1、CTI-REACH76/769/EEC - IICOUNCIL DIRECTIVEof 27 July 1976on the approximation of the laws, regulations and administrative provisions of the MemberStates relating to restrictions on the marketing and use of certain dangerous substances andpreparations(76/769/EEC)THE COUNCIL OF THE EUROPEAN COMMU-NITIE
2、S,Having regard to the Treaty establishing the EuropeanEconomic Community, and in particular Article 100 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Having regard to the opinion of the Economic and SocialCommittee(2),Whereas an
3、y rules concerning the placing on the market ofdangerous substances and preparations must aim at pro-tecting the public, and particular persons using such sub-stances and preparations;Whereas they should contribute to the protection of theenvironment from all substances and preparations whichhave ch
4、aracteristics of ecotoxicity or which could pollutethe environment;Whereas they should also aim to restore, preserve and im-prove the quality of human life;Whereas dangerous substances and preparations are gov-erned by rules in the Member States; whereas these rulesdiffer as to the conditions of the
5、ir marketing and use;whereas these differences constitute an obstacle to tradeand directly affect the establishment and functioning of thecommon market;Whereas this obstacle should therefore be removed; where-as this entails approximating the laws governing the matterin the Member States;Whereas pro
6、visions relating to certain dangerous sub-stances and preparations have already been laid down inCommunity Directives; whereas it is still necessary to es-tablish rules for other products, in particular for those inrespect of which international organizations have decidedon restrictions such as poly
7、chlorinated biphenyls (PCB), adecision restricting the production and use of which wasadopted by the Council of the OECD on 13 February1973; whereas such a measure is necessary to prevent theabsorption of PCB by the human body and the resultantdanger to human health;Whereas detailed examinations hav
8、e shown that polychlori-nated terphenyls (PCT) entail risks similar to those pres-ented by PCBs; whereas the marketing and use of suchsubstances should also be restricted;Whereas it will be necessary, moreover, periodically to re-view the whole problem with a view to moving graduallytowards a comple
9、te ban on PCBs and PCTs;(1)OJNo C 60, 13. 3. 1975, p. 49.(2)OJNo C 16, 23. 1. 1975, p. 25.CTI-REACH76/769/EEC - IIIWhereas the use of chloro-1-ethylene (monomer vinylchloride) as an aerosol propellant involves dangers tohuman health and the use thereof should be prohibited,HAS ADOPTED THIS DIRECTIVE
10、:CTI-REACH76/769/EEC - I1Article 11. Without prejudice to the application of other relevantCommunity provisions, this Directive is concerned with re-stricting the marketing and use in the Member States ofthe Community, of the dangerous substances and prepara-tions listed in the Annex.2. This Directi
11、ve shall not apply to:(a) the carriage of dangerous substances and preparationsby rail, road, inland waterway, sea or air;(b) dangerous substances and preparations exported tonon-member countries;(c) substances and preparations in transit and subject tocustoms inspection, provided that they undergo
12、noprocessing.3. For the purposes of this Directive:(a) substances means chemical elements and their com-pounds as they occur in the natural state or as pro-duced by industry;(b) preparations means mixtures or solutions composedof two or more substances.Article 2Member States shall take all neccessar
13、y (SIC! necessary)measures to ensure that the dangerous substances andpreparations listed in the Annex may only be placed onthe market or used subject to the conditions specifiedtherein. Such restrictions shall not apply to marketing oruse for Research and Development or analysis purposes.Article 2a
14、Amendments required to adapt the Annexes to technicalprogress, with regard to the substances and preparationsalready covered by the Directive, shall be adopted in ac-cordance with the procedure laid down in Article 21 ofDirective 67/548/EEC(3),aslastamendedbyDecision88/490/EEC(4).Article 31. Member
15、States shall bring into force the provisionsnecessary to comply with this Directive within 18 monthsof its notification and shall forthwith inform the Commis-sion thereof.2. Member States shall communicate to the Commissionthe text of the provisions of national law which they adoptin the field cover
16、ed by this Directive.(3)OJNo 196, 16. 8. 1967, p. 1.(4)OJNo L 259, 19. 9. 1988, p. 1.76/76989/67876/769CTI-REACH76/769/EEC - I2Article 4This Directive is addressed to the Member States.76/769CTI-REACH76/769/EEC - I3ANNEX IDesignation of the substance, of thegroups of substances or of the prepara-tio
17、nConditions of restriction1. Polychlorinated biphenyls(PCB) except mono- anddichlorinated biphenylsMay not be used. However, the fol-lowing categories may be used underthe following conditions:85/467 Polychlorinated terphenyls(PCTs) Preparations, includingwaste oils, with a PCB or1. until 30 June 19
