Proposal for a European Parliament and Council Directive amending for the 16th 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 (94/C 382/07) COM(94) 570 final - 94/0287(COD)

(Submitted by the Commission on 15 December 1994)

THE EUROPEAN PARLIAMENT AND 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,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure referred to in Article 189b of the Treaty,

Whereas Article 7a of the Treaty establishes an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;

Whereas all Member States, with the exception of Greece, Italy and Luxembourg, are contracting Parties to the Convention for the Prevention of Marine Pollution against Pollution from Land-Based Sources (1974 Paris Convention); whereas the Paris Commission, the executive body of the Paris Convention, considers hexachloroethane and the substances that can be formed as a result of its application as substances of which pollution should be eliminated, according to Article 4.1a of the Paris Convention; whereas at the Ministerial Meeting of the Oslo and Paris Commissions on 22 September 1992 the Community supported ad referendum Parcom Decision 92/4 on the phasing out of the use of hexachloroethane in the secondary aluminium industry and in the primary aluminium industry with integrated foundries; whereas at the fifteenth meeting of the Oslo and Paris Commissions on 14 to 19 June 1993 the Community supported with a reserve Parcom Decision 93/1 on the phasing out of hexachloroethane in the non-ferrous metal industry;

Whereas the Paris Commission has prepared proposals for decisions at the request of all Ministers responsible for the protection of the North Sea environment and the rivers entering the North Sea and of the Member of the European Commission responsible for environmental protection when participating in the Third International Conference on the Protection of the North Sea in The Hague on 7 and 8 March 1990;

Whereas the limitations required of Member States on the placing on the market of hexachloroethane for use in the non-ferrous metals industries directly affect the completion and functioning of the internal market; whereas it is therefore necessary to approximate the laws of the Member States in this field and consequently amend Annex I to Council Directive 76/769/EEC (1), as last amended by Directive 94/. . ./EC;

Whereas, according to the scope and effects of the proposed action, the Community measures envisaged by this Directive are not only necessary but also indispensable for the attainment of the stated objectives and that these objectives cannot be achieved by Member States individually, and that furthermore their attainment at Community level is already provided for by Directive 76/769/EEC,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 76/769/EEC is amended as set out in the Annex hereto.

Article 2

Member States shall bring into force and publish the laws, regulations and administrative provisions necessary to comply with this Directive by . . .. They shall immediately inform the Commission thereof. They shall apply these provisions from . . ..

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

Article 3

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

Article 4

This Directive is addressed to the Member States.

(1) OJ No L 262, 27. 9. 1976, p. 201.

ANNEX

The following item is added to Annex I to Directive 76/769/EEC:

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