27.7.2001 Official Journal of the European Communities L 202/37 COMMISSION DECISION of 13 July 2001 on draft national provisions notified by the Federal Republic of Germany on limitations on the marketing and use of organostannic compounds (notified under document number C(2001) 1912) (Only the German text is authentic) (Text with EEA relevance) (2001/570/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 95(6) thereof, Whereas: I. FACTS 1. Community legislation Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and adminis- trative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations ('), as last amended by Commission Directive 1999/77/EC (%), provides for the prohibition and restriction of the use of certain dangerous substances and preparations. Directive 76/769[EEC is regularly amended to include in its Annex additional substances which are dangerous to man or the environment. Council Directive 89/677/EEC (}) amended Directive 76/ 769/EEC to harmonise amongst other things the placing on the market and use of organostannic compounds in certain areas. The provisions concerning organostannic compounds were modified by Commission Directive 1999/51/EC of 26 May 1999 adapting to technical progress for the fifth time Annex I to Council Directive 76/769/EEC on the approximation of the laws, regula- tions and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (tin, PCP and Cadmium) (%). Directive 1999/51/EC amends Directive 76/769/EEC to prohibit the marketing and use of organostannic compounds as substances and constituents of prepara- tions when acting as biocides in free association anti- fouling paint. , 27.9.1976, p. 201. 207, 6.8.1999, p. 18. , 30.12.1989, p. 19. , 5.6.1999, p. 22. (4) Directive 1999/51/EC also serves to prohibit the use of organostannic compounds as substances and constitu- ents of preparations when acting as biocides to prevent the fouling by mircro-organisms, plants or animals of: (a) the hulls of: — boats of an overall length, as defined by ISO 8666, of less than 25 m, — vessels of any length for use predominantly on inland waterways and lakes; (b) cages, floats, net and any other appliances or equip- ment used for fish or shellfish farming; (c) any totally or partly submerged appliance or equip- ment. Such substances and preparations: — may be placed on the market only in packages of a capacity equal to or greater than 20 |, — may not be sold to the general public but only to professional users. Without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of such preparations must be legible and indelibly marked as follows: ‘Not to be used on boats of an overall length of less than 25 m, or on vessels of any length for use predominantly on inland waterways and lakes, or any appliances or equipment used in fish or shellfish farming. Restricted to professional users. The provisions referred to under recital 4(a) and the special labelling provisions are applicable to Sweden and Austria from 1 January 2003 and will be reviewed by the Commission in cooperation with Member States and stakeholders before that date. Furthermore organostannic compounds may not be used as substances and constituents of preparations intended for the use in the treatment of industrial waters.