Directive 98/97/EC of the European Parliament and of the Council of 22 December 1998 amending Directive 76/116/EEC on the approximation of the laws of the Member States relating to fertilisers, as regards the marketing in Austria, Finland and in Sweden of fertilisers containing cadmium
Date: 1998-12-22
Institutions: Council of the European Union, European Parliament
Subjects: Austria, Finland, Sweden, approximation of laws, cadmium, fertiliser

L 18/60

EN

Official Journal of the European Communities

23. 1. 1999

DIRECTIVE 98/97/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL

of 22 December 1998

amending Directive 76/116/EEC on the approximation of the laws of the Member
States relating to fertilisers, as regards the marketing in Austria, Finland and in
Sweden of fertilisers containing cadmium

THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,

existing substances (5) has been launched; whereas the
results will become available only after several years;

Having regard to the Treaty establishing the European
Community, and in particular Article 100a thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Whereas, apart from the obligation to review laid down in
the 1994 Act of Accession, a review of Community legis-
lation in force can always be decided according to
Community procedures; whereas Community legislation
may provide for derogations for
limited periods for
certain Member States because of the specificity of their
situations,

Acting in accordance with the procedure laid down in
Article 189b of the Treaty (3),

HAVE ADOPTED THIS DIRECTIVE:

Whereas Article 69 and point 4 of Annex VIII, Article 84
and point 2 of Annex X and Article 112 and point 4 of
Annex XII of the 1994 Act of Accession, concerning
respectively Austria, Finland and Sweden, provide that
Article 7 of Directive 76/116/EEC (4),
in so far as it
concerns the cadmium content of fertilisers, shall not
apply to those Member States before 1 January 1999 and
that the said provisions of the Act of Accession will be
reviewed in accordance with Community 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 to
health and the environment of cadmium in fertilisers;
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 fertilisers in particular
to the health of vulnerable population groups and to the
environment; whereas this can only be accomplished after
several years;

Whereas a risk assessment of cadmium within the frame-
work of Council Regulation (EEC) No 793/93 of 23
March 1993 on the evaluation and control of the risks of

(1) OJ C 108, 7. 4. 1998, p. 83.
(2) OJ C 214, 10. 7. 1998, p. 15.
(3) Opinion of the European Parliament of 16 July 1998 (OJ C
292, 21. 9. 1998, p. 117), Council Common Position of 13
October 1998 (OJ C 388, 14. 12. 1998, p. 1) and Decision of
the European Parliament of 3 December 1998 (not yet
published in the Official Journal). Council Decision of 14
December 1998.

(4) OJ L 24, 30. 1. 1976, p. 21. Directive as last amended by
Council Directive 97/63/EC (OJ L 335, 6. 12. 1997, p. 15).

Article 1

In Article 7 of Directive 76/116/EEC, the following two
paragraphs shall be added:

on their

‘However, Austria, Finland and Sweden may prohibit
the marketing
fertilisers
containing cadmium at concentrations in excess of
those which were fixed nationally at the date of acces-
sion. The derogation shall apply for the period from 1
January 1999 until 31 December 2001.

territory

of

The Commission shall, in consultation with Member
States and interested parties, review by 31 December
2001
at
Community level concerning the cadmium content of
fertilisers'.

establishing provisions

the need for

Article 2

The Republic of Austria, the Republic of Finland and the
Kingdom of Sweden shall adopt and publish the provi-
sions necessary to comply with this Directive by 31
December 1998 at the latest.

When the Member States referred to in the first paragraph
adopt these measures, they shall contain a reference to
this Directive or shall be accompanied by such reference
on the occasion of their official publication. The methods
of making such reference shall be laid down by the
Member States.

(5) OJ L 84, 5. 4. 1993, p. 1.

23. 1. 1999

EN

Official Journal of the European Communities

L 18/61

This Directive is addressed to the Republic of Austria, the Republic of Finland and the
Kingdom of Sweden.

Article 3

Done at Brussels, 22 December 1998.

For the European Parliament

The President

J. M. GIL-ROBLES

For the Council

The President

C. EINEM