1.7.1999 Official Journal of the European Communities L 166/87 DIRECTIVE 1999/43/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 May 1999 amending for the 17th 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 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 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 Atrticle 251 of the Treaty (%), (1)  Whereas the necessary measures should be adopted for the smooth operation of the internal market; (2) Whereas the European Parliament and the Council adopted on 29 March 1996 Decision No 646/ 96/EC of the European Parliament and of the Council of 29 March 1996 adopting an action plan to combat cancer within the framework for action in the field of public health (1996 to 2000) (*); (3)  Whereas, to improve health protection and consumer safety, substances classified as carcino- genic, mutagenic or toxic to reproduction and preparations containing them should not be placed on the market for use by the general public; (4  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, regula- tions and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and prepara- tions (°) establishes, in the form of an Appendix concerning points 29, 30 and 31 of Annex I to Directive  76/769/EEC (¥), a list containing substances classified as carcinogenic, mutagenic or (") OJ C 59, 25.2.1998, p. 5. (3 OJ C 214, 10.7.1998, p. 73. () Opinion of the European Parliament of 18 February 1998 (O] C 80, 16.3.1998, p. 91), Council Common Position of 14 December 1998 (O] C 18, 22.1.1999, p. 43) and Decision of the European Parliament of 10 February 1999 (O] C 150, 28.5.1999). Council Decision of 10 May 1999. (*) OJ L 95, 16.4.1996, p. 9. () OJ L 365, 31.12.1994, p. 1. (®) Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and label- ling of dangerous substances (O] 196, 16.8.1967, p. 1). Direc- tive as last amended by Commission Directive 97/69/EC (O] L 343, 13.12.1997, p. 19). toxic to reproduction of category 1 or 2; whereas such substances and preparations should not be placed on the market for use by the general public; (5) Whereas Directive 94/60/EC provides that the Commission will submit to the European Parlia- ment and Council a proposal to extend this list not later than six months after publication of an adap- tation to technical progress of Annex I to Directive 67/548/EEC (7), which contains substances classi- fied as carcinogenic, mutagenic or toxic to repro- duction of category 1 or 2; (6)  Whereas Commission Directive 96/54/EC (%) adapting for the 22nd time Directive 67/548/EEC, and more particularly Annex I thereto, to technical progress, contains 16 substances newly classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2; whereas these substances should be added to points 29, 30 and 31 of the Appendix to Annex I to Directive 76/769/EEC, as consolidated by Directive 97/56/EC of the European Parliament and of the Council ) amending Directive 76/ 769/EEC for the 16th time; (7)  Whereas the risks and advantages of the substances newly classified, by Directive 96/54/EC, as carcino- genic, mutagenic and toxic to reproduction of category 1 or 2 have been taken into account; (8)  Whereas Article 1(1)(f) of Directive 96/54/EC deletes eight entries from Annex I to Directive 67/548/EEC as the substances under these entries are already covered by other entries or their classifi- cation as carcinogens has been withdrawn; whereas five of these substances are included in the Appendix to point 29 of Annex I to Directive 76/769/EEC; whereas these entries should also be deleted in the latter Directive; () OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 97/64/EC (O] L 315, 19.11.1997, p 13). () OJ L 248, 30.9.1996, p. 1. ¢) OJ L 333, 412.1997, p. 1.