Commission Directive 2000/21/EC of 25 April 2000 concerning the list of Community legislation referred to in the fifth indent of Article 13(1) of Council Directive 67/548/EEC (Text with EEA relevance)
Date: 2000-04-25
Institutions: European Commission
Subjects: application of EU law, dangerous substance, exchange of information, labelling, marketing, national implementing measure

L 103/70

EN

Official Journal of the European Communities

28.4.2000

COMMISSION DIRECTIVE 2000/21/EC

of 25 April 2000

concerning the list of Community legislation referred to in the fifth indent of Article 13(1) of
Council Directive 67/548/EEC

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 67/548/EEC of 27 June
1967 on the approximation of laws, regulations and adminis-
trative provisions relating to the classification, packaging and
labelling of dangerous substances (1), as last amended by Euro-
pean Parliament and Council Directive 1999/33/EC (2), and in
particular Article 13(1) thereof,

(4)

(5)

Whereas:

Substances exclusively used as active substances of
biocidal products, according to Directive 98/8/EC of the
European Parliament and of the Council of 16 February
1998 concerning the placing of biocidal products on the
market (6), fall under the fifth indent of Article 13(1) of
be
67/548/EEC and
Directive
including for the purpose of research and
exempted,
development,
to confine the authorisation
procedures for such substances solely to the scope of
Directive 98/8/EC.

in order

therefore

should

Directive 93/90/EEC should be repealed.

The provisions of this Directive are in accordance with
the opinion of the Committee on the Adaptation to
Technical Progress of the Directives for the Elimination
of Technical Barriers to Trade in Dangerous Substances
and Preparations,

(1)

(2)

Article 13(1) of Directive 67/548/EEC exempts certain
substances from the provisions of Articles 7, 8, 14 and
15 of the said Directive, which refer to notification.
the fifth indent of Article 13(1)
More specifically,
exempts substances which are for exclusive use in other
product sectors for which Community notification or
approval procedures exist and for which the require-
ments for data submission are equivalent to those laid
down in Directive 67/548/EEC. Therefore, the Commis-
sion is required to establish a list of those pieces of
Community legislation which contain such notification
or approval procedures. The list will be re-examined
periodically and, as necessary, revised.

Council Directive 91/414/EEC of 15 July 1991
concerning the placing of plant protection products on
the market (3), as last amended by Commission Directive
1999/80/EC (4), provides for the inclusion of active
substances into its Annex I as a prerequisite for author-
isation of the said products prior to placing them on the
market. Commission Directive 93/90/EEC of 29 October
1993 concerning the list of substances referred to in
Article 13(1)
fifth indent of Council Directive 67/
548/EEC (5) only covers active substances for inclusion
in Annex I of Directive 91/414/EEC, which concerns the
placing on the market. Active substances to be author-
ised for other purposes, including research and develop-
ment according to Article 22 of Directive 91/414/EEC,
should also be covered in order to confine the author-
isation procedures for such substances solely to the
scope of Directive 91/414/EEC.

(1) OJ 196, 16.8.1967, p. 1.
(2) OJ L 199, 30.7.1999, p. 57.
(3) OJ L 230, 19.8.1991, p. 1.
(4) OJ L 210, 10.8.1999, p. 13.
(5) OJ L 277, 10.11.1993, p. 33.

HAS ADOPTED THIS DIRECTIVE:

Article 1

The list of Community legislation concerning product sectors
for which Community notification or approval procedures
exist, and for which the requirements for data submission for
the categories of substances identified in the list are equivalent
to those laid down in Directive 67/548/EEC, is contained in the
Annex to this Directive.

Article 2

Directive 93/90/EEC is hereby repealed.

Article 3

1. Member States shall adopt and publish the provisions
necessary to comply with this Directive by 1 April 2001 and
shall

immediately inform the Commission thereof.

2. When Member States adopt these provisions, they shall
contain a reference to this Directive or be accompanied by
such a reference on the occasion of their official publication.
Member States shall determine how such reference is to be
made.

(6) OJ L 123, 24.4.1998, p. 1.

28.4.2000

EN

Official Journal of the European Communities

L 103/71

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 25 April 2000.

For the Commission

Margot WALLSTRÖM

Member of the Commission

ANNEX

Community legislation concerning product sectors for which Community notification or approval procedures
exist and for which the requirements for data submission for the categories of substances identified are
equivalent to those laid down in Articles 7, 8, 14 and 15 of Directive 67/548/EEC

1. Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market.

2. Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of

biocidal products on the market.

For substances for exclusive use as active substances of plant protection products and/or biocidal products.