24. 9. 83 Official Journal of the European Communities No L 263/33 A COUNCIL DIRECTIVE of 19 September 1983 amending for the fifth time (asbestos) Directive 76/769/EEC on the approxima- tion 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 (83/478/EEC) . THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commis- sion ('), Having regard to the opinion of the European Parliament (3), Having regard to the opinion of the Economic and Social Committee (%), Whereas the use of asbestos and certain products containing it can release, to the detriment of human health, fibres and dusts which can cause asbestosis and cancer ; Whereas prevention is the best way of protecting human health ; Whereas a very effective way of protecting human health and the environment is to prohibit the use of certain fibres, such as crocidolite (blue asbestos), which according to some scientific sources are particularly dangerous ; Whereas, however, there is at present no possibility of a total ban on crocidolite ; whereas it would be unrea- sonable to suggest that all products containing it should be withdrawn from the market in view of the fact that the handling of these products for the purpose of withdrawing or destroying them would be a source of danger t6 human health, because fibres would be released in the process; Whereas certain products containing crocidolite such as seals and asbestos-cement pipes or torque converters HAS ADOPTED THIS DIRECTIVE: cannot wholly be replaced in the near future at Community level by substitutes with at least equiva- lent properties ; Whereas it is necessary to provide for special labelling indicating the risks involved in using products con- taining asbestos fibres ; Whereas the labelling of these products is subject in some Member States to regulations which differ as to the conditions for rnarketing ; Whereas this Directive restricts the placing on the market and use of crocidolite and products containing crocidolite fibres ; Whereas restrictions on the placing on the market and use of other asbestos fibres and of products containing those fibres may further increase protection of human health ; whereas, pending Community provisions on such restrictions, harmonization measures relating to those fibres or products are confined to provisions relating to labelling ; - Whereas it is necessary to review periodically the exemption system laid down in this Directive in the light of technical and scientific progress and taking into account the possibility of substituting less- - dangerous substances for crocidolite, with a view to making appropriate amendments where necessary ; Whereas prohibitions on certain asbestos fibres and the various provisions on labelling imposed by certain Member States affect the functioning of the common market ; whereas it is therefore necessary to approxi- mate the relevant laws, regulations and administrative provisions in the Member States and to amend accor- dingly the Annex to Directive 76/769/EEC (%), as last amended by Directive 83/264/EEC (%), Article 1 The Annex to Directive 76/769/EEC shall become Annex 1. Article 2 | The following point 5 is hereby added to Annex I to Directive 76/769/EEC : OJ No C 78, 28. 3. 1980, p. 10. OJ No C 125, 17. 5. 1982, p. 159. O] N ( () ( o C 331, 17. 12. 1980, p. S. () OJ No L 262, 27. 9. 1976, p. 201. () O] No L 147, 6. 6. 1983, p. 9.