# CE2009041EN.01010201.xml

| 19.2.2009 | EN | Official Journal of the European Union | CE 41/102 |
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19.2.2009

EN

Official Journal of the European Union

CE 41/102

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P6_TA(2008)0005

European Parliament legislative resolution of 15 January 2008 on the proposal for a regulation of the European Parliament and of the Council concerning the export and import of dangerous chemicals (COM(2006)0745 — C6-0439/2006 — 2006/0246(COD))

(Codecision procedure: first reading)

The European Parliament,

The European Parliament

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0745), |
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having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0745),

| — | having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0439/2006), |
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having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0439/2006),

| — | having regard to Rule 51 of its Rules of Procedure, |
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having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Industry, Research and Energy (A6-0406/2007), |
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having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Industry, Research and Energy (A6-0406/2007),

| 1. | Approves the Commission proposal as amended; |
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1.

Approves the Commission proposal as amended;

| 2. | Takes note of the Commission statement annexed hereto; |
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2.

Takes note of the Commission statement annexed hereto;

| 3. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
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3.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 4. | Instructs its President to forward its position to the Council and Commission. |
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4.

Instructs its President to forward its position to the Council and Commission.

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P6_TC1-COD(2006)0246

Position of the European Parliament adopted at first reading on 15 January 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council concerning the export and import of dangerous chemicals

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 689/2008.)

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ANNEX

COMMISSION STATEMENT CONCERNING THE STATUS OF MERCURY AND ARSENIC UNDER THE PIC REGULATION

The Commission stresses that, in accordance with Article 22(3) of Regulation (EC) No 304/2003, if metallic arsenic were to be banned or severely restricted in the Community, a proposal would be made to adapt the relevant annex. It further notes that work is ongoing in the Council and Parliament on a proposal for an export ban on mercury out of the Community, thus going beyond the prior informed consent requirement in the Rotterdam Convention and the EC Regulation implementing it.

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