Amended proposal for a European Parliament and Council Directive amending for the 13th 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 (94/C 157/06) (Text with EEA relevance) COM(94) 95 final - COD 414

(Submitted by the Commission pursuant to Article 189A (2) of the EC Treaty on 29 March 1994)

Further to the opinion given by the European Parliament on 19 January 1994 on the proposal for a Council Directive amending for the 13th time Directive 76/769/EEC (1) 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 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:

1. The following text is added to the preamble between the sixth and seventh whereas paragraphs:

'Whereas for reasons of openness and clarity, such substances should be referred to using a recognized nomenclature, preferably of the TUPAC (International Union of Pure and Applied Chemistry): whereas, for any revision or updating of Annex I of Directive 67/548/EEC containing new substances meeting the same classification criteria, the Commission shall, within six months of publication in the Official Journal of the European Communities, submit to the Council and Parliament proposals on these substances under the procedure laid down in Article 189b of the Treaty on European Union;

Whereas Annex I of Directive 67/548/EEC "List of Dangerous Substances" is regularly updated by way of adaptation to technical progress; whereas the Commission will submit, no later than six months after publication of such adaptation to technical progress in the Official Journal of the European Communities, a proposal for a Directive governing the substances newly classified as carcinogenic in Category 1 and 2, mutagenic in Category 1 and 2, and toxic for reproductive purposes in Category 1 and 2, so as to update this Directive.`

2. Article 2 paragraph 2 is deleted.

3. In point 29 of the Annex the following text is added to the left hand column:

'Carcinogens, Category 1

see List 1 attached

Carcinogens, Category 2

see List 2 attached`.

4. In paragraph 29 of the Annex, right hand column, second paragraph the phrase 'Restricted to professional users` is replaced by the following phrase:

'Restricted to professional users, Attention - observe the special employment protection rules governing CMT substances`.

5. In paragraph 29 of the Annex, right hand column, point (c) is replaced by the following text:

'c) - motor fuels which are covered by Directive 85/210/EEC,

- mineral oil products intended for use as fuel in mobile or fixed combustion plants,

- fuels sold in closed systems (e.g. liquid gas bottles).`

6. In paragraph 29 of the Annex, right hand column, point (d) is deleted.

7. In paragraph 29 of the Annex, right hand column, the following point is added after point (e):

'( ) Artists' paints covered by Directive 88/379/EEC`.

8. In paragraph 30 of the Annex, left hand column, the following text is added:

'Mutagens, Category 1

See List 3 attached

Mutagens, Category 2

See List 4 attached`.

9. In paragraph 30 of the Annex, right hand column, second paragraph, the phrase 'Restricted to professional users` is replaced by the following phrase:

'Restricted to professional users. Attention - observe the special employment protection rules governing CMT substances.`

10. In paragraph 30 of the Annex, right hand column, point (c) is replaced by the following:

'(c) - motor fuels which are covered by Directive 85/210/EEC,

- mineral oil products intended for use as fuel in mobile or fixed combustion plants,

- fuels sold in closed systems (e.g. liquid gas bottles).`

11. In paragraph 30 of the Annex, right hand column, point (d) is deleted.

12. In paragraph 30 of the Annex, right hand column the following point is added after point (e):

'( ) Artists' paints covered by Directive 88/379/EEC`.

13. In paragraph 31 of the Annex, the text in the left hand column is replaced by the following text:

'Substances which appear in Annex I to Directive 67/548/EEC classified as toxic for reproduction category 1 or toxic for reproduction category 2 and labelled with risk phrase R47: "May cause birth defects"

Toxic for Reproduction, Category 1

See List 5 attached

Toxic for Reproduction, Category 2

See List 6 attached`.

14. In paragraph 31 of the Annex, right hand column, second paragraph, the phrase 'Restricted to professional users` is replaced by the following phrase:

'Restricted to professional users, Attention - observe the special employment protection rules governing CMT substances.`

15. In paragraph 31 of the Annex, right hand column, point (c) is replaced by the following:

'(c) - motor fuels which are covered by Directive 85/210/EEC,

- mineral oil products intended for use as fuel in mobile or fixed combustion plants,

- fuels sold in closed systems (e.g. liquid gas bottles).`

16. In paragraph 31 of the Annex, right hand column, point (d) is deleted.

17. In paragraph 31 of the Annex, right hand column, the following point is added after point (e):

'( ) Artists' paints covered by Directive 88/379/EEC`.

18. In combined paragraphs 33, 34, 35, 36, 37, 38 and 39 of the Annex, left hand column, the following text is added:

'(40) 1,1,1 Trichloroethane

CAS No 71-55-6`.

19. In combined paragraphs 33, 34, 35, 36, 37, 38 and 39 of the Annex, right hand column, point (c) is deleted.

20. Point 40 of the Annex is deleted.

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LIST 3

(Mutagens, category 1)

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(1) OJ No C 157, 24. 6. 1992 p. 6.