European Parliament and Council Directive 94/60/EC of 20 December 1994 amending for the 14th time 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

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE  94/60/EC of 20 December 1994 amending for the 14th time 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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 100a  thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Comittee (2),
Acting in accordance with the procedure referred to in Article 189b of the Treaty (3),
Whereas measures should be adopted for the achievement of the internal market; whereas the internal  market is an area without internal frontiers in which the free movement of goods, persons, services  and capital is guaranteed;
Whereas work on the internal market should also gradually improve the quality of life, health  protection and consumer safety; whereas the measures proposed by this Directive are in line with  the Council resolution of 9 November 1989 on future priorities for relaunching consumer protection  policy (4);
Whereas the Council and the Representatives of the Governments of the Member States, meeting within  the Council, adopted Decision 90/238/Euratom, ECSC, EEC (5) concerning a 1990 to 1994 action plan  in the context of the 'Europe against Cancer` programme;
Whereas the substances which appear in Annex I to Council Directive 67/548/EEC (6) and are  classified as carcinogens category 1 or 2 may cause cancer; whereas to improve health protection  such substances and preparations containing them should not be placed on the market for use by the  general public;
Whereas the substances which appear in Annex I to Directive 67/548/EEC and are classified as  mutagens category 1 or 2 may cause heritable genetic damage; whereas to improve health protection  such substances and preparations containing them should not be placed on the market for use by the  general public;
Whereas the substances which appear in Annex I to Directive 67/548/EEC and are classified as toxic  for reproductive purposes category 1 or 2 may cause birth defects; whereas to improve health  protection such substances and preparations containing them should not be placed on the market for  use by the general public;
Whereas, for reasons of transparency and clarity, such substances should be referred to using a  recognized nomenclature, preferably that of the Iupac (International Union of Pure and Applied  Chemistry); whereas Annex I to Directive 67/548/EEC ('List of dangerous substances`) is regularly  updated by way of adaptation to technical progress; whereas the Commission will submit to the  European Parliament and the Council, no later than six months after publication of such adaptation  to technical progress in the Official Journal of the European Communities, a proposal for a  Directive governing the substances newly classified as carcinogenic in categories 1 and 2,  mutagenic in categories 1 and 2, and toxic for reproductive purposes in categories 1 and 2, so as  to update this Directive;
Whereas the said proposal from the Commission will take account of the risks and advantages of the  substances newly classified as well as of the Community legislative provisions on risk analysis;
Whereas Annex I to Directive 67/548/EEC lays down individual concentration limits for such  substances and, in the absence of such limits, Table VI of Annex I to Council Directive 88/379/EEC  (1), lays down general concentration limits which apply to such substances contained in  preparations;
Whereas creosote, as defined in the Annex to this Directive, may be damaging to health because of  its content of known carcinogens; whereas for these reasons the use of creosote in wood treatment  and the marketing and use of creosote-treated wood should be limited;
Whereas some of the components of creosote are poorly degradable and deleterious to certain  organisms in the environment; whereas these components may enter the environment as a result of the  use of treated wood;
Whereas some chlorinated solvents present a danger to health and should not be marketed to the  general public in substances and preparations;
Whereas the restrictions on the use of creosote in wood treatment, on the marketing and use of  creosote-treated wood and on the marketing and use of chlorinated solvents laid down by this  Directive take into account the current state of knowledge and techniques regarding safer  alternatives;
Whereas restrictions already adopted by certain Member States on the marketing and use of the  substances mentioned above or the preparations containing them directly affect the establishment  and functioning of the internal market; whereas it is therefore necessary to approximate the laws  of the Member States in this field and consequently amend Annex I to Council Directive 76/769/EEC  (2);
Whereas this Directive does not affect Community legislation laying down minimum requirements for  the protection of workers contained in Council Directive 89/391/EEC (3) and in individual  directives based thereon, in particular Directive 90/394/EEC (4),