CELEX: 51991PC0468
Language: en
Date: 1991-12-06
Title: Amended proposal for a COUNCIL REGULATION ( EEC ) concerning Export from and import into the Community of certain dangerous chemicals

COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(91) 468 final
                                            Brussels, g     December 19Ô1
                      Amended proposal for a
       concerning Uport frosi tnd Isiart Irtt* %m Cojwmnlty
                   #T ostfiaiffi vejnppfwHP « m i f i i t i
      (presented by the Commission pursuant to A r t i c l e 149(3)
                         of the EEC-Treaty)
 ---pagebreak---                                - 1 -
                         Explanatory Memorandum
In December 1990 the Commission put forward a proposal for a Council
Regulation to replace regulation (EEC) number 1734/88. The new
Regulation would maintain the current requirements for the notification
of the import and export of certain dangerous chemicals and would also
introduce a "Prior Informed Consent" (PIC) scheme whereby the export of
certain chemicals could take place only in accordance with the
announced decision of the importing country.
At its 287th Plenary Session on 29 and 30 May 1991, the Economic and
Social Committee unanimously adopted the Opinion of its Section for
Protection of the Environment, Public Health and Consumer Affairs
approving the aims and principles of the Commission's proposal.
At its Plenary Session on 24 October 1991, the European Parliament
approved the proposal with a total of 17 amendments. Eight of the
amendments have been accepted by the Commission but the others are
considered to be detrimental to the Commission's proposal.
The acceptable amendments help ensure the proposal is compatible with
the international PIC scheme set up by the UNEP and FAO. They also
define the frequency of Commission reports on the operation of the
proposed Regulation, and require Member States to provide some
additional information to the Commission concerning dangerous chemicals
 imported or exported for use in research and development.
The majority of the unacceptable amendments would, in effect, require a
 fundamental change in the nature of the proposed Regulation and would
make it incompatible with the international PIC scheme. This scheme is
based on the principle that exports of banned and severely restricted
 chemicals are permissible under specific conditions, namely that the
 importing country has decided to permit the import of such a chemical
 after being fully informed of its potential hazards. The proposed
 amendments would require that the Community institutions decide what
 can be exported or not; this could be attacked as an attempt to erode
 the discretion of third countries.
 Another amendment would require that the addition to Annex I Ii of every
 new chemical that becomes subject to the international PIC procedure
 would require a Council decision. The Commission's proposal, on the
 other hand, would enable such modifications to be made following
 discussion by the Commission and Member States in a Committee set up to
 review technical progress.
 The complete text of the proposed Regulation follows, with amendments
 accepted by the Commission shown alongside the original text.
 ---pagebreak---                                                             . 2 -
           ORIGINAL TEXT                                                  AMENDED TEXT
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Lcononuc Community, and in particular Article 130s
thereof,
Having regard to the proposal from the Commission,
Having regard              to      the    opinion    of  the  European
Parliament,
Having regard to the opinion of the Economic and
Social Committee,
Whereas Council Regulation (EEC) N o 1734/88 (')
concerns the export from and import into the
Community of certain dangerous chemicals;
Whcicas an amendment to Regulation (EEC) N o
 1734/88 is necessary to implement the 'prior informed
consent' (PIC) procedure".
Whereas, on tr.e occasion of this amendment, Regulation
(EEC) No 1734/88 is also to be replaced by this Regu-
lation ;
Whereas certain            provisions of Community legislation,
and in particular          Council Directives 7 6 / 7 6 9 / E E C (*), as
last amended               by Directive            89/678/EEC(»)     and
7 9 / 1 1 7 / E E C ( 4 ),     as last amended            by   Directive
8 9 / 3 6 5 / E E C (*),    restrict the marketing and use of
certain dangerous substances «*nd preparations and
prohibit the placing on the market and use of plant
protection products containing certain active substances
in the Member States of the Community; whereas these
provisions do not apply to those products when they are
intended for export to third countries;
 Whereas international trade in certain chemicals which
 are banned or severely restricted in countries of export
 has caused international concern on grounds of
 ;vouvtii»M of rran and the e n v i r o n m r n i -
 NX" he reus meas_res are necessary for the protection of
 man arid the environment, both in the Community and
 third «.v '.imnes
  (') OJ No L 155, 22. 6. 1988, p. 2.
