4.12.97 Official Journal of the European Communities L 333/1 (Acts whose publication is obligatory) DIRECTIVE 97/56/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 October 1997 amending for the 16th 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 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 (!), Having regard to the opinion of the Economic and Social Committee (%), ' Acting in accordance with the procedure laid down in Article 189b of the Treaty (%), (1) Whereas measures should be adopted for the smooth operation of the internal market; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is-ensured; (2)  Whereas the operation of the internal market should also gradually improve the quality of life, health protection and consumer safety; whereas the measutres proposed by this Directive are in line with the Council resolution of 9 November 1989 on future priorities for relaunching consumer protection policy (*); 0] C 383, 19. 12. 1996, p. 1. O] C 133, 28. 4. 1997, p. 38. Opinion of the European Parliament of 16 January 1997 (O] C 33, 3. 2. 1997, p. 75), Council common position of 9 June 1997 (OJ C 234, 1. 8. 1997, p. 1) and Decision of the European Parliament of 15 July 1997 (O] L 286, 22. 9. 1997). Council Decision of 15 September 1997. () OJ C 294, 22.-11. 1989, p. 1. —~ e~ — we == Whereas the Council and the representatives of the Governments of the Member States, meeting within  the  Council, adopted  Decision 90/238/Euratom, ECSC, EEC concerning a 1990 to 1994 action plan in the context of the ‘Europe against Cancer’ programme (*); Whereas, to improve health protection and consumer safety, substances classified as carcinogenic, mutagenic or toxic to reproduction and preparations containing them should not be placed on the market for use by the general public; Whereas Directive 94/60/EC of the European Parliament and of the Council of 20 December 1994 amending for the 14th time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provision of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (°) introduces a list in the form of an appendix to points 29, 30 and 31 of Annex I to Directive 76/769/EEC (7) containing substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2; whereas such substances and preparations which contain them may not be placed on the market for sale to the general public; Whereas the Commission will be submitting to the European Parliament and the Council a proposal to extend this list within six months after %) OJ L 137, 30. 5. 1990, p. 31. O] L 365, 31. 12. 1994, p. 1. O] L 262, 27.9. 1976, p. 201. Directive as last amended by Directive 97/16/EC of the European Parliament and of the Council (O] L 116, 6. 5. 1997, p. 31).