COMMON POSITION (EC) No 19/94 adopted by the Council on 8 June 1994 with a view to adopting Council Regulation (EC) No . . ./94 of . . . amending Annex I to Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals (94/C 213/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 130s, paragraph 1 thereof,

Having regard to Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals (1) and in particular Article 11 thereof and Annex I thereto,

Having regard to the proposal from the Commission (2),

Having regard to the opinion of the Economic and Social Committee (3),

Acting in conformity with the procedure referred to in Article 189c of the Treaty (4),

Whereas the said Annex I lists the chemicals banned or severely restricted in the Community; whereas Article 11 of the same Regulation requires this list to be reviewed at regular intervals and amended as necessary;

Whereas as a result of amendments and the adaptation to technical progress of Directive 79/117/EEC (5), which prohibits the placing on the market and use of plant protection products containing certain active substances, the list of chemicals contained in Annex I to Regulation (EEC) No 2455/92 and of Directive 76/769/EEC, which restricts the marketing and use of certain dangerous substances and preparations (6), the list of chemicals contained in Annex I to Regulation (EEC) No 2455/92 should be amended and additional chemicals added thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The Table in the Annex to this Regulation shall replace the Table in Annex I to Regulation (EEC) No 2455/92.

Article 2

This Regulation shall enter into force one month after its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at . . .

For the Council

The President

(1) OJ No L 251, 29. 8. 1992, p. 13.

(2) OJ No C 112, 22. 4. 1993, p. 12.

(3) OJ No C 249, 13. 9. 1993, p. 5.

(4) Opinion of the European Parliament of 9 March 1994 (not yet published in the Official Journal). Joint Council Position of . . . (not yet published in the Official Journal) and European Parliament Decision of . . . (not yet published in the Official Journal).

(5) OJ No L 33, 8. 2. 1979, p. 36. Directive as last amended by Directive 91/188/EEC (OJ No L 92, 13. 4. 1991, p. 42).

(6) OJ No L 262, 27. 9. 1976, p. 201. Directive as last amended by Directive 91/339/EEC (OJ No L 186, 12. 7. 1991, p. 64).

ANNEX

'ANNEX I

>TABLE>

THE COUNCIL'S REASONS

I. Introduction

1. On 26 March 1993 the Commission submitted a proposal for a Council Regulation (EC) amending Annex I to Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals (1).

2. The European Parliament and the Economic and Social Committee delivered their opinions on 9 March 1994 (2) and 30 June 1993 (3) respectively.

3. On 8 June 1994 the Council adopted its common position in accordance with Article 189c of the EC Treaty, on the basis of Article 130s (1) of the Treaty. Apart from specifying the legal basis to take account of entry into force of the Treaty on European Union, the common position reproduces the Commission proposal unchanged.

II. Objective

The Commission proposal was drawn up pursuant to Article 11 of Council Regulation (EEC) No 2455/92; its aim is to update the list of chemicals banned or reserved strictly for certain uses under Community legislation, which is given in Annex I to that Regulation. Accordingly, 15 substances or groups of substances have been added to the Annex and the status of six of the substances already listed in the Annex has been amended (from 'severely restricted' to 'banned'). These additions and amendments stem from the adoption of amendments to Community legislation regulating the marketing and use of certain dangerous substances and preparations (Council Directives 76/769/EEC and 79/117/EEC).

III. Analysis of the common position

European Parliament amendments not incorporated by the Commission. Like the Commission, the Council rejected all the European Parliament's amendments on the grounds that they were:

- not applicable, given the aims of the Regulation, which, as stated in II. above, does not seek to amend Regulation (EEC) No 2455/92 but simply to adapt Annex I thereto: amendments Nos 16, 10, 12, 11, 13, 14 and the corresponding recitals,

- not in keeping with the presentation format for the Annex required by Regulation (EEC) No 2455/92 and thus unusable for those to whom the Regulation is addressed (no Einecs numbers, no indication of the use category or use limitations): amendments Nos 13 and 14,

- not in keeping with the Council resolution of 8 June 1993 on the quality of drafting of Community legislation (4); hence amendment No 11, which contains a declaration of intent which is moreover, unrelated to the aims of the Regulation, and amendments Nos 5, 6, 7 and 8, which do not correspond to the enacting terms, cannot be adopted,

- of no use, since they refer to substances already listed in the common position (e.g. benzidine, 1,2 dichloroethane, etc.): amendments Nos 13 and 14.

(1) OJ No C 112, 22. 4. 1993, p. 12.

(2) Not yet published in the Official Journal, PE 180.578.

(3) OJ No C 249, 13. 9. 1993, p. 5.

(4) OJ No C 166, 17. 6. 1993, p. 1.