Amended proposal for a European Parliament and Council Directive amending for the 16th 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
Date: 1995-10-27
Institutions: European Commission
Subjects: approximation of laws, dangerous substance, industrial pollution, marketing restriction, metallurgical industry, non-ferrous metal

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

A  iV  *f 

A  ft  A 

Brussels,  27.10 1995 
COM(95) 531 final 

94/0287  (COD) 

Amended  proposal  for  a 

EUROPEAN PARLIAMENT  ANP  COUNCIL PIREÇTIVE 

amending  for the sixteenth  time Directive 76/769/KKC 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) 

EXPLANATORY  MEMORANDUM 

further  to the opinion  given  by  the  European  Parliament1  on  20th  September  1995 on  the 
proposal  for  a  Council  Directive  amending  for  the  sixteenth  time  Directive  76/769/EEC2 
on  the  approximation  of  the  laws,  regulations  and  administrative  provisions  of  the 
Member  Stales  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 
the 
aforementioned  proposal. 

the  Commission  has  decided 

frcaty  on  European  Union, 

to  amend 

I he Commission  has approved  the  following  amendments: 

that  entry  into  force  should  correspond  to  entry  into  force  of  the  later  PARCOM 
Decision  (No  93/1) 

that  an  exemption  to  the  proposed  ban,  subject  to  review,  should  also  be  given  to 
aluminium  foundries  using small  quantities of hcxachloroethane 

The Commission  has not  rejected  any  amendments. 

i 
2<>JC  382  31.12.94  p.  35 

I 

Amended  proposal  l'or a 

EUROPEAN  PARLIAMENT  A ND COUNCIL  DIRECTIVE 

amending  for  the  sixteenth  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 f  ommission pursuant  to Article  IX*> a (2) of the EC- Treaty) 

further  to  the  opinion  given  by  the  Euopean  Parliament1  on  20th  September  1995 on  the 
proposal  for  a Council  Directive  amending  for  the  sixteenth  lime  Directive  76/769/EEC2 
on  the  approximation  of  the  laws,  regulations  and  administrative  provisions  of  the 
Member  Stales  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 
the 
aforementioned  proposal  as  follows: 

the  Commission  has  decided 

frcaty  on  European  Union, 

to  amend 

1.  The  texl of the  iirst  paragraph  of Article  2 is replaced  by  the  following  text: 

"Member  States  shall  bring  into  force  and  publish 
the  laws,  regulations  and 
administrative  provisions  necessary  to  comply  with  this  Directive  by  30  June  1997. 
They  shall  immediately  inform  the  Commission  thereof.  They  shall  apply  the 
provisions  from  1  January  1998." 

2.  The texl of the  right  hand  column  of the Annex  is replaced  by the following  text: 

"May  not  be  used  in the manufacturing  or  processing of  non-ferrous  metals. 

By  way  of  derogation,  Member  States  may  allow  on  their  territories  the  use  of 
hexachloroelhane (I ICE): 

in  non-integrated  foundries  casting  aluminium  consuming  no  more  than  1,5 
kilogramme  per  day  I ICE. 
In  view  of  the  development  in  knowledge  and 
techniques  in  the  field  of  substitutional  products  the  Commission  will  carry  out  in 
agreement  with  the  Member  States  a  review  of  this  exceptional  rule  before  31 
December  19%; 

for  grain  refining  in  the  production  of  the  magnesium  alloys  AZ  81, AZ  91  and 
AZ  92.  In  view  of  the  development  in  knowledge  and  techniques  in  the  field  of 
substitutional  products  the  Commission  will  carry  out  in  agreement  with  the 
Member  States a review  in  1996 of this exceptional  rule." 

i 
?-()JC  382  31.12.94  p.3 5 

<i 

ISSN 0254-1475 

COM(95) 531  final 

DOCUMENTS 

EN 

06  10  14 

Cataloguenumber  : CB-CO-95-572-EN-C 

ISBN 92-77-95429-9 

Office for Official Publications of the European Communities 

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