24.4.98 Official Journal of the European Communities L1231 (Acts whose publication is obligatory) DIRECTIVE 98/8/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 February 1998 concerning the placing of biocidal products on the market 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 ('), 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 (%) in the light of the joint text approved on 16 December 1997 by the Conciliation Committee, (1) Whereas, in their resolution of 1 February 1993 on a Community programme of policy and action in relation to the environment and sustainable development (*), the Council and the representatives of the Governments of the Member States, meeting within the Council, approved the general approach and strategy of the programme presented by the Commission, in which the need for risk management of non-agricultural pesticides is emphasised; (2) Whereas, both when the eighth Amendment(’) 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 (") OJ C 239, 3.9.1993, p. 3, OJ C 261, 6.10.1995, p. 5 and O] C 241, 20.8.1996, p. 8. () O] C 195, 18.7.1994, p. 70 and O] C 174, 17.6.1996, p. 32. (*) Opinion of the European Parliament of 18 April 1996 (O] C 141, 13.5.1996, p. 191), Council common position of 20 December 1996 (O] C 69, 5.3.1997, p. 13) and Decision of the European Parliament of 13 May 1997 (O] C 167, 2.6.1997, p. 24). Council Decision of 18 December 1997. Decision of the European Parliament of 14 January 1998. (*) OJ C 138, 17.5.1993, p. 1. () OJ L 398, 30.12.1989, p. 19. dangerous substances and preparations(®) was adopted in 1989 and during the discussion in the Council on Directive 91/414/EEC concerning the placing of plant protection products on the market(7), the Council expressed concern at the lack of harmonised Community provisions for biocides, formerly known as non-agricultural pesticides, and invited the Commission to examine the situation in Member States and the possibility for action at Community level; (3) Whereas biocidal products are necessary for the control of organisms that are harmful to human or animal health and for the control of organisms that cause damage to natural or manufactured products; whereas biocidal products can pose risks to humans, animals and the environment in a variety of ways due to their intrinsic properties and associated use patterns; (4) Whereas the Commission review showed differences in the regulatory situation in the Member States; whereas such differences may constitute barriers not only to trade in biocidal products but also to trade in products treated with them, thereby affecting the functioning of the internal market; whereas, therefore, the  Commission proposed  the development of a framework of rules relating to the placing on the market for use of biocidal products, taking as a condition a high level of protection for humans, animals and the environment; whereas, having regard to the principle of subsidiarity, decisions taken at Community level should be restricted to those necessary for the proper functioning of the common market and to avoid duplication of work by Member States; whereas a directive on biocidal products is the most appropriate way of establishing such a framework; (®) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Directive 97/16/EC (O] L 116, 6.5.1997, p. 31). () OJ L 230, 19.8.1991, p. 1. Directive as last amended by Directive 96/68/EC (O] L 277, 30.10.1996, p. 25).