  /•\  HI     M~  r ->/ -l •»•»  «   taie   _ -»/•
 ---pagebreak---                                                       -2 «
              ORIGINAL TEXT                                 AMENDED TEXT
Whereas schemes for notification, information and prior
informed consent concerning international trade in such
substances have been set up within the framework of
international organizations, namely the Organization for
F.conomic Cooperation and Development (OECD), the
United Nations Environment Programme (UNEP) and
the Food and Agriculture Organization (FAO);
Whereas the Community and its Member States have
 actively participated in the work of these and of other
 international organizations relating to banned and
 severely restricted substances; whereas it is appropriate
 that the Community acts upon the results of this work
 through uniform Community procedures;
 Whereas the export of chemicals to which this Regu-
 lation applies should be made subject to a common noti-
 fication procedure which would permit the Community
 to notify third countries with regard to such exports;
Whereas it is necessary to ensure that the rules applicable
within the Community for the packaging and labelling of
banned or severely restricted chemicals should apply to
such chemicals when destined for export;
Whereas it is necessary to inform all the Member States
of notifications received from third countries with regard
to import into the Community of substances banned or
severely restricted under the legislation of those
countries;
Whereas the common notification procedures should
also provide a basis for an appropriate exchange of
information within the Community, including infor-
mation on the implementation of the international notifi-
cation scheme;
Whereas to this end the Commission will report to the
Council and to the European Parliament, at regular
intervals, in particular on any possible reaction from the
country of destination;
Whereas the Council resolution of 16 June 1988 (')
invited the Commission to submit proposals with a view
to the possible adjustment of the Regulation so as to
introduce a PIC scheme similar to that established by the
UNEP and the FAO;
Whereas it is proper that the citizens of the Community
receive no less protection than that afforded to the
citizens of other importing countries participating in the
international PIC scheme;
 ---pagebreak---                                                       H-
                ORIGINAL TEXT                                 AMENDED TEXT
Whereas a single contact point for Community inter-
action with the international PIC scheme is desirable in
order to coordinate and disseminate information;
whereas, in light of the single European market of 1993,
it is necessary to establish common conditions for the
import and export of substances covered by the PIC
scheme;
Whereas Annex I lists the chemicals banned or severely
restricted in the Community; whereas this list should be
subject to review at intervals and amendment as
necessary; whereas any such amendment to Annex I
should be made on the basis of proposals from the
Commission and should be the subject of a decision by
the Council by a qualified majority;
Whereas Annex II comprises a list of chemicals subject
to the PIC procedure, the list of countries participating
m the PIC procedure and the decisions of these countries
regarding the import of the listed chemicals; whereas
these lists and decisions will be amended at intervals
jointly by the U N E P and the FAO; whereas the
amendments should be adopted into Annex II to this
Regulation       following  their   publication  by    the
Commission in the Official Journal, of the European
 Communities;
   Whereas Annex III identifies the information which
   should be included in the notification of the export to a
   third country of a chemical listed in Annex I; whereas to
    facilitate the amendment of Annex III, a system should
    be set up providing for close collaboration between the
    Member States and the Commission by means of a
    committee for the adaptation of that Annex to technical
    progress;
    Whereas the Regulation excludes chemicals intended for
    analytical or research and development purposes;
     Whereas the Commission, in the light of the operation of
     this Regulation, may propose to the Council appropriate
     amendments thereto,
 ---pagebreak---                                                          . J-
                ORIGINAL TEXT                                     AMENDED TEXT
   HAS ADOPTED THIS REGULATION:
                              Article I
                             Objectives
   I.     The purpose of this Regulation is to establish a
   common system of notification and information for
   imports from and exports to third countries of certain
   chemicals which are banned or severely restricted on
   account of their effects on human health and the envi-
   ronment and to participate in the international notifi-
  cation and 'prior informed consent' (PIC) procedure
  established by the United Nations Environment
  Programme (UNEP) and the Food and Agriculture
  Organization (FAO) (')•
2. This Regulation does not apply                             2.   This Regulation does not apply
Co        substances          or      preparation»            10   auostances      or   preparations