18、86 at the latest:closed-system electrical equip-ment transformers, resistors andinductors;PCT content higher than0,005 %byweight.2. until 30 June 1986 at the latest:large condensers ( 1kgtotalweight);89/6773. until 30 June 1986 at the latest:small condensers (provided thatthe PCB has a maximum chlor
19、-ine content of 43 % and doesnot contain more than 3,5 % ofpenta- and higher chlorinatedbiphenyls);4. until 30 June 1986 at the latest:heat-transmitting fluids inclosed-circuit heat-transfer in-stallations:5. until 30 June 1986 at the latest:hydraulic fluids for undergroundmining equipment; The use
20、of equipment, plantandfluidsreferedtoinpoints 1 to 5 above whichare in service on 30 June1986 shall continue to beauthorized until they aredisposed of or reach theend of their service life.76/769 - 83/478CTI-REACH76/769/EEC - I4Designation of the substance, of thegroups of substances or of the prepa
21、ra-tionConditions of restriction Member States may, forreasons of protection ofhealth and the environment,prohibit within their terri-tory the use of such equip-ment, plant and fluids be-fore they are disposed of orreach the end of their ser-vice life.85/467 The placing on the second-hand market of
22、such equip-ment, plant and fluids whichare not intended for dis-posal shall be prohibitedfrom 30 June 1986 onwards. Where the Member Statesconsider that it is not poss-ible for technical reasons touse substitute products, theymay continue to authorizethe use of PCBs, PCTs andpreparations thereof whe
23、rethe latter are solely in-tended, in the normalconditions of maintenanceof equipment, to supple-ment the level of liquidscontaining PCBs in properlyfunctioning existing plantpurchased before the entryinto force of this Directive.76/769CTI-REACH76/769/EEC - I5Designation of the substance, of thegrou
24、ps of substances or of the prepara-tionConditions of restriction6. until 30 June 1986 at thelatest: primary and inter-mediate products for furtherprocessing into other prod-ucts not prohibited by Di-rective 76/769/EEC and theDirectives amending it; after30 June 1986 MemberStates may, provided priorn
25、otification stating the rea-sons is sent to the Commis-sion, grant derogations fromthe ban on the marketingand use of such primaryand intermediate products,in so far as they considerthat these derogations haveno deleterious effects onhealth and the environment.85/4672. Chloro-1-ethylene (monomerviny
26、l chloride)May not be used as aerosol propel-lant for any use whatsoever.76/7693. Liquid substances or prepara-tions, which are regarded asdangerous according to the de-finitions in Article 2 (2) andthe criteria in Annex VI, PartII.D to Council Directive67/548/EEC of 27 June 1967on the approximation
27、 of laws,regulations and administrativeprovisions relating to theclassification, packaging andlabelling of dangerous sub-stances(1),aslastamendedbyDirective 86/431/EEC(2).May not be used in: ornamental objects intendedto produce light or colour ef-fects by means of differentphases, for example in or
28、na-mental lamps and ashtrays, tricks, jokes, games for one or more partici-pants, or any object intended tobe used as such, even with or-namental aspects.89/677(1)OJNo 196, 16. 8. 1967, p. 1.(2)OJNo L 247, 1. 9. 1986, p. 1.76/769CTI-REACH76/769/EEC - I6Designation of the substance, of thegroups of s
29、ubstances or of the prepara-tionConditions of restriction4. Tris (2,3 dibromopropyl) phos-phate CAS No (Chemical Ab-stract Service Number)126-72-7May not be used in textile articles,such as garments, undergarments andlinen, intended to come into contactwith the skin.79/6635. BenzeneCAS N (Chemical A
30、bstractService Number) 71-43-2Not permitted in toys or parts oftoys as placed on the market wherethe concentration of benzene in thefree state is in excess of 5 mg/kg oftheweightofthetoyorpartoftoy.82/806May not be used in concentrationsequal to, or greater than, 0,1 % bymass in substances or prepar
31、ationsplaced on the market.89/677However, this provision shall notapply to:(a) motor fuels which are coveredby Directive 85/210/EEC;(b) substances and preparations foruse in industrial processes notallowing for the emission ofbenzene in quantities in excessof those laid down in existinglegislation;(
32、c) waste covered by Directives75/442/EEC(1)and78/319/EEC(2).6. Asbestos fibres 91/6596.1. Crocidolite, CAS No12001-28-4Amosite, CAS No12172-73-5Anthophyllite asbestos, CASNo 77536-67-5Actinolite asbestos, CAS No77536-66-4Tremolite asbestos, CAS No77536-68-66.1. The placing on the market anduse of th
33、ese fibres and of prod-ucts containing these fibresintentionally added shall be pro-hibited.6.2. Chrysotile, CAS No12001-29-56.2. The placing on the market anduse of products containing thisfibre shall be prohibited for:(a) toys;(1)OJNo L 194, 25. 7. 1975, p 39.(2)OJNo L 84, 31. 3. 1978, p. 43.76/76
