Directive 1989/677 - Amendment of 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 - Main contents

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Council Directive 89/677/EEC of 21 December 1989 amending for the eighth 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

Official Journal L 398 , 30/12/1989 P. 0019 - 0023

Finnish special edition: Chapter 15 Volume 9 P. 0147

Swedish special edition: Chapter 15 Volume 9 P. 0147

COUNCIL DIRECTIVE

of 21 December 1989

amending for the eighth 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

(89/677/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission (1),

In cooperation with the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas measures for the progressive establishment of the internal market over the period up to 31 December 1992 have to be adopted; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is guaranteed;

Whereas, despite the ban on the marketing of certain ornamental objects intended to produce effects of light and comprising glass receptacles containing dangerous liquids as defined by Directive 67/548/EEC (4), as last amended

by Directive 86/431/EEC (5), objects presenting the

same hazards are still being marketed for use in games for

one or more participants, sometimes with an ornamental function;

Whereas there should be a review of the content (0,01 % by weight - 100 ppm) of PCB/PCT in preparations, including waste oils; whereas, in Council Directive 87/101/EEC of 22 December 1986 amending Directive 75/439/EEC on the disposal of waste oils (6), this content was set at 0,005 % by weight;

Whereas benzene (CAS N° 71-34-2) is a toxic substance likely to affect the central nervous and hematopoietic systems and to cause cancer and in particular leukaemia; whereas

this substance is classified as carcinogen category I in

Directive 67/548/EEC; whereas ILO (International

OJ N° C 256, 9. 10. 1989, p. 70.

OJ N° C 337, 31. 12. 1987, p. 7.

Labour Organization) Convention 136 and ILO Recommendation 144 lay down provisions on protection against hazards arising from benzene;

Whereas the following substances: 2-naphthylamine (CAS N° 91-59-8), 4-nitrodiphenyl (CAS N° 92-93-3), 4-aminodiphenyl (CAS N° 92-67-1) and benzidine (CAS N° 92-87-5) may cause cancer and in particular cancer of the urinary system; whereas these substances are classified as carcinogens category I in Directive 67/548/EEC; whereas although, within the Community, they are now produced only in minimal, supervised quantities intended exclusively for research, they may nevertheless be present in the form of impurities in other substances or preparations;

Whereas, apart from the specific measures applying solely to workplaces, the laying down of a maximum concentration limit and a limit on the use of these substances as such or as constituents of preparations would help to present the incidence of cancer at work and protect consumers;

Whereas lead compounds in general, and in particular lead salts that are readily soluble in the stomach, are dangerous to health; whereas compounds of this type are still occasionally used as pigment for certain decorative paints; whereas their use in such cases should be regulated; whereas ILO Convention 13 regulates the use of white lead in painting;

Whereas certain anti-fouling preparations applied as protective coatings to boat hulls and/or underwater equipment have harmful effects on living aquatic organisms as a...

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