Annexes to COM(2007)559 - Amendment of Council Directive 76/769/EEC as regards restrictions on the marketing and use of certain dangerous substances and preparations 2-(2-methoxyethoxy)ethanol, 2-(2-butoxyethoxy)ethanol, methylenediphenyl diisocyanate, cyclohexane and ammonium nitrate (amendment of Council Directive 76/769/EEC)

Please note

This page contains a limited version of this dossier in the EU Monitor.

ANNEX

In Annex I to Directive 76/769/EEC, the following points are added:

‘53.2-(2-methoxyethoxy)ethanol (DEGME)

CAS No: 111-77-3

Einecs No: 203-906-6
Shall not be placed on the market after 27 June 2010, for supply to the general public, as a constituent of paints, paint strippers, cleaning agents, self-shining emulsions or floor sealants in concentrations equal to or greater than 0,1 % by mass.
54.2-(2-butoxyethoxy)ethanol (DEGBE)

CAS No: 112-34-5

Einecs No: 203-961-6
(1)Shall not be placed on the market for the first time after 27 June 2010, for supply to the general public, as a constituent of spray paints or spray cleaners in aerosol dispensers in concentrations equal to or greater than 3 % by mass.

(2)Spray paints and spray cleaners in aerosol dispensers containing DEGBE and not conforming to paragraph 1 shall not be placed on the market for supply to the general public after 27 December 2010.

(3)Without prejudice to other Community legislation concerning the classification, packaging and labelling of dangerous substances and preparations, paints, other than spray paints, containing DEGBE in concentrations equal to or greater than 3 % by mass that are placed on the market for supply to the general public shall be visibly, legibly and indelibly marked by 27 December 2010 as follows:

“Do not use in paint spraying equipment”.
55.Methylenediphenyl diisocyanate (MDI)

CAS No: 26447-40-5

Einecs No: 247-714-0
(1)Shall not be placed on the market after 27 December 2010, as a constituent of preparations in concentrations equal to or greater than 0,1 % by mass for supply to the general public, unless the packaging:

(a)contains protective gloves which comply with the requirements of Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (1).

(b)is marked visibly, legibly and indelibly as follows, and without prejudice to other Community legislation concerning the classification, packaging and labelling of dangerous substances and preparations:

“—Persons already sensitised to diisocyanates may develop allergic reactions when using this product.

Persons suffering from asthma, eczema or skin problems should avoid contact, including dermal contact, with this product.

This product should not be used under conditions of poor ventilation unless a protective mask with an appropriate gas filter (i.e. type A1 according to standard EN 14387) is used.”

(2)By way of derogation, paragraph 1(a) shall not apply to hot melt adhesives.
56.Cyclohexane

CAS No: 110-82-7

Einecs No: 203-806-2
(1)Shall not be placed on the market for the first time after 27 June 2010, for supply to the general public, as a constituent of neoprene-based contact adhesives in concentrations equal to or greater than 0,1 % by mass in package sizes greater than 350 g.

(2)Neoprene-based contact adhesives containing cyclohexane and not conforming to paragraph 1 shall not be placed on the market for supply to the general public after 27 December 2010.

(3)Without prejudice to other Community legislation concerning the classification, packaging and labelling of dangerous substances and preparations, neoprene-based contact adhesives containing cyclohexane in concentrations equal to or greater than 0,1 % by mass that are placed on the market for supply to the general public after 27 December 2010 shall be visibly, legibly and indelibly marked as follows:

“—This product is not to be used under conditions of poor ventilation.

This product is not to be used for carpet laying.”
57.Ammonium nitrate (AN)

CAS No 6484-52-2

Einecs No 229-347-8
(1)Shall not be placed on the market for the first time after 27 June 2010 as a substance, or in preparations that contain more than 28 % by mass of nitrogen in relation to ammonium nitrate, for use as a solid fertiliser, straight or compound, unless the fertiliser complies with the technical provisions for ammonium nitrate fertilisers of high nitrogen content set out in Annex III to Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (2).

(2)Shall not be placed on the market after 27 June 2010 as a substance, or in preparations that contain 16 % or more by mass of nitrogen in relation to ammonium nitrate except for supply to:

(a)downstream users and distributors, including natural or legal persons licensed or authorised in accordance with Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil use (3);

(b)farmers for use in agricultural activities, either full time or part time and not necessarily related to the size of the land area.

For the purposes of this subparagraph:

(i)“farmer” shall mean a natural or legal person, or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, whose holding is situated within Community territory, as referred to in Article 299 of the Treaty, and who exercises an agricultural activity,

(ii)“agricultural activity” shall mean the production, rearing or growing of agricultural products including harvesting, milking, breeding animals and keeping animals for farming purposes, or maintaining the land in good agricultural and environmental condition as established under Article 5 of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (4);

(c)natural or legal persons engaged in professional activities such as horticulture, plant growing in greenhouses, maintenance of parks, gardens or sport pitches, forestry or other similar activities.

(3)However, for the restrictions in paragraph 2, Member States may until 1 July 2014, for socioeconomic reasons, apply a limit of up to 20 % by mass of nitrogen in relation to ammonium nitrate for substances and preparations placed on the market within their territories. They shall inform the Commission and other Member States thereof.



(1) OJ L 399, 30.12.1989, p. 18.

(2) OJ L 304, 21.11.2003, p. 1.

(3) OJ L 121, 15.5.1993, p. 20.

(4) OJ L 270, 21.10.2003, p. 1.’