Judgment of the Court

of 14 July 2000

in Case E-2/00 (request for an Advisory Opinion from Oslo byrett (Oslo City Court)): Allied Colloids and Others v. The Government of Norway, represented by the Ministry of Local Government and Regional Development

Free movement of goods - directives on dangerous substances and preparations - joint statements of the EEA Joint Committee

(Pursuant to Article 27(5) of the Rules of Procedure only the English and Norwegian texts are authentic)

(2000/C 368/18)

In Case E-2/00: request to the Court pursuant to Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Oslo byrett (Oslo City Court), for an Advisory Opinion in the case pending before it between Allied Colloids and Others and The Government of Norway, represented by the Ministry of Local Government and Regional Development, on the interpretation of the Agreement on the European Economic Area, with particular reference to the following acts: the Act referred to in point 1 of Annex II, Chapter XV (Council Directive 67/548/EEC of 27 June 1967, on the approximation of laws, regulations and administrative provisions to the classification, packaging and labelling of dangerous substances, as amended), the Act referred to in point 10 of Annex II, Chapter XV (Council Directive 88/379/EEC of 7 June 1988, on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations, as amended), Joint Statement by the EEA Joint Committee adopted on 22 June 1995, concerning the EEA Agreement - Annex II, Chapter XV - regarding the review clauses in the field of dangerous substances(1), in particular Annex II to that Joint Statement, setting up certain derogations concerning Norway; Joint Statement by the EEA Joint Committee adopted on 26 March 1999, concerning the EEA Agreement - Annex II, Chapter XV - regarding the review clauses in the field of dangerous substances(2), in particular the Annex to that Joint Statement, setting up certain derogations concerning Norway; the Court, composed of Thór Vilhjálmsson (Judge-Rapporteur), President, Carl Baudenbacher and Per Tresselt, Judges; and Gunnar Selvik, Registrar, gave an Advisory Opinion on 14 July 2000, the operative part of which is as follows:

Annex II to the Joint Statement adopted at the meeting of the EEA Joint Committee on 22 June 1995 concerning the EEA Agreement - Annex II, Chapter XV - regarding the review clauses in the field of dangerous substances, must be interpreted as not giving Norway the power to require polyacrylamide to be labelled as carcinogenic if it contains acrylamide as a residual substance in a concentration of less than 0,1 % by total volume.

The Annex to the Joint Statement adopted at the meeting of the EEA Joint Committee on 26 March 1999 concerning the EEA Agreement - Annex II, Chapter XV - regarding the review clauses in the field of dangerous substances, must be interpreted as giving Norway the power to require polyacrylamide to be labelled as carcinogenic if it contains acrylamide as a residual substance in a concentration of equal to or greater than 0,01 % by total volume.

(1) OJ C 6, 11.1.1996, p. 7.

(2) OJ C 185, 1.7.1999, p. 6.