L 15626 Official Journal of the European Union 25.6.2003 DIRECTIVE 2003/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 May 2003 amending, for the 25th time, Council 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 (substances classified as carci- nogens, mutagens or substances toxic to reproduction — c/m/r) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 95 thereof, Having regard to the proposal from the Commission (!), Having regard to the opinion of the European Economic and Social Committee (), Acting in accordance with the procedure laid down in Article 251 of the Treaty (), Whereas: (1) Council Directive 76/769/EEC (*), lays down restrictions on the marketing and use of certain dangerous substances and preparations. (2)  The measures provided for in this Directive fall within the framework of the action plan in 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)  In order to improve health protection and consumer safety, substances classified as carcinogenic, mutagenic or toxic to reproduction, and preparations containing them should not be placed on the market for use by the general public. (4)  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 (°), 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 toxic to reproduction of category 1 or 2. Such substances and preparations containing them should not be placed on the market for use by the general public. () O] C 126 E, 28.5.2002, p. 398. () O] C 221, 17.9.2002, p. 8. (’) Opinion of the European Parliament of 11 June 2002 (not yet published in the Official Journal), Council Common Position of 21 January 2003 (O] C 64 E, 18.3.2003, p. 6) and European Parliament Decision of 10 April 2003 (not yet published in the Official Journal). (*) OJ L 262,27.9.1976, p. 201. Directive as last amended by Commis- sion Directive 2002/62/EC (O] L 183, 12.7.2002, p. 58). () OJ L 95, 16.4.1996, p. 9. Decision repealed on 31 December 2002 by Decision No 1786/2002/EC (O] L 271, 9.10.2002, p. 1). () OJ L 365, 31.12.1994, p. 1. (5)  Directive 94/60/EC envisaged that the said list would be extended shortly after publication of an adaptation to technical progress of Annex I to 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 ('), which lists substances classified as carcino- genic, mutagenic or toxic to reproduction of category 1 or 2. (6)  Commission Directive 2001/59/EC (¥), which adapted to technical progress for the 28th time Council Directive 67/548/EEC, and more particularly Annex I thereto, lists two substances newly classified as carcinogenic category 1, 19 substances newly classified as carcinogenic cate- gory 2, five substances newly classified as mutagenic category 2, one substance newly classified as toxic to reproduction category 1 and 16 substances newly classi- fied as toxic to reproduction category 2. (7)  Those substances should be added to the list in the appendix to Annex I to Directive 76/769/EEC. (8)  The risks and advantages of the substances newly classi- fied, by Directive 2001/59/EC, as carcinogenic, muta- genic and toxic to reproduction of category 1 or 2 have been taken into account. (9)  This Directive shall apply without prejudice to Commu- nity legislation laying down minimum requirements for the protection of workers contained in Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (°), and individual directives based thereon, in particular Council Directive 90/394/ EEC of the 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work ('), () OJ L 196, 16.8.1967, p. 1. Directive as last amended by Commis- sion Directive 2001/59/EC (O] L 225, 21.8.2001, p. 1). () OJ L 225, 21.8.2001, p- 1. () OJ L 183,29.6.1989, p. 1. (1) OJ L 196, 26.7.1990, p. 1. Directive as last amended by Council Directive 1999/38/EC (OJ L 138, 1.6.1999, p. 66).