imported            or     exported         for    the        imported    or    exported    for  the
purposes of analysis or research and                          purposes of analysis or research and
development            where the quantities                   development   where the quantities
involved are sufficiently small that                          involved are sufficiently small that
they are not likely to adversely                              they are not likely to adverseley
affect           human        health        or     the        affect    human      health   or   the
environment.                                                  environment.     These Quantities and
                                                              the relevant justification shall in
                                                              any   case    be    notified   to  the
                                                              Commission»
                             Article 2
                            Definitions
 lor the purposes of this Regulation, the following defi-
 nitions shall apply:
  I. 'chemical subject to notification' means any of the
       chemical substances listed in Annex I and to prep-
       arations for which there is a labelling obligation due
       to the presence of a substance listed in Annex I;
2. 'chemical subject to the PIC-procedure' means each
     chemical listed in Annex II, whether by itself or in a
     mixture or preparation, whether manufactured or
     obtained from nature, unless its concentration in the
     mixture or preparation is insufficient for a labelling
      requirement;
 V 'banned chemical' means a chemical which has, for
      health or environmental reasons, been prohibited for
      all uses by final governmental regulatory action;
 (') London Guidelines for the Exchange of Informauon on
      ('ncmicals m International Trade, Decision M/27 of the
       Governing Council of UNEP of 17 June 1987 as amended
 ---pagebreak---                                                         - c-
              ORIGINAL TEXT                                    AMENDEO TEXT
4. 'severely restricted chemical' means a chemical for
    which, for health or environmental reasons, virtually
    all uses have been prohibited nationally by final
    governmental regulatory action, but for which certain
    specific uses remain authorized;
     export means:
    (a) the permanent or temporary export of products
         meeting the conditions of Article 9 (2) of the
          Treaty;
    (b) the re-export of products not meeting            the
         conditions of Article 9 (2) of the Treaty;
6 'import' means any physical introduction of products
    into the customs territory of the Community meeting
    the conditions of Article 10 (1) of the Treaty;
7. 'prior informed consent' or 'PIC means the principle
    that international shipment of a chemical that is
    banned or severely restricted in order to protect
    human health or the environment should not proceed
    without the agreement, where such agreement exists,
    or contrary to the decision of the designated national
    authority of the importing country;
      reference number' means the number assigned by the
     Commission to each chemical subject to notification
     when it is exported for the first time to a third
     country. This number remains unchanged for every
     subsequent export of the same chemical from the
     Community to the same third country.
                           Article 3
                   Designation of authorities
 1      F.ach Member State shall designate the authority or
 authorities, hereinafter referred to as the 'designated
 authority' or 'designated authorities', competent for the
 notification and information procedures laid down by
 this Regulation. It shall inform the Commission of such
 designation.
     2     As far as the participation of the Community in the
     international 'prior informed consent' procedure i$
     concerned, the Commission shall act as common
     designated authority with regard to receiving infor-
     mation from the competent bodies dealing with the inter-
     national PIC procedure, and for providing information
     to these bodies on common decisions which have been
     taken in close cooperation and consultation with the
      Member States. The Commission shall advise the
     relevant competent bodies of its role relating to the PIC
     procedure.
 ---pagebreak---                                                        -}-
              ORIGINAL TEXT                                   AMENDED TEXT
                            Article 4                      i
                   Exports to third countries
  1.     When a chemical subject to notification is exported
  for the first time following the date of the entry into
  force of Regulation (EEC) N o 1734/88 (22 June 1989)
  from the Community to a third country, the designated
  authority of the State from which it is exported shall
  take the necessary measures to ensure that the appro-
  priate authorities of the country of destination receive
  notification of the fact. Such notification, which shall
  take place prior to export must comply with the
  requirements set out in Annex III.
