COMMON POSITION (EC) No 18/96

adopted by the Council on 4 March 1996

with a view to adopting Directive 96/. . ./EC of the European Parliament and of the Council amending Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances

(96/C 134/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),

Whereas the abbreviation 'EEC` appears in certain provisions of Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (4);

Whereas Article G of the Treaty on European Union replaced the term 'European Economic Community` with the term 'European Community`; whereas the abbreviation EEC should therefore be replaced by the abbreviation EC in the abovementioned provisions;

Whereas, however, economic operators normally hold large stocks of labels; whereas certain dangerous substances validly provided with labels bearing the abbreviation 'EEC` may be stored on the production sites for a relatively long period before being placed on the market; whereas such a change of abbreviation could occasion extra costs for those operators; whereas a reasonable period should therefore be set during which dangerous substances whose labels bear an 'EEC number` and the words 'EEC label` can still be placed on the market;

Whereas Directive 67/548/EEC should be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 67/548/EEC is hereby amended as follows:

(a) In Article 21 (2), the term 'EEC number` is hereby replaced by the term 'EC number`.

(b) In Article 23 (2)(f), the term 'EEC number` is hereby replaced by the term 'EC number` and the term 'EEC label` by the term 'EC label`.

However, Member States shall permit the placing on the market of substances whose labels bear the 'EEC number` and the words 'EEC label` until 31 December 2000.

Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 June 1998 at the latest. They shall forthwith inform the Commission thereof.

When these measures are adopted by Member States, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.

Article 3

This Directive shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, . . .

For the European Parliament

The President

For the Council

The President

(1) OJ No C 73, 13. 3. 1996, p. 20.

(2) Opinion delivered on 28 February 1996 (not yet published in the Official Journal).

(3) Opinion of the European Parliament of 13 February 1996 (OJ No C 65, 4. 3. 1996, p. 26) Council common position of . . . (not yet published in the Official Journal) and Decision of the European Parliament of . . . (not yet published in the Official Journal).

(4) OJ No 196, 16. 8. 1967, p. 1. Directive last amended by the 1994 Act of Accession.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 11 December 1995 the Commission submitted a proposal for a Directive based an Article 100a of the EC Treaty relating to the classification, packaging and labelling of dangerous substances.

2. The European Parliament, on first reading, and the Economic and Social Committee delivered their opinions on 13 February 1996 and 28 February 1996 respectively.

3. On 4 March 1996 the Council adopted its common position in accordance with Article 189b of the Treaty.

II. PURPOSE

The purpose of the proposal for a Directive is to replace the abbreviation 'EEC` which appears in certain places in the enacting terms of Directive 67/548/EEC by the abbreviation 'EC` in order to adapt it to Article G of the Treaty on European Union.

III. ANALYSIS OF THE COMMON POSITION

The Council made two changes to the text proposed by the Commission:

1. a purely textual amendment to the second paragraph of Article 1 where 'authorize` is replaced by 'permit` in order to avoid any possible confusion with the concept of 'authorization` which implies the existence of a decision-making procedure before placing on the market; and

2. a change in the date in the first paragraph of Article 2 by which the Member States will have to transpose the Directive into their national law. Since the transitional period granted to economic operators extends until 31 December 2000, the Council felt that substituting 1 June 1998 for 1 June 1997 would enable all Member States to comply with the Directive within the time limit in accordance with their customary national procedures.

The Commission agreed to these two changes.