European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council relating to restrictions on the marketing and use of toluene and trichlorobenzene (twenty-eighth amendment of Council Directive 76/769/EEC) (COM(2004)0320 - C6-0030/2004 - 2004/0111(COD))
Date: 2005-04-13
Institutions: European Parliament
Subjects: dangerous substance, health risk, market approval, toxic substance

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Official Journal of the European Union

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9.2.2006

Wednesday 13 April 2005

P6_TA(2005)0125

Marketing and use of toluene and trichlorobenzene ***I

European Parliament legislative resolution on the proposal for a directive of the European Parlia-
ment and of the Council relating to restrictions on the marketing and use of toluene and trich-
lorobenzene (twenty-eighth amendment of Council Directive 76/769/EEC) (COM(2004)0320 —
C6-0030/2004 — 2004/0111(COD))

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal to the European Parliament and the Council (COM(2004)

0320) (1),

— having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission

submitted the proposal to Parliament (C6-0030/2004),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on the Environment, Public Health and Food Safety

(A6-0005/2005),

1.

Approves the Commission proposal as amended;

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal

2.
substantially or replace it with another text;

3.

Instructs its President to forward its position to the Council and Commission.

(1) Not yet published in OJ.

P6_TC1-COD(2004)0111

Position of the European Parliament adopted at first reading on 13 April 2005 with a view to the
adoption of Directive 2005/…/EC of the European Parliament and of the Council relating to restric-
tions on the marketing and use of toluene and trichlorobenzene (twenty-eighth amendment of
Council Directive 76/769/EEC)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1) The risks posed to health and the environment by toluene and trichlorobenzene (TCB) have been
assessed under Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control
of the risks of existing substances (3). The risk assessment identified a need to reduce those risks, and
the Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE) confirmed that conclu-
sion.

(1) OJ C …
(2) Position of the European Parliament of 13 April 2005.
(3) OJ L 84, 5.4.1993, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and

of the Council (OJ L 284, 31.10.2003, p. 1).

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(2) Commission Recommendation 2004/394/EC of 29 April 2004 on the results of the risk evaluation and the
risk reduction strategies for
the substances: Acetonitrile; Acrylamide; Acrylonitrile; Acrylic acid; Butadiene;
Hydrogen fluoride; Hydrogen peroxide; Methacrylic acid; Methyl methacrylate; Toluene; Trichlorobenzene (1),
adopted within the framework of Regulation (EEC) No 793/93, proposed a risk reduction strategy for
toluene and TCB, recommending restrictions to limit the risks from certain uses of these chemicals.

(3)

In order to protect health and the environment, it therefore appears necessary that the placing on the
market and the use of toluene and TCB should be restricted.

(4) Council Directive 76/769/EEC of 27 July 1976 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 (2) should be amended accordingly.

(5) The objective of this Directive is to introduce harmonised provisions with regard to toluene and TCB,
thus preserving the internal market whilst ensuring a high level of protection of human health and the
environment, as required by Article 95 of the Treaty.

(6) This Directive does not affect the Community legislation laying down minimum requirements for the
protection of workers, such as Council Directive 89/391/EEC of 12 June 1989 on the introduction of
measures to encourage improvements in the safety and health of workers at work (3), and individual
directives based thereon, in particular Directive 2004/37/EC of the European Parliament and of the Council of
29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or
mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive
89/391/EEC) (4) and Council Directive 98/24/EC of 7 April 1998 on the protection of the health and
safety of workers from the risks related to chemical agents at work (fourteenth individual Directive
within the meaning of Article 16(1) of Directive 89/391/EEC) (5),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 76/769/EEC is amended as set out in the Annex to this Directive.

Article 2

1. Member States shall adopt and publish, by … (*), the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of
those measures and a correlation table between them and this Directive.

They shall apply those measures from … (**).

When Member States adopt those measures, they shall contain a reference to this Directive or be accom-
panied by such a reference on the occasion of their official publication. The method of making such reference
shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main provisions of national law
which they adopt in the field covered by this Directive.

(1) OJ L 144, 30.4.2004, p. 75. Corrigendum: OJ L 199, 7.6.2004, p. 41.
(2) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 2004/98/EC (OJ L 305, 1.10.2004,

p. 63).

(3) OJ L 183, 29.6.1989, p. 1. Directive as amended by Regulation (EC) No 1882/2003.
(4) OJ L 158, 30.4.2004, p. 50. Corrigendum: OJ L 229, 29.6.2004, p. 23.
(5) OJ L 131, 5.5.1998, p. 11.
(*) 12 months after the date of entry into force of this Directive.
(**) 18 months after the date of entry into force of this Directive.

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Article 3

This Directive shall enter into force on the twentieth day following that of its publication in the Official
Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at …, on …

For the European Parliament
The President

For the Council
The President

The following points [XX] to [XX] are added to Annex I of Directive 76/769/EEC:

ANNEX

[XX].
Toluene
CAS No 108-88-3

[XX].
Trichlorobenzene
CAS No 120-82-1

May not be placed on the market or used as a substance or constituent of preparations in a
concentration equal to or higher than 0,1 % by mass in adhesives and spray paints intended
for sale to the general public.

May not be placed on the market or used as a substance or constituent of preparations in a
concentration equal to or higher than 0,1 % by mass for all uses except
— as an intermediate of synthesis, or
— as a process solvent in closed chemical applications for chlorination reactions, or

— in the manufacture of 1,3,5 - trinitro - 2,4,6 - triaminobenzene (TATB).

P6_TA(2005)0126

Commission's annual policy strategy for 2006

European Parliament resolution on the 2006 budget: the Commission's Annual Policy Strategy
report (APS) (2004/2270(BUD))

The European Parliament,

— having regard to the communication from the Commission to the European Parliament and the Council

— Annual Policy Strategy for 2006 (COM(2005)0073),

— having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the
Council and the Commission on budgetary discipline and improvement of the budgetary procedure (1),

— having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

— having regard to Rule 112(1) of its Rules of Procedure,

— having regard to the report of the Committee on Budgets and the opinions of the other committees

asked for an opinion (A6-0071/2005),

(1) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC (OJ L 147, 14.6.2003, p. 25).