L 308/30 Official Journal of the European Communities 9.11.2002 COMMISSION COMMISSION DECISION of 31 October 2002 concerning national provisions on restrictions on the marketing and use of creosote-treated wood notified by the Netherlands under Article 95(4) and (5) of the EC Treaty (notified under document number C(2002) 4116) (Only the Dutch text is authentic) (Text with EEA relevance) (2002/884/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular Article 95(6) thereof, Whereas: ( ( ( ( ( p) ) ’) ‘) 5 0] ) 0] ) 0] I. FACTS 1. Community legislation 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 certain dangerous substances and preparations (), as last amended by Commission Directive 2002/ 61/EC (%), establishes rules restricting the marketing and use of certain dangerous substances and preparations. Under Article 1(1) thereof, the Directive applies to the substances and preparations listed in Annex I Council Directive 89/678/EEC of 21 December 1989 (*) amending Directive 76/769/EEC inserted in Directive 76/76/EEC an Article 2(a), under which the amendments required to adapt the Annexes to technical progress, with regard to the substances and preparations already covered by Directive 76/769/[EEC, are to be adopted in accordance with the procedure laid down in Article 29 of Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (¥, as amended by Council Directive 92/32/EEC (%). Directive 76/769/EEC has been amended on several occasions. A number of dangerous substances and preparations have been added to Annex I, and further restrictions have been placed on the marketing andfor use of substances and preparations covered by that Annex. In certain cases, restrictions are also placed on the marketing and/or use of products treated with or containing those substances and preparations. L 262, 27.9.1979, p. 201. L 243, 11.9.2002, p. 15. L 398, 20.12.1989, p. 24. 196, 16.8.1967, p. 1. L 154, 5.6.1992, p. 1.