DENMARK AS A CHEMICAL SUBSTANCE OR CONSTITUENT OF A CHEMICAL PRODUCT BEFORE 1 OCTOBER 1980 ."
14 THE COMMISSION COMPLAINS THAT, IN ADOPTING THAT PROVISION, THE DANISH GOVERNMENT DEPARTED FROM THE DIRECTIVE BY FIXING A DATE PRIOR TO 18 SEPTEMBER 1981 AND BY THUS IMPOSING AN OBLIGATION TO NOTIFY EVEN SUBSTANCES PLACED ON THE MARKET BEFORE 18 SEPTEMBER 1981 AND EXEMPTING ONLY SUBSTANCES PLACED ON THE MARKET BEFORE 1 OCTOBER 1980 .
15 THE DANISH GOVERNMENT ACKNOWLEDGES THAT THE OBLIGATION TO NOTIFY IMPOSED BY THE NATIONAL PROVISION IS WIDER THAN THAT PROVIDED FOR IN THE DIRECTIVE, BUT DENIES THAT THE PROVISION IS CONTRARY TO THE DIRECTIVE . IT MAINTAINS THAT THE DIRECTIVE IS NOT MEANT TO REGULATE "OLD SUBSTANCES", THAT IS TO SAY SUBSTANCES WHICH WERE PLACED ON THE MARKET BEFORE 18 SEPTEMBER 1981; SUCH SUBSTANCES THEREFORE CONTINUE TO BE SUBJECT TO NATIONAL RULES .
16 IT SHOULD BE NOTED IN THE FIRST PLACE, THAT DIRECTIVE 79/831/EEC IS DESIGNED TO ATTAIN TWO OBJECTIVES : THE PROTECTION OF THE POPULATION AND THE ENVIRONMENT AND THE ELIMINATION OF OBSTACLES TO TRADE IN DANGEROUS SUBSTANCES IN THE COMMUNITY . ALTHOUGH IT IS TRUE THAT IN ITS PREAMBLE DIRECTIVE 79/831/EEC REFERS ONLY TO THE FIRST OBJECTIVE, IT SHOULD NOT BE OVERLOOKED THAT THE SECOND OBJECTIVE IS MENTIONED IN THE PREAMBLE TO DIRECTIVE 67/548/EEC, TO WHICH DIRECTIVE 79/831/EEC MERELY INTRODUCED AMENDMENTS, INTENDED IN PARTICULAR TO REINFORCE THE CONTROLS PROVIDED FOR; THE SECOND OBJECTIVE IS ALSO REFERRED TO IN ARTICLE 22 OF THE DIRECTIVE .
17 SECONDLY, IT MUST BE POINTED OUT THAT THE DATE PROVIDED FOR IN THE DIRECTIVE, 18 SEPTEMBER 1981, WAS MEANT TO BE THE DATE FROM WHICH BOTH OBJECTIVES, IN PARTICULAR THE MEASURES CONCERNING THE OBLIGATION TO NOTIFY NEW SUBSTANCES, WERE TO TAKE EFFECT . IT FOLLOWS THAT IN THE DIRECTIVE THE COMMUNITY LEGISLATURE HAS LAID DOWN EXHAUSTIVE RULES ON THIS POINT AND THAT IT HAS NOT LEFT THE MEMBER STATES ANY SCOPE TO INTRODUCE EARLIER OR LATER DATES IN THEIR RULES ADOPTED TO IMPLEMENT THE DIRECTIVE .
18 IT FOLLOWS FROM THE FOREGOING THAT THE DANISH GOVERNMENT' S ARGUMENT CANNOT BE UPHELD AND THAT THE COMMISSION' S COMPLAINT IS WELL FOUNDED .
ARTICLE 11*(3 ) OF THE NATIONAL LAW
19 ARTICLE 11*(3 ) OF THE NATIONAL LAW PROVIDES AS FOLLOWS :
"THE PROVISIONS APPLICABLE TO NEW CHEMICAL SUBSTANCES ALSO APPLY TO ANY CHEMICAL SUBSTANCE SOLD OR IMPORTED INTO DENMARK BEFORE 1 OCTOBER 1980, WHERE IT IS MARKETED OR IMPORTED AFTER THAT DATE FOR AN ESSENTIALLY DIFFERENT USE OR IN SUBSTANTIALLY LARGER QUANTITIES ."
20 THE COMMISSION COMPLAINS THAT IN THAT PROVISION THE DANISH GOVERNMENT REQUIRES FRESH NOTIFICATION FOR SUBSTANCES ALREADY ON THE MARKET, EVEN THOUGH THE DIRECTIVE DOES NOT PROVIDE FOR SUCH A POSSIBILITY, AND THEREFORE THE MEMBER STATES CANNOT REQUIRE NOTIFICATION OF SUCH SUBSTANCES .
21 THE DANISH GOVERNMENT DOES NOT DENY THAT THE NATIONAL LEGISLATION IS DRAFTED DIFFERENTLY BUT MAINTAINS THAT THE PROVISION AT ISSUE IS CONSISTENT WITH THE GENERAL OBJECTIVE OF THE DIRECTIVE, WHICH IS TO PROTECT MAN