30.7.1999 Official Journal of the European Communities L 200/1 | (Acts whose publication is obligatory) DIRECTIVE 1999/45/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous 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 of the Commission (%), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 251 of the Treaty (%), ey Whereas Council Directive 88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (*) has been amended on several occasions; whereas on the occasion of further amendments, the said Directive should, for reasons of clarity, be recast; Whereas, in spite of Community provisions, the rules applying to certain dangerous preparations in the Member States exhibit considerable differences as regards classification, packaging and labelling; whereas these differences constitute a barrier to trade, create unequal competition conditions and directly affect the functioning of the internal market; whereas it is therefore necessary to remove this barrier to trade by approximating the relevant legislation existing in the Member States; () 0] C 283, 26.9.1996, p. 1, and 0] C 337, 7.11.1997, p. 45. (3 0J C 158, 26.5.1997, p. 76. (®) Opinion of the European Parliament of 26 June 1997 (O] C 222, 21.7.1997, p. 26), Council common position of 24 September 1998 (O] C 360, 23.11.1998, p. 1) and Decision of the European Parliament of 10 February 1999 (OJ C 150, 28.5.1999). Council Decision of 11 May 1999. * O] L 187, 16.7.1988, p. 14. Directive as last amended by Commission Directive 96/65/EC (O] L 265, 18.10.1996, p. 15). (3) Whereas measures for the approximation of the provisions of the Member States affecting the establishment and functioning of the internal market must, in so far as they concern health, safety and protection of man and the environment, adopt a high level of protection as a basis; whereas this Directive must, at the same time, ensure protection for the general public, and, in particular, persons who come into contact with dangerous preparations in the course of their work or in the pursuit of a hobby, protection for consumers and for the environment; Whereas containers containing certain categories of dangerous preparations offered or sold to the general public must be fitted with child-resistant fastenings and/ or carry a tactile warning of danger; whereas certain preparations not falling within these categories of danger may nevertheless, owing to their composition, present a danger for children; whereas the packaging of such preparations should therefore be equipped with child-resistant fastenings; Whereas it is necessary to provide concentration limits expressed as a volume/volume percentage in the case of preparations marketed in gaseous form; Whereas this Directive contains special labelling provisions applicable to certain preparations; whereas, to ensure an adequate level of protection for man and the environment, special labelling provisions must also be introduced for certain preparations which, although not dangerous within the meaning of this Directive, may nevertheless present a danger to the user; Whereas on 30 April 1992 the Council adopted Directive 92/32/EEC amending for the seventh time Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (°); whereas on 27 April 1993 the Commission adopted Directive 93/21/EEC (%) adapting () OJ L 154, 5.6.1992, p. 1. (®) OJ L 110, 4.5.1993, p. 20.