9.12.2005 Official Journal of the European Union L 323/51 DIRECTIVE 2005/69/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 November 2005 amending for the 27th 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 (polycyclic aromatic hydrocarbons in extender oils and tyres) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE (2) 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 (%), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3, Whereas: (1) Tyres are produced by using extender oils that may contain various levels of polycyclic aromatic hydrocar- (5) bons (PAHs) that are not added intentionally. During the production process PAHs can be incorporated into the rubber matrix. Therefore, they can be present in various amounts in the final product. — = N O] C 120, 20.5.2005, p. 30. Opinion of the European Parliament of 9 June 2005 (not yet G published in the Official Journal) and Council Decision of 17 October 2005. — P8 N Benzo(a)pyrene (BaP) can be a qualitative and quantita- tive marker for the presence of PAHs. BaP and other PAHs have been classified as carcinogenic, mutagenic and toxic to reproduction. In addition, due to the presence of these PAHs, several extender oils as such have been classified as carcinogenic, mutagenic and toxic to reproduction. The Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE) has confirmed the scientific findings which identify the adverse health effects of PAHSs. The emission of BaP and other PAHs into the environment should be reduced as much as possible. In order to provide a high level of protection to human health and the environment and to contribute to the reduction of total annual emissions of PAHs as required in the 1998 Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants, it therefore appears necessary to restrict the placing on the market and the use of PAH- rich extender oils and blends used as extender oils for the production of tyres. Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and adminis- trative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (}) should there- fore be amended accordingly. O] L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 2004/98/EC (O] L 305, 1.10.2004, p. 63).