  The designated authority shall send a copy of such noti-
  fication to the Commission, which shall forward it to the
  designated authorities of the other Member States and to
  the International Register of Potentially Toxic Chemicals
  (IRFrC).
   The Commission shall assign a reference number to each
  notification received and communicate it immediately to
  the designated authorities of the Member States. It shall
  periodically publish a list of these reference numbers in
  the Official Journal of the European Communities, stating
  the chemical concerned, and the third country of desti-
  nation. Until a relevant reference number is published in
  the Official Journal of the European Communities, the
  exporter shall assume that such an export has not
  previously taken place unless it can obtain from the
  designated authority of its Member State the relevant
  reference     number     previously   assigned    by    the
  Commission.
   2.    The designated authority of the relevant Member
  State shall inform the Conamission as soon as possible of
  any significant reaction from the country of destination.
  The Commission shall ensure that the other Member
   States are informed as soon as possible of that country's
   reaction.
   3.    for every subsequent export of the chemical
   concerned from the Community to the same third
   country the exporter shall ensure that the export is
   accompanied by a reference to the number of the notifi-
  cation published in the Official Journal of the European
   Communities pursuant to the provisions of the third
   subparagraph of paragraph 1.
4      Notification must be given afresh whenever major
changes are made to the Community legislation
concerning the marketing and use of the substances in
question or whenever the labelling of the preparation in
question changes.
5      As regards the transmission of information within
the meaning of paragraph I, the Member States and the
 ---pagebreak---                                                      -?-
         ORIGINAL TEXT                                          AMENDED TEXT
                                                                      5a.  Member States shall take the
                                                                           necessary                    legal measures                      to
                                                                           enable severe sanctions to be
                                                                           imposed on persons exporting
                                                                           chemicals which are banned or
                                                                           severely                   restricted                 in        the
                                                                           Community                    (according                to the
                                                                           list               in         Annex           I)       without
                                                                           ::.;'.v.,-\;il-'v.i.v.'i _':.-'i.th__t; ,l'L..r,f?.tLLf. }.£.* t J-PP
                                                                           requirements contained in this
                                                                           $J~Mx±y. .'£ ï-Jé?JL-                    Such        s a net i ons
                                                                           •*)±9±LkÛj à s far as possible, be
                                                                           the same in all Member States.
                          Article     5
 Participation in the international notification and 'prior
                informed consent' procedure
1. The Commission shall notify the                             1.   The Commission shall notify the
competent bodies dealing with the                              competent bodies dealing with the
international PIC procedure of the                             international PIC procedure of the
chemicals          which       are        banned     or        chemicals      which               are         banned            or
severely restricted in the Community                           severely restricted in the Community
(Annex I ) . It shall provide all                              (Annex I ) . It shall provide all
relevant information especially on                             relevant information especially on
the identity of the chemicals, their                           the identity of the chemicals, their
dangerous          properties,               Community         dangerous       properties,                        Community
labelling requirements and necessary                           labelling requirements and necessary
precautionary          measures.            It    shall        precautionary           measures.                 It        shall
also identify the relevant control                             also identify the relevant control
actions and the reasons for them.                              actions and the reasons for.them. If
                                                               a control action bans some uses but
                                                               continues authorization for other
                                                               uses ,   thee3             shall                             •arly
                                                               identified.
 2.    1'he Commission shall forward forthwith to the
 Member States       information        it receives  regarding
 chemicals subject to the P I C procedure and the decisions
 of third countries regarding the imposition of bans or
 import conditions on these chemicals. T h e Commission
 shall evaluate in close cooperation with the Member
 States the risks posed by the chemicals. It shall then
 inform the International Register of Potentially Toxic
 Chemicals whether import into the Community of each
 of the chemicals shall be allowed, prohibited or
 restricted. Before taking its decision the Commission
 shall consult the committee established under Article 20
 of Council Directive 6 7 / 5 4 8 / E E C (').
