A4-0020/99

Decision on common position (EC) No 54/98 adopted by the Council with a view to the adoption of a European Parliament and Council Directive concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (8956/98 - C4-0537/98 - 96/0200(COD))(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, 8956/98 - C4-0537/98 - 96/0200(COD) ((OJ C 360, 23.11.1998, p. 1.)),

- having regard to its opinion at first reading ((OJ C 222, 21.7.1997, p. 26. )) on the Commission proposal to Parliament and the Council, COM(96)0347, ((OJ C 283, 26.9.1996, p. 1. ))

- having regard to Article 189b(2) of the EC Treaty,

- having regard to Rule 72 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Protection (A4-0020/99),

1. Amends the common position as follows;

2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;

4. Instructs its President to forward this decision to the Council and the Commission.

(Amendment 1)

Article 20

>Original text>

Amendments required to adapt the Annexes to this Directive to technical progress shall be adopted in accordance with the procedure laid down in Article 29(4)(b) of Directive 67/548/EEC.

>Text following EP vote>

Amendments required to adapt the Annexes to this Directive to technical progress shall be adopted in accordance with the procedure laid down in Article 29(4)

(a) of Directive 67/548/EEC.

>Original text>

>Text following EP vote>

The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.

>Original text>

>Text following EP vote>

The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time-limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

>Original text>

>Text following EP vote>

The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

>Original text>

>Text following EP vote>

If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

>Original text>

>Text following EP vote>

If the Council has not acted within three months of the date of referral, the proposed measures shall be adopted by the Commission.

(Amendment 2)

ANNEX III(C), 4th paragraph

>Original text>

Furthermore, the tests are to be carried out on the three species in conformity with the criteria of Annex VI to Directive 67/548/EEC (algae, daphnia and fish), unless the highest hazard classification relating to acute aquatic toxicity has been assigned to the preparation after testing on one of the species.

>Text following EP vote>

Furthermore, the tests are to be carried out on

all three species in conformity with the criteria of Annex VI to Directive 67/548/EEC (algae, daphnia and fish), unless the highest hazard classification relating to acute aquatic toxicity has been assigned to the preparation after testing on one of the species or a test result was already available before this Directive entered into force.

(Amendment 3)

ANNEX V (B) (9), inscription

>Original text>

'Contains 'name of sensitising substance¨.

May produce an allergic reaction in persons already sensitised.'

>Text following EP vote>

'Contains 'name of sensitising substance¨.

May produce an allergic reaction.'