COMVIISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 633 final - COD 456 
Brussels, 1 December 1993 
WB&MBÊtAI 
ffs'l Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
amending for the fourteenth 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 
(presented by the Commission pursuant to Article 189 A (2) 
of the EC-Treaty) 
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EXPLANATORY MEMORANDUM 
Further to the Opinion given by the European Parliament*1^ on 27th 
October 1993 on the proposal for a Council Directive amending for the 
fourteenth time Directive 76/769/EEC^2^ ©n the approximation of the 
laws, regulations and administrative provisions of the Member States 
relating to restrici tons on the marketing and use of certain dangerous 
substances and preparations and in accordance with the second paragraph 
of Article 189a of the Treaty on European Union, the Commission has 
decided to amend the aforementioned proposal. 
The Commission has approved the following amendments: 
delay of entry into force to allow more time to manufacturers and 
especially to retailers to clear stocks of the products affected. 
undertaking by the Commission to publish details of test methods 
before entry into force so as to provide assurance that conformity 
with the provisions of the Directive can be checked. 
On the other hand the Commission has rejected the following amendment: 
replacement of the control measures applying to certain products by 
a requirement to label such products, as labelling would be 
insufficient to protect the health of consumers. 
(1) 
(2) OJ No. C 116 of 27.4.93 p. 18 
Amended proposal for a 
EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 
amending for the fourteenth 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 
(presented by the Commission pursuant to Article 189 A (2) 
of the EC-Treaty) 
Further to the Opinion given by the European Par Iiament*1) on 27th 
October 1993 on the proposal for a Council Directive amending for the 
fourteenth time Directive 76/769/EEC*2) on the approximation of the 
laws, regulations and administative provisions of the Member States 
relating to restrictions on the marketing and use of certain dangerous 
substances and preparations and in accordance with the second paragraph 
of Article 189a of the Treaty on European Union, the Commission has 
decided to amend the aforementioned proposal as follows: 
The text of Article 2 is replaced by the following text: 
"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 adoption and shall fortwith 
inform the Commission thereof. They shall apply these provisions so 
that no manufacturer or importer may place on the market products which 
fail to comply with this Directive six months after the date stated 
above-, Member States shall apply these provisions so that products 
which fail to comply with this Directive cannot be sold or disposed of 
to the final consumer 2 years after the date stated above. 
2. The Commission will publish in the Official Journal of the European 
Communities within one year of the adoption of this Directive the 
details of the test methods to be used in demonstrating conformity with 
the provisions of the Directive. 
3. When Member States adopt the abovementloned 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 the Member States." 
(D 
(2) OJ No. C116 of 27.4.93 p. 18 
ISSN 0254-1475 
COM(93) 633 final 
DOCUMENTS 
EN 05 06 
Catalogue number : CB-CO-93-672-EN-C 
ISBN 92-77-62373-X 
Office for Official Publications of the European Communities 
L-2985 Luxembourg