European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Council Directive 67/548/EEC in order to adapt it to Regulation (EC) of the European Parliament and of the Council concerning the registration, evaluation, authorisation and restriction of chemicals (COM(2003)0644 - C5-0531/2003 - 2003/0257(COD))
Date: 2005-11-17
Institutions: Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: Community certification, European Chemicals Agency, chemical industry, environmental risk prevention, marketing, scientific report

C 280 E/440

Official Journal of the European Union

EN

18.11.2006

Thursday 17 November 2005

P6_TA(2005)0435

Adaptation to REACH ***I

European Parliament legislative resolution on the proposal for a directive of the European Parlia-
ment and of the Council amending Council Directive 67/548/EEC in order to adapt it to Regulation
(EC) of the European Parliament and of the Council concerning the registration, evaluation, auth-
orisation and restriction of chemicals (COM(2003)0644 — C5-0531/2003 — 2003/0257(COD))

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal to the European Parliament and the Council (COM(2003)

0644) (1),

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

submitted the proposal to Parliament (C5-0531/2003),

— 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 and

the opinion of the Committee on Legal Affairs (A6-0285/2005),

1.

Approves the Commission proposal as amended;

Calls on the Commission to refer the matter to Parliament again if it intends to amend the 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(2003)0257

Position of the European Parliament adopted at first reading on 17 November 2005 with a view to
the adoption of Directive 2006/…/EC of the European Parliament and of the Council amending
Council Directive 67/548/EEC in order to adapt it to Regulation (EC) No …/… of the European
Parliament and of the Council concerning the registration, evaluation, authorisation and restriction
of chemicals

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),

(1) OJ C 112, 30.4.2004, p. 92.

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Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),

Whereas:

(1)

In view of the adoption of Regulation (EC) No …/… of the European Parliament and of the Council of
… [concerning the registration, evaluation, authorisation and restriction of chemicals] (2), Council Direc-
tive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provi-
sions relating to the classification, packaging and labelling of dangerous substances (3) should be adapted
and its rules on the notification and risk assessment of chemicals should be deleted,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 67/548/EEC is amended as follows:

(1)

In Article 1, paragraph 1 is replaced by the following:

‘1.
The purpose of this Directive is to approximate the laws, regulations and administrative provi-
sions of the Member States on the classification, packaging and labelling of substances dangerous to
man and the environment, and of articles containing such substances, where such substances or
articles are placed on the market in the Member States.’

(2)

In Article 2, paragraph 1, points (c), (d), (f) and (g) are deleted;

(3)

Article 3 is replaced by the following:

‘Article 3

Testing and assessment of the properties of substances

Tests on substances carried out within the framework of this Directive shall be conducted according to
the requirements of Article 12 of Regulation (EC) No …/… of the European Parliament and of the
Council of … concerning the registration, evaluation, authorisation and restriction of chemicals (*).
_____
(*) OJ L …’

(4)

Article 5 is amended as follows:

(a)

in paragraph 1, the first subparagraph is replaced by the following:

‘Member States shall take all the necessary measures to ensure that substances cannot be placed on the
market on their own or in preparations unless they have been packaged and labelled in accordance with
Articles 22 to 25 and with the criteria in Annex VI, and, for registered substances, in accordance with
the information obtained through the application of Articles 11 and 12 of Regulation (EC) No …/…
[concerning the registration, evaluation, authorisation and restriction of chemicals], save in the case of pre-
parations where provisions exist in other Directives.’

(b)

in paragraph 2, the words ‘in the second indent of paragraph 1’ are replaced by the words ‘in the first
subparagraph of paragraph 1’;

(5)

Articles 7 to 20 are deleted;

(1) Position of the European Parliament of 17 November 2005.
(2) OJ L …
(3) OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1).

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Thursday 17 November 2005

(6)

Article 23 is amended as follows:

(a) in paragraph 2, the following point (g) is added:

‘(g) the registration number, when available.’

(b) the following paragraph 5 is added:

‘5.
In the case of articles containing substances authorised under Article 57 of Regulation (EC)
No …/… [concerning the registration, evaluation, authorisation and restriction of chemicals], the
label shall include a warning symbol. That symbol shall be defined by the Commission by … (*) in
accordance with the procedure referred to in Article 29, and shall be included in the list contained in
Annex II.
_____
(*) Two years after the date of entry into force of this Directive.’

