L 178/24 Official Journal of the European Union 17.7.2003 DIRECTIVE 2003/53/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 June 2003 amending for the 26th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (nonylphenol, nonylphenol ethoxylate and cement) (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)  The risks posed to the environment by nonylphenol (NP) and nonylphenol ethoxylate (NPE) have been assessed in accordance with Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (*). The assessment identified a need to reduce those risks and, in its opinion of 6 and 7 March 2001, the Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE) confirmed that conclusion. (2) NP is classified as a ‘priority hazardous substance’ in Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a frame- work for Community action in the field of water policy (). Pursuant to Article 16(6) of that Directive, the Commission is to submit proposals of control for the cessation or phasing-out of discharges, emissions and losses of such substances. (3)  Commission Recommendation 2001/838/EC of 7 November 2001 on the results of the risk evaluation and the risk reduction strategies for the substances: acrylalde- hyde; dimethyl sulphate; nonylphenol phenol, 4-nonyl-, branched; tert-butyl methyl ether (%), adopted within the framework of Regulation (EEC) No 79393, proposed a risk limitation strategy for NP and NPE, recommending in particular that restrictions be placed on their marketing and use. (") Proposal of 16 August 2002 (not yet published in the Official Journal). () O] C 133, 6.6.2003, p. 13. (’) Opinion of the European Parliament of 27 March 2003 (not yet published in the Official Journal) and Council Decision of 19 May 2003. () OJ L 84, 5.4.1993, p. 1. () OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455(2001/EC (O] L 331, 15.12.2001, p. 1). () OJ L 319, 4.12.2001, p. 30. (4)  In order to protect the environment the Commission is invited to consider an amendment to Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (), with a view to estab- lishing a concentration limit value for NP and NPE in sewage sludge that is to be spread on land. (5)  In order further to protect the environment, the placing on the market and the use of NP and NPE should be restricted for specific uses which result in discharges, emissions or losses to the environment. However, the restriction concerning co-formulants in pesticides and biocides should be without prejudice to the validity of existing national authorisations of pesticides or biocidal products containing NPE as a co-formulant, which have been granted before the entry into force of this Directive, until they expire. (6)  Scientific studies have also shown that cement prepara- tions containing chromium VI may cause allergic reac- tions in certain circumstances, if there is direct and prolonged contact with the human skin. All uses of cement bear the risk of direct and prolonged contact with the human skin, with the exception of controlled closed and totally automated processes. (7)  The CSTEE has confirmed the adverse health effects of chromium VI in cement. (8)  Individual protection measures are necessary, but not sufficient to prevent skin contact with cement. More- over, according to the hierarchy of protection provisions contained in Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (Fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (%), the employer is to ensure as a priority that the level of exposure is reduced to as low a level as possible when substitution is impossible, and apply individual protec- tion measures only where exposure cannot be prevented by other means. () OJ L 181, 4.7.1986, p. 6. Directive as last amended by the 1994 Act of Accession. () OJ L 131, 5.5.1998, p. 11.