COMMON POSITION (EC) No 2/1999 adopted by the Council on 14 December 1998 with a view to the adoption of Directive 1999/. . ./EC of the European Parliament and of the Council amending for the 17th time Council 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 (1999/ 18/02)

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),

(1) Whereas the necessary measures should be adopted for the smooth operation of the internal market;

(2) Whereas the European Parliament and the Council adopted on 29 March 1996 Decision No 646/96/EC of 29 March 1996 adopting an action plan to combat cancer within the framework for action in the field of public health (1996 to 2000 (4);

(3) Whereas, to improve health protection and consumer safety, substances classified as carcinogenic, mutagenic or toxic to reproduction and preparations containing them should not be placed on the market for use by the general public;

(4) Whereas Directive 94/60/EC of the European Parliament and of the Council of 20 December 1994 amending for the 14th time 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 (5) establishes, in the form of an Appendix concerning points 29, 30 and 31 of Annex I to Directive 76/769/EEC (6), a list containing substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2; whereas such substances and preparations should not be placed on the market for use by the general public;

(5) Whereas Directive 94/60/EC provides that the Commission will submit to the European Parliament and Council a proposal to extend this list not later than six months after publication of an adaptation to technical progress of Annex I to Directive 67/548/EEC (7), which contains substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2;

(6) Whereas Commission Directive 96/54/EC (8) adapting for the 22nd time Directive 67/548/EEC, and more particularly Annex I thereto, to technical progress, contains 16 substances newly classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2; whereas these substances should be added to points 29, 30 and 31 of the Appendix to Annex I to Directive 76/769/EEC, as consolidated by Directive 97/56/EC of the European Parliament and of the Council (9) amending Directive 76/769/EEC for the 16th time;

(7) Whereas the risks and advantages of the substances newly classified, by Directive 96/54/EC, as carcinogenic, mutagenic and toxic to reproduction of category 1 or 2 have been taken into account;

(8) Whereas Article 1(1)(f) of Directive 96/54/EC deletes eight entries from Annex I to Directive 67/548/EEC as the substances under these entries are already covered by other entries or their classification as carcinogens has been withdrawn; whereas five of these substances are included in the Appendix to point 29 of Annex I to Directive 76/769/EEC; whereas these entries should also be deleted in the latter Directive;

(9) Whereas this Directive applies without prejudice to Community legislation laying down minimum requirements for the protection of workers contained in 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 (10), and individual Directives based thereon, in particular Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (11),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

The substances listed in Annex I to this Directive shall be added to those substances listed in the Appendix concerning points 29, 30 and 31 of Annex I to Directive 76/769/EEC.

Article 2

The substances listed in Annex II to this Directive shall be deleted from those substances listed in the Appendix to point 29 of Annex I to Directive 76/769/EEC.

Article 3

1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive no later than one year after the date of its entry into force. They shall inform the Commission thereof forthwith.

They shall apply these measure 18 months after the date of the entry into force of this Directive.

2. When Member States adopt these measures, 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 reference shall be laid down by Member States.

Article 4

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

Article 5

This Directive is addressed to the Member States.

Done at . . .

For the European Parliament

The President

For the Council

The President

(1) OJ C 59, 25.2.1998, p. 5.

(2) OJ C 214, 10.7.1998, p. 73.

(3) Opinion of the European Parliament of 18 February 1998 (OJ C 80, 16.3.1998, p. 91), Council Common Position of 14 December 1998 and Decision of the European Parliament of . . . (not yet published in the Official Journal).

(4) OJ L 95, 16.4.1996, p. 9.

(5) OJ L 365, 31.12.1994, p. 1.

(6) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 97/64/EC (OJ L 315, 19.11.1997, p. 13).

(7) 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 (OJ L 196, 16.8.1967, p. 1). Directive as last amended by Commission Directive 97/69/EC (OJ L 343, 13.12.1997, p. 19).

(8) OJ L 248, 30.9.1996, p. 1.

(9) OJ L 333, 4.12.1997, p. 1.

(10) OJ L 183, 29.6.1989, p. 1.

(11) OJ L 196, 26.7.1990, p. 1.

ANNEX I

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ANNEX II

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 8 January 1998, the Commission submitted to the Council a proposal based on Article 100a of the EC Treaty amending Council Directive 76/769/EEC on the approximation of the laws of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations.

2. The European Parliament delivered its opinion on the Commission proposal on 18 February 1998 and approved it without amendment. The Economic and Social Committee delivered its opinion on 29 April 1998.

The Council adopted its common position in accordance with Article 189b of the Treaty on 14 December 1998.

II. OBJECTIVES

Directive 94/60/EC of the European Parliament and of the Council amending for the 14th time 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, added a list containing substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2 (c/m/r substances) to Annex I to Directive 76/769/EEC. It prohibits the use of such substances in substances or preparations placed on the market for use by the general public.

Commission Directive 96/54/EC adapting for the 22nd time Directive 67/548/EEC to technical progress, added 16 new c/m/r substances to Annex I to Directive 67/548/EEC.

Pursuant to Directive 94/60/EC, the Commission is obliged to submit a new proposal to the European Parliament and Council for addition of the substances newly classified as c/m/r to Annex I to Directive 76/769/EEC no later than six months after publication of their classification as c/m/r substances (of category 1 or 2) within the framework of Council Directive 67/548/EEC.

The present proposed amendment will extend the number of c/m/r substances listed in Annex I to Directive 76/769/EEC by adding substances classified as c/m/r of category 1 or 2 in the 22nd adaptation to technical progress of Directive 67/548/EEC. The use of all such substances by consumers will therefore be prohibited.

III. ANALYSIS OF THE COMMON POSITION

The Council has added to the Commission proposal, with the latter's consent, Article 2 of the common position and recital 8 relating thereto.

This Article deletes five substances from the list in the Appendix concerning point 29 of Annex I to Directive 76/769/EEC. These five substances together with three others had been deleted from Annex I to Directive 67/548/EEC since they were already covered by other entries or their classification as carcinogenic had in the meantime been lifted. It was therefore necessary to also delete them from Directive 76/769/EEC as part of the present amendment.