Decision No 455/2009/EC of the European Parliament and of the Council of 6 May 2009 amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of dichloromethane (Text with EEA relevance )

3.6.2009 EN Official Journal of the European Union L 137/3
DECISION No 455/2009/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 6 May 2009
amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of dichloromethane
(Text with EEA relevance)
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,
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:
(1) The risks posed to human health by dichloromethane (DCM) in paint strippers have been assessed in several studies (3) which have concluded that risk reduction measures are required throughout the Community to reduce the risks posed to human health during the application of DCM at industrial, professional and consumer levels. The results of those studies have been evaluated by the Commission’s Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE — later renamed the Scientific Committee on Health and Environmental Risks (SCHER)) which has confirmed that exposure to DCM released from paint strippers is of concern for human health.
(2) In order to achieve a high level of health protection for all use categories (industrial, professional and general public), the marketing and use of paint strippers containing DCM should be restricted.
(3) Paint strippers containing DCM are used by members of the general public at home to remove paints, varnishes and lacquers both indoors and outdoors. The safe use of DCM by them cannot be ensured by training or monitoring. Therefore, the only measure effective in eliminating the risks arising for the general public from paint strippers containing DCM is a ban, with respect to the general public, on the marketing, supply and use of such paint strippers.
(4) In order to ensure a proportionate enforceability of the phase-out along the supply chain of paint strippers containing DCM, different dates to prohibit the first placing on the market and the final supply to the general public and professionals should be fixed.
(5) As the general public may have, despite the ban, access to paint strippers containing DCM through the distribution chain intended for industrial and professional users, a warning phrase should be included on the product.
(6) The fatalities registered in Europe for industrial and professional uses over the last 18 years are mainly attributed to inadequate ventilation, inappropriate personal protective equipment, the use of inadequate tanks and overexposure to DCM. Therefore restrictions should be imposed to control and reduce the risks involved in industrial and professional uses.
(7) Professionals are generally covered by worker protection legislation. However, many professional activities are often conducted on customers’ premises which often do not have all the appropriate measures to manage, control and reduce the risks to health. Moreover, self-employed workers are not covered by Community worker protection legislation and they would need adequate training before removing paint with paint strippers containing DCM.
(8) The placing on the market of paint strippers containing DCM and their use by professionals should therefore be banned in order to protect their health and to reduce the number of fatalities and non-fatal accidents. Nevertheless, where the replacement of DCM is deemed to be particularly difficult or inappropriate, Member States should be able to allow further use of DCM by approved professionals. Member States should be responsible for granting and monitoring such a derogation, which should be based on compulsory training with specific requirements. However, employers and self-employed workers should by preference avoid the use of DCM by replacing it with a chemical agent or process which, under its conditions of use, presents no risk, or a lower risk, to the health and safety of workers.
(9) The number of fatalities and non-fatal accidents registered during industrial activities is an indication of inadequate compliance with workplace legislation applicable to workers using DCM. Exposure to DCM remains high and further risk reduction measures should apply to workers in industrial installations. Preventive measures to minimise exposure and to ensure compliance, where technically possible, with relevant occupational exposure limits should be adopted, such as effective ventilation of the workplace, measures to minimise evaporation of DCM from strip tanks, measures for the safe handling of DCM in strip tanks, appropriate personal protective equipment and adequate information and training.
(10) Personal protective equipment should comply with Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (4).
(11) Council Directive 76/769/EEC of 27 July 1976 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 (5) should therefore be amended accordingly.
(12) This Decision is without prejudice to 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 (6) and individual Directives based thereon, in particular Directive 2004/37/EC of the European Parliament and of the Council of 29 April 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) (codified version) (7) 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 (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (8),