 ---pagebreak---                                                        ~9-
                ORIGINAL     TEXT                            AMENDED TEXT
  When taking such a decision, the following principles
  shall be observed:
    (i) in the case of a substance or preparation banned by
        Community legislation: import consent shall be
        refused;
   00 in the case of a substance or preparation severely
        restricted by Community legislation: import consent
        shall be subject to conditions. The appropriate
        conditions shall be decided on a case by case basis;
  (i»i) in the case of a substance or preparation not banned
        or severely restricted by Community legislation:
        import consent shall not normally be refused.
        However, if the Commission, in consultation with
        Member States, considers that a proposal should be
        made to the Council to ban or severely restrict
       a substance or preparation not produced in the
       Community, then interim import conditions, set on
       a case by case basis, may be imposed until the
       Council has taken a decision on the proposed
       permanent ban or severe restriction.
The Commission shall pay particular attention to
ensuring that its response docs not conflict with existing
Community legislation.
3.      Annex II shall comprise the following:
  (i) the international list of banned and severely
       restricted chemicals subject to the PIC procedure
       established by the UNEP and FAO;
 (ii) a list of the countries participating in the PIC
       scheme; and
(iii) the decisions of these countries (including the
       Community) regarding the import of the listed
       chemicals.
 The Commission shall immediately notify the Member
States of information it receives regarding changes to the
above. It shall periodically publish these changes in the
 Official Journal of the European Communities.
                                                                The Commission shall, immediately
                                                                upon receipt, forward to Member
                                                                States decisions of third countries
                                                                regarding the imposition of bans or
                                                                import    conditions   on   chemicals
                                                                subject to the PIC procedure« Such a
                                                                ban or imposition of conditions must
                                                                be applied by the third country to
                                                                ail   sources    of   the  chemical.
                                                                including    local  manufacture.   An
 ---pagebreak---                                                  - *1o -
          ORIGINAL TEXT                                           AMENDED TEXT
A.        The exporter is required to                           4.     The exporter is required to
comply with the decision of the                                 comply with the decision of the
country of destination participating                            country        of     destination
in the PIC procedure. Member States                             participating in the PIC procedure.
shall          take       appropriate         legal             Member States shall take appropriate
measures           to     enable        severe     or           legal measures to enable severe or
dissuasive sanctions to be imposed                              dissuasive sanctions to be imposed
on      persons          exporting        chemicals             on    persons    exporting   chemicals
subject to the international                     PIC            subject to the international PIC
procedure (Annex II) contrary to the                            procedure (Annex II) contrary to the
PIC decision             of the country            of           PIC   decision   of the country of
destination.            The sanctions should,                   destination.    The sanctions should,
as far as possible, be the same in                              as far as possible, be the same in
all Member States.                                              all Member States.       To this end,
                                                                Member States shall, within one year
                                                                ot tne data ul entry into force of
                                                                the     regulation,     notify     the
                                                                Commission of the sanctions adopted
                                                                to comply with this provision.
                            Article 6
                    Packaging and labelling
 1.     Any of the chemicals listed in Annexes I and II
 which are intended for export shall be subject to such
 measures on packaging and labelling established in
 pursuance of Council Directive 6 7 / 5 4 8 / E E C or, as
 appropriate, of other Directives covering dangerous
 preparations (2) as are applicable in the M e m b e r State
 from which the goods are to be exported or in which
 they have been produced. This obligation shall be
 without prejudice to any specific requirements of the
 importing third country. T h e label need comply with
 only the requirements of the importing third country
    if such requirements ensure the label has all the health,
    safety and environment related information which E E C
    use would require.
    2.    T h e information on the label shall as far as prac-
    ticable be given in the language(s), or in one or more of
    the principal languages, of the country of destination or
    of the area of intended use.
