Restrictions on Marketing

Council Directive 76/769/EEC [4-5], known as the Restriction Directive, was first published on 27 July 1976 and has so far been amended 28 times. The last amendments were 2005/59/EC and 2005/69/EC. 

The full title of the Directive is Council Directive 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 . 

This Directive restricts in the most comprehensive manner the marketing of substances, preparations, and articles in the European Community. As it is based on Article 95 of the EC Treaty, modifications are not generally allowed on a national level. 

The Directive has only four Articles, which address the scope of and the necessity for the Directive. The most important part of the Directive is annex I, which lists the regulated substances. 

The substances listed in the armex I are restricted with regard to marketing and use but not necessarily prohibited. The restrictions are defined exactly. 

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Restrictions on Marketing and Use Directive. Sets detailed restrictions and total bans on a number of individual substances, e.g. the use of TBT in paint, the use of cadmium, the use of carcinogenic substances as well as approximately 30 other substance specific measures (EU, 1976). 

The objective of assessing existing substances is to ascertain the risks involved in substances that have already been marketed and to reduce these, if necessary. Any restrictions on marketing and use that may be required represent a market intervention and therefore have to be substantiated well by the authorities. 

Restrictions on marketing and use Tradable instruments Information Market forces apply... 

The rapporteur then produces a draft risk assessment regarding human health and the environment, and proposes any necessary risk limitation strategies. Such measures are for adoption at EC level using existing provisions (such as classification and labelling, occupational exposure limits or very occasionally, by restrictions on marketing and use under the provisions of the marketing and use directive , ie. Council Directive 76/769/EEC [29] as amended), and can be undertaken only after a risk/benefit evaluation on the chemical. 

Two different general concepts of restrictions on marketing and use exist, which be designated as 1>an with exemptions and controUed use . A ban with exemptions means that marketing and use of the substances are prohibited except for applications that are explicitly allow . Controlled use means that marketing and use of a substance and the preparations and products containing it are allowed cept those that are specifically forbidden. In practice, the concept of "controlled use" is predominant, i.e. a ban limited to e.g. the general public (e.g. benzidine, chlorinated, hydrocarbons) and/or certain applications (e.g. cadmium). 

If the substance or preparation covered by the safety data sheet is the subject of specific provisions in relation to protection of man or the environment at Community level (e.g., restrictions on marketing and use set out in Council Directive 76/769/EEC [4-5]), these provisions should, as far as is possible, be stated. 

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