34、9CTI-REACH76/769/EEC - I7Designation of the substance, of thegroups of substances or of the prepara-tionConditions of restriction(b) materials or preparations in-tended to be applied byspraying;91/659(c) finished products which areretailed to the public inpowder form;(d) items for smoking such astob
35、acco pipes and cigaretteand cigar holders;(e) catalytic filters and insula-tion devices for incorpor-ation in catalytic heatersusing liquefied gas;(f) paints and varnishes;(g) filters for liquids.By way of derogation, thisprohibition will not apply tofilters for medicinal use untilafter 31 December
36、1994;(h) road surfacing materialwherethefibrecontentisgreater than 2 %;(i) mortars, protective coatings,fillers, sealants, jointingcompounds, mastics, glues,decorative powders and fi-nishes;(j) low density insulating orsoundproofing materials(density less than 1 g/cm3);(k) air filters and filters in
37、transport distribution andutilization of natural gasand town gas;(l) underlays for plastic floorand wall coverings;76/769CTI-REACH76/769/EEC - I8Designation of the substance, of thegroups of substances or of the prepara-tionConditions of restriction(m)textiles finished in the formintended to be supp
38、lied tothe end user unless treatedto avoid fibre release.By way of derogation, thisprohibition will not apply todiaphragms for electrolysisprocesses until after 31 De-cember 1998;91/659(n) roofing felt.Without prejudice to the ap-plication of other Communityprovisions on the classification,packaging
39、 and labelling of dan-gerous substances and prepara-tions, the placing on the marketand use of products containingthis fibre may be permitted onlyif the products bear a label inaccordance with the provisionsof Annex II to Directive76/769/EEC.8. Tris-aziridinyl)-phosphinoxideCAS N 5455-55-1May not be
40、 used in textile ar-ticles, such as garments, under-83/2649. Polybromobiphenyls (PBB)CAS N 59536-65-1c es, uc as a e ts, u degarments and linen, intended tocome into contact with the skin10. Soap bark powder (Quillajasaponaria) and its derivativescontaining saponinesPowder of the roots of Helle-boru
41、s viridis and HelleborusnigerPowder of the roots of Vera-trum album and Veratrum ni-grumBenzidine and/or its deriva-tiveso-nitrobenzaldehyde CAS N552 - 89 - 6Wood powder76/769CTI-REACH76/769/EEC - I9Designation of the substance, of thegroups of substances or of the prepara-tionConditions of restrict
42、ion11. Ammonium sulphide and am-monium hydrogen sulphideCAS N 12135-76-1CAS N 12124-99-1May not be used in jokes and hoaxesor in objects intended to be used assuch, for instance as a constituent ofsneezing powder and stink bombs83/264Ammonium polysulphideCAS N 12259-92-6However, Member States may to
43、ler-ate on their territory stink bombscontaining not more than 1,5 ml12. Volatile esters of bromoaceticacids:Methyl bromoacetateCAS N 96 - 32 - 2Ethyl bromoacetateCAS N 105 - 36 - 2Propyl bromoacetateButyl bromoacetate13. 2-naphthylamineCAS No 91 - 59 - 8 and itssaltsMay not be used in concentration
44、sequal to or greater than 0,1 % byweight in substances and prepara-tions placed on the market.89/67714. BenzidineCAS No 92 - 87 - 5 and itssalts15. 4-nitrobiphenylCAS No 92 - 93 - 3However, this provision shall notapply to waste containing one ormore of these substances and cov-ered by Directives 75
45、/442/EEC and78/319/EEC.16. 4-aminobiphenylCAS No 92 - 67 - 1 and itssaltsSuch substances and preparationsmay not be sold to the generalpublic. Without prejudice to the ap-plication of other Communityprovisions on the classification, pack-aging and labelling of dangerous sub-stances and preparations,
46、 the packag-ing of such preparations shall be leg-ible and indelibly marked as follows:Restricted to professional users.76/769CTI-REACH76/769/EEC - I10Designation of the substance, of thegroups of substances or of the prepara-tionConditions of restriction17. Lead carbons: neutral anhydrous carbon-at
47、e PB CO3CAS No 598 - 63 - 0 lead hydrocarbonate 2 PbCO3- Pb(OH)2CAS No 1319-46-6May not be used as substances andconstituents of preparations intendedfor use as paints, except for the res-toration and maintenance of worksof art and historic buildings andtheir interiors, where Member Stateswish to au
48、thorize this on their terri-tory, in accordance with the provi-sions of ILO Convention 13 on theuse of white lead in paint.89/67718. Lead sulphatesPbSO4(1:1)CAS No 7446-14-2PbxSO4CAS No 15739-80-7May not be used as substances andconstituents of preparations intendedfor use as paints, except for the
49、res-toration and maintenance of worksof art and historic buildings andtheir interiors, where Member Stateswish to authorize this on their terri-tory, in accordance with the provi-sions of ILO Convention 13 on theuse of sulphates of lead in paint.Member States shall prohibit, asfrom 1 January 1993, the marketingof:91/157 alkaline manganese batteries forprolonged use in extreme condi-tions (e.g. temperatures below0 Corabove50 C, exposedto shock
