L 33/28 Official Journal of the European Union 4.2.2006 DIRECTIVE 2005/90/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 January 2006 amending, for the 29th time, Council Directive 76/769/EEC 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 (substances classified as carcinogenic, mutagenic or toxic to reproduction — c/m/r) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, 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 (?), Whereas: (1) The measures provided for in this Directive fall within the framework of the action plan adopted in Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003 to 2008) (%). According to that Decision the Community is committed to promoting and improving health, prevent- ing disease, and countering potential threats to health, with a view to reducing avoidable morbidity and premature mortality and activity-impairing disability. (2)  The substances which appear in Annex I to Council Direc- tive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relat- ing to the classification, packaging and labelling of danger- ous substances (*) and are classified as carcinogens category 1 or 2 may cause cancer. The substances which appear in Annex [ to Directive 67/548/EEC and are classi- fied as mutagens category 1 or 2 may cause heritable genetic damage. The substances which appear in Annex I to Directive 67/548/EEC and are classified as toxic to reproduction category 1 or 2 may cause birth defects or may impair fertility. (1) OJ C 255, 14.10.2005, p. 33. (%) Opinion of the European Parliament of 23 June 2005 (not yet pub- lished in the Official Journal) and Council Decision of 8§ December 2005. () OJ L 271, 9.10.2002, p. 1. Decision as amended by Decision No 786/2004/EC (O] L 138, 30.4.2004, p. 7). (%) OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 2004/73/EC (O] L 152, 30.4.2004, p. 1, as corrected by OJ L 216, 16.6.2004, p. 3). (3)  In order to improve human health protection and con- sumer safety, the use of substances newly-classified as car- cinogenic, mutagenic or toxic to reproduction of category 1 or 2 should be regulated and the placing on the market of substances and preparations containing them should be subject to restriction for sale to the general public. (4)  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 (°) lays down restrictions on the marketing and use of certain dangerous substances and preparations, with the objective, among others, to improve human health protection and consumer safety. (5)  Directive 94/60/EC of the European Parliament and of the Council (°) amending for the 14th time Directive 76/769[EEC, establishes, in the form of an Appendix to Annex [ to Directive 76/769/EEC, a list containing sub- stances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2. Such substances and preparations containing them should be subject to restric- tion for sale to the general public. (6)  Directive 94/60/EC provides that, no later than six months after publication in the Official Journal of the European Union of an adaptation to technical progress of Annex I to Direc- tive 67/548/EEC, which contains substances classified as carcinogenic, mutagenic or toxic to reproduction in cat- egory 1 or 2, the Commission will submit to the European Parliament and Council a proposal for a directive regulat- ing these newly-classified substances, so as to update the Appendix of Annex I to Directive 76/769/EEC. The pro- posal from the Commission will take account of the risks and advantages of the newly-classified substances, as well as of the Community legislative provisions on risk analysis. (°) OJ L 262,27.9.1976, p. 201. Directive as last amended by Commis- sion Directive 2004/98/EC (OJ L 305, 1.10.2004, p. 63). (6) OJ L 365, 31.12.1994, p. 1.