply with this Directive not later than 1 July 1989. They shall forthwith inform
            the Commission thereof.
            2.   Member States shall communicate to the Commission not later than 31 December 1989
            the text of the provisions of national law which they adopt in the field covered by this
            Directive.
                                                         Article 3
            This Directive is adressed to the Member States.