Notification according to Article 95(4) of the EC Treaty — Request for an authorisation to extend the application of national legislation derogating from the provisions of a Community Harmonisation Measure  (Text with EEA relevance)
Date: 2007-01-30
Institutions: European Commission
Subjects: Netherlands, approximation of laws, dangerous substance, derogation from EU law, environmental protection, exchange of information, paraffin

30.1.2007

EN

Official Journal of the European Union

C 21/5

Notification according to Article 95(4) of the EC Treaty

Request for an authorisation to extend the application of national legislation derogating from the
provisions of a Community Harmonisation Measure

(Text with EEA relevance)

(2007/C 21/05)

By letter of 6 December 2006, the Kingdom of the Netherlands, pursuant to Article 95(4) of the EC
1.
Treaty, notified a request to maintain the application of national legislation concerning the use of Short
Chain Chlorinated Paraffins (SCCP). This national
legislation deviates from the provisions of Directive
2002/45/EC (1) of the European Parliament and of the Council amending for the twentieth time Council
Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and
preparations (short-chain chlorinated paraffins). The Commission received the Dutch notification on
8 December 2006.

Commission Decision 2004/1/EC of 16 December 2003 (2) concerning national provisions on the use
2.
of SCCPs notified by the Kingdom of the Netherlands under Article 95(4) of the EC Treaty, already granted
a derogation from Directive 2002/45/EC for certain applications until 31 December 2006 (3). This period
was granted on the assumption that additional scientific information would be available to address the
remaining concerns on potential risks derived from certain applications. With this aim, since 2003, the EU
risk assessment report on SCCP, under Council Regulation (EEC) No 793/93 on the evaluation and control
of the risks of existing substances (4), has been reopened and is in the process of being updated, but has not
been finalised yet.

3.
The Dutch Government deems it necessary to prolong the derogation beyond December 2006 and
therefore to maintain its national provisions, which impose more stringent environmental protection
requirements than Directive 2002/45/EC, on grounds of human health and environmental protection. To
this effect it refers to a study on the ecotoxicological effects of chlorinated paraffins which was submitted to
the Commission in connection with the notification leading to Commission Decisions 2003/549/EC and
2004/1/EC. The Dutch Government also indicates that the maintenance of those provisions is necessary to
allow the Kingdom of the Netherlands to continue to comply with the obligations arising from the OSPAR
Convention as well as Decision 95/1, to which it is a contracting party

4.
Article 95(4) stipulates that if, after the adoption by the Council or by the Commission of a harmoni-
sation measure, a Member State deems it necessary to maintain national provisions on grounds of major
needs referred to in Article 30, or relating to the protection of the environment or the working environ-
ment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.

5.
According to Article 95(6), the Commission shall, within six months of the notification, approve or
reject the national provisions involved after having verified whether or not they are a means of arbitrary
discrimination or a disguised restriction to trade between Member States and whether or not they constitute
an obstacle to the functioning of the internal market.

Observations on the notification made by the Kingdom of the Netherlands that are submitted to the
6.
Commission later than thirty days from the date of publication of this notice may not be taken into consid-
eration.

7.

Further information regarding the request from the Dutch Government can be obtained from:

European Commission
Directorate-General Enterprise and Industry
Mrs Giuseppina Luvara
Unit G2 Chemicals
Avenue des Nerviens 105, 1/96
B-1040 Brussels
Tel.: (32-2) 295 27.37
Fax: (32-2) 295 02 81
e-mail: Entr-Chemicals@ec.europa.eu

(1) OJ L 177, 6.7.2002, p. 21.
(2) OJ L 1, 3.1.2004, p. 20.
(3) See also Decision 2003/549/EC of 17 July 2003 (OJ L 187 of 26.7.2003, p. 27) extending the period referred to in Article
95(6) of the EC Treaty in relation to the national provisions on the use of short-chain chlorinated paraffins notified by the
Netherlands under Article 95(4).

(4) OJ L 84, 5.4.1993, p. 1.