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
1. 7. 1999 EN 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 (1), 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 (3), (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 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) (4); the European Parliament and of (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 (5) establishes, in the form of an Appendix concerning points 29, 30 and 31 of Annex I to containing Directive substances classified as carcinogenic, mutagenic or 76/769/EEC (6), list a (1) OJ C 59, 25. 2. 1998, p. 5. (2) OJ C 214, 10. 7. 1998, p. 73. (3) Opinion of the European Parliament of 18 February 1998 (OJ C 80, 16. 3. 1998, p. 91), Council Common Position of 14 December 1998 (OJ C 18, 22. 1. 1999, p. 43) and Decision of the European Parliament of 10 February 1999 (OJ C 150, 28. 5. 1999). Council Decision of 10 May 1999. (4) OJ L 95, 16. 4. 1996, p. 9. (5) OJ L 365, 31. 12. 1994, p. 1. (6) Council Directive 67/548/EEC of 27 June 1967 on the regulations and administrative approximation of provisions relating to the classification, packaging and label- ling of dangerous substances (OJ 196, 16. 8. 1967, p. 1). Direc- tive as last amended by Commission Directive 97/69/EC (OJ L 343, 13. 12. 1997, p. 19). the laws, 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 (8) 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 (9) 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 these substances are included in the five of Appendix to point 29 of Annex I to Directive 76/769/EEC; whereas these entries should also be deleted in the latter Directive; (7) OJ L 262, 27. 9. 1976, p. 201. Directive as last amended by Commission Directive 97/64/EC (OJ L 315, 19. 11. 1997, p 13). (8) OJ L 248, 30. 9. 1996, p. 1. (9) OJ L 333, 4. 12. 1997, p. 1. L 166/88 EN Official Journal of the European Communities 1. 7. 1999 for (9) Whereas this Directive applies without prejudice to Community legislation laying down minimum requirements 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 (1), and individual directives based thereon, in particular Council Directive 90/ 394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carci- nogens at work (sixth individual Directive within the meaning of Directive 89/391 /EEC) (2), of Article 16(1) the date of its entry into force. They shall inform the Commission thereof forthwith. They shall apply these measures 18 months after the date of the entry into force of this Directive. 2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such refer- ence shall be laid down by Member States. Article 4 HAVE ADOPTED THIS DIRECTIVE: Article 1 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. The substances listed in Annex I to this Directive shall be added to those substances listed in the Appendix concerning points 29, 30 and 31 of Annex I to Directive 76/769/EEC. Article 2 The substances listed in Annex II to this Directive shall be deleted from those substances listed in the Appendix to point 29 of Annex I to Directive 76/769/EEC. Article 3 1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive no later than one year after Article 5 This Directive is addressed to the Member States. Done at Brussels, 25 May 1999. For the European Parliament The President For the Council The President J. M. GIL−ROBLES H. EICHEL (1) OJ L 183, 29. 6. 1989, p. 1. (2) OJ L 196, 26. 7. 1990, p. 1. 1. 7. 1999 EN Official Journal of the European Communities L 166/89 ANNEX I Point 29  Carcinogens: category 2 Substances Index No EC No CAS No Notes Potassium dichromate Ammonium dichromate Sodium dichromate 024-002-00-6 231-906-6 7778-50-9 024-003-00-1 232-143-1 7789-09-5 024-004-00-7 234-190-3 10588-01-9 Sodiumdichromate, dihydrate 024-004-01-4 234-190-3 7789-12-0 Chromyl dichloride; chromic oxychloride 024-005-00-2 239-056-8 14977-61-8 Potassium chromate 024-006-00-8 232-140-5 7789-00-6 Chromium (VI) compounds, with the exception of barium chromate and of compounds specified elsewhere in Annex I to Directive 67/548/EEC 024-017-00-8   Bromoethylene 602-024-00-2 209-800-6 593-60-2 5-Allyl-1,3-benzodioxole; safrole 605-020-00-9 202-345-4 94-59-7 Benzidine based azo dyes; 4,4’-diarylazobiphenyl dyes, with the exception of those specified elsewhere in Annex I to Directive 67/548/EEC 611-024-00-1   Disodium 4-amino 3-[[4 -[(2,4-diaminophenyl)azo][1,1 -biphenyl]-4-yl]azo]-5-hydroxy- 6-(phenylazo)naphtalene-2,7-disulphonate; C. I. Direct Black 38 611-025-00-7 217-710-3 1937-37-7 Tetrasodium 3,3 -[[1,1 -biphenyl]-4,4 -dylbis(azo)]bis[5-amino-4-hydroxynaphthalene-2,7- disulphonate]; C. I. Direct Blue 6 611-026-00-2 220-012-1 2602-46-2 Disodium 3,3 -[[1,1 -bifenyl]-4,4 dylbis(azo)]bis[4-aminonaphthalene-1-sulphonate); C. I. Direct Red 28 611-027-00-8 209-358-4 573-58-0 Toluene-2,4-diammonium sulphate 612-126-00-9 265-697-8 65321-67-7 Point 30  Mutagens: category 2 Substances Index No EC No CAS No Notes Potassium dichromate Ammonium dichromate Sodium dichromate 024-002-00-6 231-906-6 7778-50-9 024-003-00-1 232-143-1 7789-09-5 024-004-00-7 234-190-3 10588-01-9 Sodiumdichromate, dihydrate 024-004-01-4 234-190-3 7789-12-0 L 166/90 EN Official Journal of the European Communities 1. 7. 1999 Substances Index No EC No CAS No Notes Chromyl dichloride; chromic oxychloride 024-005-00-2 239-056-8 14977-61-8 Potassium chromate 024-006-00-8 232-140-5 7789-00-6 1,3,5,-tris(oxiranylmethyl)-1,3,5-triazine-2,4,6(1H,3H,5H)-trione; TGIC 615-021-00-6 219-514-3 2451-62-9 Point 31  Toxic to reproduction: category 1 Substances Index No EC No CAS No Notes 1,2-Dibromo-3-chloropropane 602-021-00-6 202-479-3 96-12-8 Point 31  Toxic to reproduction: category 2 Substances Index No EC No CAS No Notes bis(2-Methoxyethyl) phthalate 607-228-00-5 204-212-6 117-82-8 ANNEX II Substances Index No EC No CAS No Notes Aromatic hydrocarbons, C8-10; Light oil redistillate, high boiling 648-011-00-5 292-695-4 90989-39-2 Tar, brown-coal; Carbolic oil. (An oil distilled from brown-coal tar. Composed primarily of aliphatic, naph- thenic and one- to three-ring aromatic hydrocarbons, their alkyl derivatives, heteroaromatics and one- and two-ring phenols boiling in the range of approxi- mately 150 °C et 360 °C (302 °f to 680 °f)). 648-025-00-1 309-885-0 101316-83-0 Coke (coal tar), high temperature pitch Coke (coal tar), mixed coal-high temperature pitch 648-157-00-X 648-158-00-5 140203-12-9 140203-13-0 Coke (coal tar) low temperature, high temperature pitch 648-159-00-0 140413-61-2 J J