Directive 98/8/EC of the European Parliament and of the Council (repealed)Show full title

Article 1 Scope

1. This Directive concerns:

(a) the authorisation and the placing on the market for use of biocidal products within the Member States;

(b) the mutual recognition of authorisations within the Community;

(c) the establishment at Community level of a positive list of active substances which may be used in biocidal products.

2. This Directive shall apply to biocidal products as defined in Article 2(l)(a) but shall exclude products that are defined or within the scope of the following instruments for the purposes of these Directives:

(a) Council Directive 65/65/EEC of 26 January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products(1),

(b) Council Directive 81/851/EEC of 28 September 1981 on the approximation of the laws of the Member States on veterinary medicinal products(2),

(c) Council Directive 90/677/EEC of 13 December 1990 extending the scope of Directive 81/851/EEC on the approximation of the laws of the Member States relating to veterinary medicinal products and laying down additional provisions for immunological medicinal products(3),

(d) Council Directive 92/73/EEC of 22 September 1992 widening the scope of Directives 65/65/EEC and 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products and laying down additional provisions on homeopathic medicinal products(4),

(e) Council Directive 92/74/EEC of 22 September 1992 widening the scope of Directive 81/851/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to veterinary medicinal products and laying down additional provisions on homeopathic veterinary medicinal products(5),

(f) Council Regulation (EEC) No 2309/93 of 22 July 1993 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products(6),

(g) Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices(7),

(h) Council Directive 93/42/EEC of 14 June 1993 concerning medical devices(8),

(i) Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption(9), Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production(10) and European Parliament and Council Directive No 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners(11),

(j) Council Directive 89/109/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to materials and articles intended to come into contact with foodstuffs(12),

(k) Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk based products(13),

(l) Council Directive 89/437/EEC of 20 June 1989 on hygiene and health problems affecting the production and the placing on the market of egg products(14),

(m) Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products(15),

(n) Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community(16),

(o) Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs(17), Council Directive 82/471/EEC of 30 June 1982 on certain products used in animal nutrition(18) and Council Directive 77/101/EEC of 23 November 1976 on the marketing of straight feedingstuffs(19),

(p) Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products(20),

(q) Council Directive 95/5/EC of 27 February 1995 amending Directive 92/120/EEC on the conditions for granting temporary and limited derogations from specific Community health rules on the production and marketing of certain products of animal origin(21),

(r) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(22).

3. This Directive shall apply, without prejudice to relevant Community provisions or measures taken in accordance with them, in particular, to:

(a) 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(23),

(b) Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances(24),

(c) Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals ((25)),

(d) Council Directive 80/1107/EEC of 27 November 1980, on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work(26), Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(27) and individual Directives based on these Directives,

(e) Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations or administrative provisions of the Member States concerning misleading advertising(28).

4. Article 20 shall not apply to the carriage of biocidal products by rail, road, inland waterway, sea or air.

(1)

OJ 22, 9.2.1965, p. 369. Directive as last amended by Directive 93/39/EEC (OJ L 214, 24.8.1993, p. 22).

(2)

OJ L 317, 6.11.1981, p. 1. Directive as last amended by Directive 93/40/EEC (OJ L 214, 24.8.1993, p. 31).

(3)

OJ L 373, 31.12.1990, p. 26.

(4)

OJ L 297, 13.10.1992, p. 8.

(5)

OJ L 297, 13.10.1992, p. 12.

(6)

OJ L 214, 24.8.1993, p. 1.

(7)

OJ L 189, 20.7.1990, p. 17. Directive as last amended by Directive 93/68/EEC (OJ L 220, 31.8.1993, p. 1).

(8)

OJ L 169, 12.7.1993, p. 1.

(9)

OJ L 40, 11.2.1989, p. 27. Directive as amended by Directive 94/34/EC (OJ L 237, 10.9.1994, p. 1).

(10)

OJ L 184, 15.7.1988, p. 61. Directive as amended by Directive 91/71/EEC (OJ L 42, 15.2.1991, p. 25).

(11)

OJ L 61, 18.3.1995, p. 1. Directive as amended by Directive 96/85/EC (OJ L 86, 28.3.1997, p. 4).

(12)

OJ L 40, 11.2.1989, p. 38.

(13)

OJ L 268, 14.9.1992, p. 1. Directive as last amended by Directive 94/71/EC (OJ L 368, 31.12.1994, p. 33).

(14)

OJ L 212, 22.7.1989, p. 87. Directive as last amended by the 1994 Act of Accession.

(15)

OJ L 268, 24.9.1991, p. 15. Directive as last amended by Directive 95/71/EC (OJ L 332, 30.12.1995, p. 40).

(16)

OJ L 92, 7.4.1990, p. 42.

(17)

OJ L 270, 14.12.1970, p. 1. Directive as last amended by Directive 97/6/EC (OJ L 35, 5.2.1997, p. 11).

(18)

OJ L 213, 21.7.1982, p. 8. Directive as last amended by Directive 96/25/EC (OJ L 125, 23.5.1996, p. 35).

(19)

OJ L 32, 3.2.1977, p. 1. Directive as last amended by the 1994 Act of Accession.

(20)

OJ L 262, 27.9.1976, p. 169. Directive as last amended by Directive 97/18/EC (OJ L 114, 11.5.1997, p. 43).

(21)

OJ L 51, 8.3.1995, p. 12.

(22)

OJ L 230, 19.8.1991, p. 1. Directive as last amended by Directive 96/68/EC (OJ L 277, 30.10.1996, p. 25).

(23)

OJ L 262, 27.9.1976, p. 201. Directive as last amended by Directive 97/16/EC (OJ L 116, 6.5.1997, p. 31).

(24)

OJ L 33, 8.2.1979, p. 36. Directive as last amended by the 1994 Act of Accession.

(25)

OJ L 251, 29.8.1992, p. 13. Regulation as last amended by Regulation (EC) No 1492/96 (OJ L 189, 30.7.1996, p. 19).

(26)

OJ L 327, 3.12.1980, p. 8. Directive as last amended by the 1994 Act of Accession.

(27)

OJ L 183, 29.6.1989, p. 1.

(28)

OJ L 250, 19.9.1984, p. 17.