Proposal for a European Parliament and Council Directive amending Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilizers, as regards the marketing in Austria, Finland and in Sweden of fertilizers containing cadmium (1) (98/C 108/13) (Text with EEA relevance) COM(98) 44 final - 98/0026 (COD)

(submitted by the Commission on 11 February 1998)

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,

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

Acting in accordance with the procedure laid down in Article 189b of the Treaty,

Whereas Article 69 and Annex VIII to the Act of Accession to the EU of Austria provide that Article 7 of Council Directive 76/116/EEC (2), in so far as it concerns the cadmium content of fertilizers, shall not apply to Austria before 1 January 1999 and that these provisions be reviewed in accordance with EC procedures before 31 December 1998;

Whereas Article 84 and Annex X to the Act of Accession to the EU of Finland, provide that Article 7 of Directive 76/116/EEC, in so far as it concerns the cadmium content of fertilizers, shall not apply to Finland before 1 January 1999 and that these provisions be reviewed in accordance with EC procedures before 31 December 1998;

Whereas Article 112 and Annex XII to the Act of Accession to the EU of Sweden provide that Article 7 of Directive 76/116/EEC, in so far as it concerns the cadmium content of fertilizers, shall not apply to Sweden before 1 January 1999 and that these provisions be reviewed in accordance with EC procedures before 31 December 1998;

Whereas the said review cannot be completed by 31 December 1998 because of the absence in many Member States of the exposure data needed to evaluate the risks of cadmium in fertilizers to health and the environment and whereas the review needs to be continued by performing further work after this date;

Whereas the further work should evaluate the risks in Member States from cadmium in fertilizers to health, including to the health of vulnerable population groups, and to the environment and whereas this can only be accomplished after several years;

Whereas a risk assessment of cadmium in the framework of Council Regulation (EC) No 739/93/EC (3) has been launched and whereas the results will become available only after several years;

Whereas, apart from the obligation to review provided for by the Acts of Accession of Austria, of Finland and of Sweden, review of Community legislation in force can always be decided according to Community procedures, and whereas Community legislation can provide for derogations for limited periods for certain Member States because of the specificity of their situations,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

The following paragraphs are added to Article 7 of Directive 76/116/EEC

'However, Austria, Finland and Sweden may prohibit the marketing on their territories of fertilizers containing cadmium at concentrations in excess of those which were fixed nationally at the date of Accession. The derogation shall apply for the period from 1 January 1999 until 31 December 2001.

The Commission shall, in consultation with Member States and interested parties, review by 31 December 2001 the need for establishing provisions at European level concerning the cadmium content of fertilizers.`

Article 2

Austria, Finland and Sweden shall adopt and publish the provisions necessary to comply with this Directive by 31 December 1998 at the latest.

Article 3

This Directive is addressed to Austria, Finland and Sweden.

(1) OJ L 24, 30.1.1976, p. 21, as last amended by Council Directive 97/63/EC (OJ L 335, 6.12.1997, p. 15).

(2) OJ L 84, 5.4.1993, p. 1.