                               Article 7
                  Notification from thin' countries
     1     Where the designated authority of a M e m b e r State
     receives a notification from the competent authority of a
     third country concerning the export to the C o m m u n i t y
     of a chemical whose manufacture, use, handling,
     consumption, transport a n d / o r sale is subject to
     prohibition or substantial legal restriction under that
     country's legislation, it shall send forthwith to the
     Commission a copy of that notification together with all
     relevant information.
 ---pagebreak---                                                       A<\    -
                ORIGINAL TEXT                                      AMENDED TEXT
     2.    T h e Commission shall forward forthwith to the
     Member States any notification received either directly
     of indirectly, together with all available information.
     3.    The Commission shall periodically evaluate the
     information received via the Member States or directly
     from third countries and, if necessary, submit appro-
     priate proposals to the Council.
                              Article 8
              Exchange of information and monitoring
     1.    Member States shall regularly forward to the
     Commission information on the operation of the notifi-
     cation system provided for in this Regulation.
2.      The Commission shall regularly                        2.  The Commission shall, each year
compile a report on the basis of the                          after the entry into force of this
information provided by the Member                           Regulation, compile a report on the
states and forward it to the Council                         basis of the information provided by
and the European Parliament. This                             the Member States and forward it to
report shall consist, inter alia, of                          the   Council    and  the    European
information           on    participation          in         Parliament.    This   /eport    shall
international notification and PIC                            consist, inter alia, of information
systems, on the cover provided by                             on participation in     international
such systems and on how they are                              notification and PIC systems, on the
complied with by third countries.                             cover provided by such systems and
                                                              on how they are complied with by
                                                              third countries.
    3     As regards the information supplied pursuant to
    paragraphs 1 and 2, the Member States and the
    Commission shall take account of the need to protect the
    confidentiality of data and ownership.
                            Article 9
   If a Member State applies, with respect to substances
   other than those in Annex I, a national system using
   similar information procedures in respect of third
   countries of those laid down in this Regulation, it shall
   inform the Commission, specifying the substances
   concerned. T h e Commission shall forward this infor-
   mation to the Member States.
 ---pagebreak---                                                              - " ! * . -
                      ORIGINAL TEXT                                        AMENDED TEXT
                                        Article 10
                                lipiiating of Annexes
1. Tfoe. List, of chemicals in Annex I                             1.     The list of chemicals in Annex
,Siha 1 ! be. rv/viirw^d :.y Lht> Commi rj o ion                   I     shall    be   reviewed      by  the
.-i". iiiif:'r:vals particularly in the                            Commission at intervals particularly
i iyht           of      experience              gained   in       in the light of experience gained in
i m[.'.U;iv.enting this Regulation, v;ith                          implementing this Regulation, with
special             regard              to      information        special      regard    to    information
received pursuant to Article 9, and                                received pursuant to Article 9, and
on the basis of developments in                                    on the basis of developments in
Community               legislation               concerning       Community       legislation    concerning
marketing                    and           use     and    of       marketing         and    use     and   of
developments within the framework of                               developments within the framework of
 t. he OECD, the UNEP and the FAO. The                             the OECD, the UNEP and the FAO if
 list shall be amended as necessary                                and     when   further    chemicals   are
by decisions taken by the Council by                               bann&d. or -•averely restricted in the
qualified majority on a proposal                                   Community. The list shall be amended
 from the Commission.                                              as necessary by decisions taken by
                                                                   the Council by qualified majority on
                                                                   a proposal from the Commission.
                                                                     la.    Within five years of the date
                                                                            of adoption of this Regulation
                                                                            the Commission will re-order
                                                                            the    list    of    s u bstance s
                                                                            appearing at Annex I to conform
                                                                            with the categories of use to
                                                                            be decided by the UNEP and FAO.
       2.    Amendments initiated by the U N E P and the r'AO
       to the list of chemicals subject to the international PIC
       procedure and to the PIC decisions of importing-
       countries (Annex TT) shall be adopted in-accordance with•'
       the procedure laid down in Article 21 of Directive
       67/548/EEC.
