Opinion of the Commission pursuant to Article 251 (2) third sub-paragraph, point (c) of the EC Treaty, on the European Parliament’s amendments to the Council’s Common Position regarding the proposals for a Regulation of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restrictions of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC of the European Parliament and the Council and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2006-12-15
Institutions: European Commission
Subjects: Community certification, EU office or agency, chemical industry, chemical product, classification, environmental risk prevention, marketing, scientific report

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.12.2006 
COM(2006) 842 final 

2003/0256 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2) third sub-paragraph, point (c) of the EC Treaty, on the 
European Parliament’s amendments to the Council’s Common Position regarding the 
proposals for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning the Registration, Evaluation, Authorisation and Restrictions of Chemicals 
(REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC 
of the European Parliament and the Council and repealing Council Regulation (EEC) 
No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 
76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 
2000/21/EC 

AMENDING THE PROPOSAL OF THE COMMISSION  
pursuant to Article 250 (2) of the EC Treaty 

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   EN 

 
 
 
  
 
 
2003/0256 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2) third sub-paragraph, point (c) of the EC Treaty, on the 
European Parliament’s amendments to the Council’s Common Position regarding the 
proposals for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

concerning the Registration, Evaluation, Authorisation and Restrictions of Chemicals 
(REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC 
of the European Parliament and the Council and repealing Council Regulation (EEC) 
No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 
76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 
2000/21/EC 

1. 

BACKGROUND 

PROCEDURE 

The  proposal  COM(2003)  644(01)  final  and  COM(2003)  644(02)  final1  were 
transmitted  to  the  European  Parliament  and  the  Council  on  3  November  2003  in 
accordance with the co-decision procedure pursuant to Article 95 of the EC Treaty. 

The European Economic and Social Committee gave its opinion on 1 April 20042. 

The Committee of Regions gave an opinion on 24 February 20053. 

The European Parliament gave its opinion at the first reading on 17 November 2005. 

Following the opinion of the European Parliament and pursuant to Article 251(2) of 
the  EC  Treaty,  the  Council  adopted  a  Common  Position  on  27  June  2006.  The 
Commission’s  Communication  on  the  Common  Position  COM(2006)  375  was 
adopted on 12 July 2006.  

The European Parliament adopted its position at the second reading on 13 December 
2006. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

The purpose of the Regulation is to ensure a high level of protection of human health 
and  the  environment  as  well  as  the  free  circulation  of  substances  on  the  internal 
market while enhancing competitiveness and innovation. 

1 
2 
3 

OJ C 96, 21.04.2004, p.24. 
OJ C 112, 30.04.2004, p.92 
OJ C 164, 05.07.2005, p.78. 

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2. 

COMMISSION COMMENTS 

2.1. 

General 

On  13  December  2006,  the  European  Parliament  adopted  a  compromise  package 
which  had  been  agreed  with  the  Council  in  view  of  reaching  a  second  reading 
agreement.  

The Commission accepts in full Amendment 191 which constitutes the compromise 
package.  

2.2 

Amended Proposal 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as 
set out above. 

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