Commission Directive 2001/91/EC of 29 October 2001 adapting to technical progress for the eighth time Annex I to 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 (hexachloroethane) (Text with EEA relevance)

Commission Directive 2001/91/EC
of 29 October 2001
adapting to technical progress for the eighth time Annex I to 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 (hexachloroethane)
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to 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 dangerous substances and preparations(1), as last amended by Commission Directive 2001/90/EC(2), and in particular Article 2a thereof, introduced by Council Directive 89/678/EEC(3), and Directive 97/16/EC of the European Parliament and of the Council of 10 April 1997, amending for the 15th time Directive 76/769/EEC on restrictions on the marketing and use of certain dangerous substances and preparations(4),
Whereas:
(1) Directive 97/16/EC prohibited the use of hexachloroethane in the manufacturing and processing of non-ferrous metals whilst permitting, by way of derogation, Member States to allow on their territories continued use, under specified conditions, in non-integrated aluminium foundries and in the production of certain magnesium alloys.
(2) There is no longer a need for derogations and Annex I to Directive 76/769/EEC should be adapted to technical progress for hexachloroethane by deleting the derogations.
(3) The restrictions on the use of hexachloroethane laid down by this Directive take into account the current state of knowledge and techniques regarding suitable alternatives.
(4) This Directive does not affect Community legislation laying down minimum requirements for the protection of workers contained in Council Directive 89/391/EEC(5) and in individual directives based thereon, in particular Council Directive 90/394/EEC(6), as last amended by Directive 1999/38/EC(7).
(5) The measures provided for in this Directive are in accordance with the opinion of the Committee for the adaptation to technical progress of the Directives on the removal of technical barriers to trade in dangerous substances and preparations,