Decision 2008/1348 - Decision 1348/2008/EC amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of 2-(2-methoxyethoxy)ethanol, 2-(2-butoxyethoxy)ethanol, methylenediphenyl diisocyanate, cyclohexane and ammonium nitrate

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1.

Current status

This decision was in effect from December 27, 2008 until May 31, 2009.

2.

Key information

official title

Decision No 1348/2008/EC of the European Parliament and of the Council of 16 December 2008 amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of 2-(2-methoxyethoxy)ethanol, 2-(2-butoxyethoxy)ethanol, methylenediphenyl diisocyanate, cyclohexane and ammonium nitrate
 
Legal instrument Decision
Number legal act Decision 2008/1348
Original proposal COM(2007)559 EN
CELEX number i 32008D1348

3.

Key dates

Document 16-12-2008
Publication in Official Journal 24-12-2008; OJ L 348 p. 108-112
Effect 27-12-2008; Entry into force Date pub. + 3 See Art 2
End of validity 31-05-2009; Implicitly repealed by 32006R1907

4.

Legislative text

24.12.2008   

EN

Official Journal of the European Union

L 348/108

 

DECISION No 1348/2008/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 December 2008

amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of 2-(2-methoxyethoxy)ethanol, 2-(2-butoxyethoxy)ethanol, methylenediphenyl diisocyanate, cyclohexane and ammonium nitrate

(Text with EEA relevance)

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,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

 

(1)

The risks posed to human health by 2-(2-methoxyethoxy)ethanol (DEGME), 2-(2-butoxyethoxy)ethanol (DEGBE), methylenediphenyl diisocyanate (MDI) and cyclohexane 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 (3). The risk assessment for all these chemical substances identified the need to limit the risks posed to human health. Those conclusions were confirmed by the Scientific Committee on Toxicity, Ecotoxicity and the Environment.

 

(2)

Commission Recommendations 1999/721/EC of 12 October 1999 on the results of the risk evaluation and on the risk reduction strategies for the substances: 2-(2-butoxyethoxy)ethanol; 2-(2-methoxyethoxy)ethanol; Alkanes, C10-13, chloro; Benzene, C10-13-alkyl derivs. (4) and 2008/98/EC of 6 December 2007 on risk reduction measures for the substances: Piperazine; Cyclohexane; Methylenediphenyl diisocyanate; But-2yne-1,4-diol; Methyloxirane; Aniline; 2-Ethylhexylacrylate; 1,4-Dichlorobenzene; 3,5-dinitro-2,6-dimethyl-4-tert-butylacetophenone; Di-(2-ethylhexyl)phthalate; Phenol; 5-tert-butyl-2.4,6-trinitro-m-xylene (5), adopted within the framework of Regulation (EEC) No 793/93, proposed a strategy for limiting the risks for DEGME, DEGBE, MDI and cyclohexane respectively, recommending that restriction measures under Council Directive 76/769/EEC of 27 July 1976 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 (6) must be applied for preparations containing these substances placed on the market for supply to the general public.

 

(3)

In order to protect consumers, it therefore appears necessary to restrict the placing on the market and the use of preparations containing DEGME, DEGBE, MDI or cyclohexane for specific applications.

 

(4)

DEGME is very rarely used as a constituent of consumer paints, paint strippers, cleaning agents, self-shining emulsions and floor sealants. The aforementioned risk assessment has shown that there is a risk to the health of consumers through dermal exposure to paints and paint-strippers containing DEGME. DEGME used as a constituent of paints and paint strippers should therefore not be placed on the market for supply to the general public. Even though the use of DEGME as a constituent of cleaning agents, self-shining emulsions and floor sealants has not been assessed, it may pose a similar risk and therefore DEGME used as a constituent of those preparations should also not be placed on the market for supply to the general public. A limit value of 0,1 % by mass of DEGME in those preparations should be adopted for market surveillance purposes.

 

(5)

DEGBE is used as a constituent of paints and cleaners. The aforementioned risk assessment for DEGBE has shown that there is a risk to the health of consumers through inhalation exposure during spray painting application. A derived safe concentration limit of...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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