(7)

Article 27 is deleted;

(8)

Article 30 is replaced by the following:

‘Article 30

Free movement clause

Member States may not prohibit, restrict or impede the placing on the market of substances which
comply with the requirements of this Directive, on grounds relating to classification, packaging or
labelling within the meaning of this Directive.’

(9)

Article 32 is deleted;

(10)

Annex V is deleted;

(11)

Annex VI is amended as follows:

(a)

(b)

(c)

(d)

(e)

in points 1.6, 1.6.2, 1.7.2, 1.7.3, 2.1, 2.2.1, 2.2.2, 2.2.2.1, 2.2.3, 2.2.4, 2.2.5, 3.1.1, 3.1.5.1, 3.1.5.2, 3.2.1,
3.2.2, 3.2.3, 3.2.5, 3.2.6.1, 3.2.6.2, 3.2.7.2, 3.2.8, 4.2.3.3, 5.1, 5.1.3, 9.1.1.1, 9.1.1.2, 9.3, 9.5 of
Annex VI, the words ‘Annex V’, are replaced by ‘Annex X of Regulation (EC) No …/… [concerning the
registration, evaluation, authorisation and restriction of chemicals]’;

in section 1.6 (a), the words ‘Annex VII’ are replaced by ‘Annexes IV, V and VI of Regulation (EC)
No …/… [concerning the registration, evaluation, authorisation and restriction of chemicals]’ and the words
‘Annex VIII’ are replaced by ‘Annexes VII and VIII of Regulation (EC) No …/… [concerning the regis-
tration, evaluation, authorisation and restriction of chemicals]’;

in section 5.1, the words ‘Annex VII’ are replaced by ‘Annexes V and VI of Regulation (EC) No …/…
[concerning the registration, evaluation, authorisation and restriction of chemicals]’ and the words ‘Level 1
(Annex VIII)’ are replaced by ‘Annex VII or VIII of Regulation (EC) No …/… [concerning the registration,
evaluation, authorisation and restriction of chemicals]’;

in section 5.2.1.2, the words ‘Level 1 (Annex VIII)’ are replaced by ‘Annex VII of Regulation (EC) No …/
… [concerning the registration, evaluation, authorisation and restriction of chemicals]’;

all other references to Annexes VIIA, VIIB, VIIC, VIID and VIII shall be construed as references to the
corresponding Annexes IV, V, VI, VII, VIII and IX of Regulation (EC) No …/… [concerning the registration,
evaluation, authorisation and restriction of chemicals];

(12)

Annexes VIIA, VIIB, VIIC, VIID and VIII are deleted.

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Article 2

Thursday 17 November 2005

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to
comply with this Directive by … (*). They shall forthwith inform the Commission thereof.

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 methods of making such reference
shall be laid down by Member States.

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

This Directive shall enter into force on the 20th day following that of its publication in the Official Journal
of the European Union.

Article 3

It shall apply from … (**).

This Directive is addressed to the Member States.

Done at …, on …

For the European Parliament
The President

For the Council
The President

(*) 60 days after the entry into force of Regulation (EC) No …/… [concerning the registration, evaluation, authorisation and

restriction of chemicals].

(**) 18 months after the date of entry into force of this Directive.

P6_TA(2005)0436

Arms exports

European Parliament resolution on the Council's Sixth Annual Report according to Operative
Provision 8 of the European Union Code of Conduct on Arms Exports (2005/2013(INI))

The European Parliament,

— having regard to the Council's Sixth Annual Report adopted on 11 November 2004 (1),

— having regard to the updated User's Guide to the European Union Code of Conduct on Arms Exports,
as agreed by the Council Working Party on Conventional Arms Exports (COARM) on 23 December
2004 (2),

— having regard to Council Common Position 2003/468/CFSP of 23 June 2003 on the control of arms

brokering (3),

(1) OJ C 316, 21.12.2004, p. 1.
(2) Council document 16133/1/04, 23.12.2004, p. 1.
(3) OJ L 156, 25.6.2003, p. 79.