8. 2. 90 Official Journal of the European Communities No C 30/89 
Re-examined proposal for a Council Directive amending 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 (*) 
COM(89) 606 final — SYN 28 
[Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty 
on 30 November 1989] 
(90/C 30/05) 
(!) OJ No C 41, 19. 2. 1987, p. 17. 
1. The third recital is replaced by the following: 
'Whereas technical progress makes it necessary to 
adapt the provisions contained in the Annex to 
Directive 76/769/EEC promptly; whereas, to simplify 
and speed up the procedure, the adoption of such 
measures shall be a matter for the Commission; 
whereas in all cases where the Council delegates 
responsibility for implementing provisions on danger­
ous substances and preparations to the Commission, 
there shall be thorough consultation between the 
Commission and the Member States within the 
framework of an Advisory Committee;' 
2. Article 1 is replaced by the following: 
'Article 1 
The following Articles are hereby inserted in Directive 
76/769/EEC: 
'Article 2a 
Amendments proposed to adapt the Annexes to 
technical progress shall be adopted by the Commission 
after consulting a Committee made up of representat­
ives of the Member States. When consulting the Committee the Commission may set a deadline by 
which the opinion must be delivered. No vote shall be 
taken on the Committee's deliberations. However, any 
Member State may require its opinion to be recorded in 
the minutes. 
Article 2b 
1. Where a Member State has good reason to believe 
that, owing to its characteristics, a substance or 
preparation constitutes a serious danger to human 
beings or the environment and prohibits the marketing 
and use of the dangerous substance or preparation 
concerned within its territory or makes it subject to 
special provisions, the Member State in question shall 
notify the Commission and the other Member States 
thereof forthwith, indicating the reasons for its 
decision. 
2. Where the Commission considers that it is necessary 
to amend the Directive, such amendments shall be 
adopted in accordance with the procedure set out in 
Article 2a above. 
In such cases, the Member State which has introduced 
the protection measures may maintain them until these 
amendments have entered into force.' 
No C 30/90 Official Journal of the European Communities 8. 2. 90 
ANNEX 
COMMON POSITION OF THE COUNCIL TEXT AMENDED BY PARLIAMENT 
AMENDMENT No 1 
Article 1 
The following Article is hereby inserted in Directive 76/ 
769/EEC: 
'Article 2a 
Amendments required to adapt the Annexes to 
technical progress, with regard to the substances and 
preparations already covered by the Directive, shall be 
adopted in accordance with the procedure laid down in 
Article 21 of Directive 67/548/EEC (*) as last amended 
by Directive 88/490/EEC (2). Article 1 
The following Articles are hereby inserted in Directive 76/ 
769/EEC: 
'Article 2a 
Amendments proposed to adapt the Annexes to 
technical progress shall be adopted by the Commission 
after consulting a committee made up of representa­
tives of the Member States. When consulting the 
committee the Commission may set a deadline by 
which the opinion must be delivered. No vote shall be 
taken on the committee's deliberations. However any 
Member State may require its opinion to be recorded in 
the minutes. 
Article 2b 
1. Where a Member State has good reason to believe 
that, owing to its characteristics, a substance or 
preparation constitutes a serious danger to human 
beings or the environment and prohibits the marketing 
and use of the dangerous substance or preparation 
concerned within its territory or makes it subject to 
special provisions, the Member State in question shall 
notify the Commission and the other Member States 
thereof forthwith, indicating the reasons for its 
decision. 
2. Where the Commission considers that it is necessary 
to amend the Directive, such amendments shall be 
adopted in accordance with the procedure set out in 
Article 2a above. 
In such cases, the Member State which has introduced 
the protection measures may maintain them until these 
amendments have entered into force. 
AMENDMENT No 4 
Third recital 
Whereas technical progress makes it necessary to adapt the 
provisions contained in the Annex to Directive 76/769/ 
EEC promptly; whereas, to make it easier to implement the 
required measures, it is necessary to institute a procedure 
providing for close collaboration between the Member 
States and the Commission; whereas provision should be 
made to provide for such a procedure within a Committee 
and for such amendments to be adopted in accordance with 
the procedure laid down in Article 21 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 ('), as last amended by Directive 88/490/ 
EEC (2) Third recital 
Whereas technical progress makes it necessary to adapt the 
provisions contained in the Annex to Directive 76/769/ 
EEC promptly; whereas, to simplify and speed up the 
procedure, the adoption of such measures shall be a matter 
for the Commission. 
In all cases where the Council delegates responsibility for 
implementing provisions on dangerous substances and 
preparations to the Commission, there shall be thorough 
consultation between the Commission and the Member 
States within the framework of an advisory committee. 
(') OJ No L 196, 16. 8. 1967, p. 1. 
(2) OJ No L 259, 19. 9.1988, p. 1