       3.    The amendments required for adapting Annex III
       to scientific and technical progress shall be adopted in
       accordance with the procedure laid d o w n in Article 21 of
       Directive 6 7 / 5 4 8 / E E C .
                                    Article 11
     1      Regulation (EEC) Nro 1734/88 is hereby repealed.
     /      References to the Regulation repealed under
     paragraph I shall be construed as references to this
     Regulation.
                                       Article 12
       This Régulation shall c/itcr into force on the day of its
        publication in the Official Journal of the European
        (Communities.
 ---pagebreak---                                                      -4*5-
      ORIGINAL TEXT                                                        AMENDED TEXT
                                                       ANNEX    I
List of chemicals banned or severely restricted to certain uses owing to their effects on human health and
                                                    the environment
                         Chemical                                 CAS No (')            Einecs No (')
  1. Mercuric oxide                                                21908-53-2             2446547
  2. Mercurous chloride (calomel)                                   10112-91-1            2333075
  3. O t h e r inorganic mercury compounds
  4. Alkyl mercury compounds
  5. Alkoxyalkyl and aryl mercury compounds
  6. Aldrin                                                            309-00-2           2062158
  7. Chlordane                                                           57-74-9          2003490
  8. Dieldrin                                                            60-57-1          2004845
  9. D D T                                                               50-29-3          2000243
10. Endrin                                                               72-20-8          2007757
11. H C H containing less than 9 9 , 0 % of the
     gamma isomer                                                      608-73-1           2101689
12. Heptachlor                                                           76-44-8          2009623
 13. Hexachlorobenzene                                                  118-74-1          2042739
 14. Camphcchlor (toxaphene)                                          8001-35-2           2322833
 15. Polychlorinated biphenyls (PCB),            except
     mono- and dichlorinated biphenyls                                1336-36-3           2156481
 16. Polychlorinated terphenyls (PCT)                                61788-33-8           2629682
 17. Preparations with a PCB or PCT content
     higher than 0,01 % by weight
 18. Tris(2,3 dibromopropyl) phosphate                                  126-72-7           2047999
 19. Tris-aziridinyl-phosphinoxide                                      545-55-1           2088925
 20. Polybrominated biphenyls (PBB)
 21. Crocidolite                                                     12001-28-4
 22. Chrysotile                                                      12001-29-5
 23. Amosite                                                         12172-73-5
 24. Anthopyllite                                                    77536-67-5
 25. Actinolite                                                      77536-66-5
 26. Tremolite                                                       77536-68-6
 27. Nitrofen                                                          1836-75-5          217-406-0
 28. 1,2-Dibromoethane                                                  106-93-4          203-444-5
 29   1,2-Dichloroethene                                                540-59-0          208-750-2
 (') CAS:          Chemical Abstracts Service.
 (') Einecs:       European Inventory of Existing Commercial Chemical Substances.
                                                        ANNEX     II
     Chemicals subject to the international PIC procedure and the PIC decisions of importing countries
 ---pagebreak---            ORIGINAL TEXT                                                 AMENDED TEXT
                                                            ANNEX III
                                            Information required pursuant to Article 4
           1.   Identity of the substance or preparation to be exported:
           1.1. Substances:
                — name in nomenclature of the International Union of Pure and Applied Chemistry,
                — other names (usual name, trade name, abbreviation),
                — Einecs No and CAS No (if available),
                — main impurities of the substance, when particularly relevant.
           1.2. Preparations:
                — trade name or designation of the preparation,
                — for each substance listed in Annex I, percentage and details as specified under 1.1.
           2.   Information on precautions to be taken, including category of danger and risk, and safety advice.
           3.   The name, address, telephone and telex numbers of the designated authority from whom further
                information may be obtained.
4.      Summary          of       regulatory                   4.          Summary            of       regulatory
restrictions and reasons for them.                             restrictions, reasons for them and
                                                               Indication of potential Impact on
                                                               human beings and their environment.
