3.6.2009 Official Journal of the European Union L 137/3 DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL DECISION No 455/2009/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 May 2009 amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of dichloromethane (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE (2)  In order to achieve a high level of health protection for EUROPEAN UNION, all use categories (industrial, professional and general public), the marketing and use of paint strippers containing DCM should be restricted. Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, (3)  Paint strippers containing DCM are used by members of the general public at home to remove paints, varnishes and lacquers both indoors and outdoors. The safe use of DCM by them cannot be ensured by training or moni- toring. Therefore, the only measure effective in elimi- nating the risks arising for the general public from paint strippers containing DCM is a ban, with respect to the general public, on the marketing, supply and use of such paint strippers. Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with the procedure laid down in : 2 Article 251 of the Treaty (%), (4)  In order to ensure a proportionate enforceability of the phase-out along the supply chain of paint strippers containing DCM, different dates to prohibit the first Whereas: placing on the market and the final supply to the general public and professionals should be fixed. (1) The risks posed to human health by dichloromethane (DCM) in paint strippers have been assessed in several (5)  As the general public may have, despite the ban, access studies (}) which have concluded that risk reduction to paint strippers containing DCM through the distri- measures are required throughout the Community to bution chain intended for industrial and professional reduce the risks posed to human health during the appli- users, a warning phrase should be included on the cation of DCM at industrial, professional and consumer product. levels. The results of those studies have been evaluated by the Commission’s Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE — later . . . . . renamed the Scientific Committee on Health and Envi- (6)  The fa.tahues registered in Europe for industrial fmd ronmental Risks (SCHER)) which has confirmed that professional uses over the last 18 years are mainly attributed to inadequate ventilation, inappropriate personal protective equipment, the use of inadequate tanks and overexposure to DCM. Therefore restrictions should be imposed to control and reduce the risks involved in industrial and professional uses. exposure to DCM released from paint strippers is of concern for human health. (") O] C 77, 31.3.2009, p. 29. (%) Opinion of the European Parliament of 14 January 2009 (not yet published in the Official Journal) and Council Decision of 23 April 2009. (}) Methylene chloride: Advantages and drawbacks of possible market . . restrictions in the EU. TNO-STB study finalised in November 1999, %) Pro.fess.lonals are generally covered b}{ worker .pljo.tectlon http:/[/ec.europa.eu/enterprise/chemicals/studies_en.htm; Effectiveness legislation. However, many professional activities are of vapour retardants in reducing risks to human health from paint often conducted on customers’ premises which often strippers containing dichloromethane by ETVAREAD expert group. do not have all the appropriate measures to manage, Final report published in April 2004, control and reduce the risks to health. Moreover, self- http:/[ec.europa.eu/ epterprlse./ chemmals /| studlesien.ht.m; Impact  as- employed workers are not covered by Community sessment of potential restrictions on the marketing and use of dichloromethane in paint stripper. RPA study finalised in April worker prOt.eCj[ion legislation ar.ld the}’ WOl.lld ne.ed 2007, adequate training before removing paint with paint http:/[ec.europa.eu/enterprise/chemicals/studies_en.htm strippers containing DCM.