The European Directive restricting the use of Nickel

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF EUROPEAN UNION,

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

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

Having regard to the opinion of the Economic and Social Committee ⁽²⁾,

Acting in accordance with the procedure referred to in Article 189b of the Treaty ⁽³⁾,

Whereas Article 8a of the Treaty establishes an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;

Whereas work on the internal market should gradually improve the quality of life, health protection and consumer safety; whereas the measures proposed by this Directive are in line with the Council Resolution of 9 November 1989 on the future priorities for relaunching consumer protection policy;

Whereas the presence of nickel in certain objects coming into direct and prolonged contact with the skin may cause sensitization of humans to nickel and may lead to allergic reactions; whereas for these reasons the use of nickel should be limited;

Whereas one Member State has already introduced a set of control measures on its territory to counteract nickel sensitization and nickel allergy and a second Member State plans to introduce on its territory a different set of control measures; whereas there is therefore a risk of barriers to trade;

Whereas the test methods to be used in demonstrating the conformity with this Directive should be defined and published before this Directive is implemented; whereas these test methods should be the subject of a European standard;

Whereas limitations already adopted or planned by certain Member States on the use of nickel directly affect the completion and functioning of the internal market; whereas it is therefore necessary to approximate the laws of the Member States in this field and consequently to amend Annex 1 to Directive 76/769/EEC ⁽⁴⁾,

HAVE ADOPTED THIS DIRECTIVE:

Annex 1 to Directive 76/769/EEC is hereby supplemented.

1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than six months after publication by the Commission in the Official Journal of the European Communities, of the standards adopted by the European Committee for Standardization (CEN) on all the test methods used in demonstrating the conformity of the products with this Directive, or six months after the adoption of this Directive if that date is later than the former, so that:
   • six months after the expiry of one or other of those periods, which ever is applicable, no manufacturer or importer may place on the market products which fail to comply with this Directive;

   • eighteen months after the expiry of one or other of those periods, which ever is applicable, products which fail to comply with this Directive cannot be sold or made available to the final consumer, unless they have been placed on the market before the expiry of the date in question.

   They shall inform the Commission thereof.

2. When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.

This Directive is addressed to the Member States.

Done at Brussels, 30 June 1994.

For the European Parliament E. KLEPSCH The President

For the Council A. BALTAS The President

⁽¹⁾ O.J. No C116 27/4/1993 page 18

⁽²⁾ O.J. No C304 10/11/1993 page 2

⁽³⁾ Opinion of the European Parliament of 2/12/1993 (O.J. No C342 20/12/1993 page 15), Council common position of 4/3/1994 (O.J. No C137 19/5/1994 page 60) and Decision of the European Parliament of 5/5/1994 (not yet published).

⁽⁴⁾ Original Directive O.J. No L262 27/9/76 page 201, Directive as last amended by Directive 91/339/EEC (O.J. No L186 12/7/91 page 64).

ANNEX