            5.   Expected date of export.
            6.   Reference number.
            7.   Country of destination.
           The above information should be provided on an export notification form as shown overleaf.
 ---pagebreak---                                                               ~ f\s         -
                    ORIGINAL TEXT                                          AMENDED TEXT
                 COMMISSION                                                                 R E G U L A T I O N (EEC) No 1734/88
                     OF THE
      EUROPEAN COMMUNITIES
                    EXPORT NOTIFICATION FORM FOR BANNED AND SEVERELY RESTRICTED CHEMICALS
   I. EXPORT NOTIFICATION REFERENCE NUMBER:
   2. EXPORT CONSISTS OF A BANNED OR SEVERELY RESTRICTED CHEMICAL (')
      Name(s) of chemical:
      Einecs No:                                                       CAS No:
   3. EXPORT CONSISTS OF A PREPARATION CONTAINING ONE OR MORE BANNED OR SEVERELY RESTRICTED
      CHEMICAL(S) (')
      Name(s) of preparation:
      Labelling code for preparation:
      Name(s) of constituent chemical(s) banned or severely restricted
        i) % in preparation:                           Einecs No:                          CAS No:
       ii) % in preparation:                            Einecs No:                         CAS No:
      iii) % in preparation:                            Einecs No:                         CAS No:
   4, COUNTRY OF DESTINATION:
      Expected date of first export:
                                                 DESIGNATED NATIONAL AUTHORITIES
                                      in the EC:                                     in the importing country:
      Representative of exporting country:                                                 Official stamp
\ *°x     2
            ° r box 3 to be completed.
"oie: C h ^ ; . . i _ _ j I . _ . I A    i„r
 ---pagebreak---      ORIGINAL TEXT                                                            AMENDED TEXT
            DATA SHEET FOR A BANNED OR SEVERELY RESTRICTED CHEMICAL
   CHEMICAL NAME(S):
   Einecs No:                                                  CAS No:
   LABELLING REQUIREMENTS FOR CHEMICAL
   Classification:                                             Code:
    Risk phrases:
   Safety phrases:
    SUMMARY OF CONTROL ACTION AND USE(S) CONTROLLED:
    REFERENCE TO EEC OR NATIONAL LEGISLATION:
    REASONS SUPPORTING THE CONTROL ACTION:
    ADDITIONAL INFORMATION:
k      ,f
  '---             ••'— - ~ ~ . « : ~ * ~ ~ ~ .k^« „„«, <-U. m i/-»l wliirli it KanncH o r severely restricted in the E C ,
 ---pagebreak---                                   -43-
         ORIGINAL TEXT                         AMENDED TEXT
                             LEGISLATIVE RESOLUTION
embodying the opinion of the European Parliament on the proposal from the
Commission to the Council for a regulation concerning export and import of
"'"'tain dangerous chemicals
The European Parliament,
     having regard to the Commission proposal to the Council (COM(90) 0591)l,
    having been consulted by the Council pursuant to Article 130s of the EEC
    Treaty (C3-0051/91),
    having regard to the report of the Committee on the Environment, Public
    Health and Consumer Protection (A3-0256/91j,
1.  Approves the Commission proposal subject to Parliament's amendments and
    in accordance with the vote thereon;
2.  calls on the Commission to amend its proposai accordingly, pursuant to
    Article 149(3) of the EEC Treaty;
3.  calls on the Council to notify Parliament should it intend to depart from
    the text approved by Parliament;
4.  Asks to be consulted, again should Council      intend  to make  substantial
    modifications to the Commission proposal;
5.  Instructs its   President   to  forward this  opinion   to the  Council  and
    Commission.
 ---pagebreak---                                       4*-
                                                                     ISSN 0254-1475
                                                              COM(91) 468 final
                                                      DOCUMENTS
EN                                                                          02 15
                                Catalogue number : CB-CO-91-539-EN-C
                                                             ISBN 92-77-78024-X
Office for Official Publications of the European Communities
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