COMMISSION DECISION of 11 May 1981 laying down the criteria in accordance with which information relating to the inventory of chemical substances is supplied by the Member States to the Commission (81/437/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (1), as last amended by Directive 79/831/EEC (2), and in particular Article 13 (3) thereof,
Whereas Article 13 (1) of Directive 67/548/EEC provides for the drawing up of an inventory of substances existing on the Community market by 18 September 1981 ; whereas the Commission, in drawing up this inventory, must take account of Articles 1 (4) and 8 of the said Directive;
Whereas, for reasons of time and expense it is necessary, in order to draw up the inventory, to use a composite technique based on a core inventory supplemented by declarations by manufacturers or importers demonstrating the existence on the Community market of substances not included in the core inventory;
Whereas the core inventory drawn up by the Commission taking into account the opinion of the Committee on Adaptation to Technical Progress must be drawn up in accordance with data from which it may be reasonably and objectively assumed that the substances shown therein exist on the Community market;
Whereas it is necessary to make provisions enabling the introduction of the procedure for declaring substances for inclusion in the inventory to the competent authorities of the Member States, such declaration being valid for the Community market;
Whereas it is also advisable to lay down that the provisions relating to the declaration procedure and the time table to be respected be adopted at Community level;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives on the Removal of Technical Barriers to Trade in the Sector of Dangerous Substances and Preparations,
HAS ADOPTED THIS DECISION:
Article 1
In order to enable the Commission to draw up the inventory provided for in Article 13 of Directive 67/548/EEC, the Member States shall take all the measures necessary to ensure that the phases and procedures set out in Articles 2 and 3 and in the Annex are correctly observed.
Article 2
1. The inventory of chemical substances existing on the Community market by 18 September 1981, hereinafter referred to as "Einecs" (European Inventory of Existing Commercial Chemical Substances), shall be drawn up in accordance with the provisions set out in Section I of the Annex.
2. The Einecs inventory shall be composed of a core inventory, hereinafter referred to as "Ecoin" (European Core Inventory), drawn up by the Commission from the data at its disposal, and of a list of substances which are the subject of subsequent declarations communicated to the Commission by the Member States in accordance with the provisions set out in Section II of the Annex.
Article 3
Member States shall take all the necessary measures in order to implement and coordinate the work associated with drawing up the Einecs inventory. For this purpose the Commission shall nominate a contact point.
(1) OJ No L 196, 16.8.1967, p. 1. (2) OJ No L 259, 15.9.1979, p. 10. For the same purpose Member States may indicate national contact points. The Member States shall send to the Commission before 30 June 1981 the addresses to which declaration forms must be sent.
The Commission shall publish the addresses in the Official Journal of the European Communities.
Article 4
For the purposes of this Decision, the definitions of "substances", "preparation", "placing on the market", shall be as set out in Article 2 of Directive 67/548/EEC.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 11 May 1981.