CELEX: 51988PC0190
Language: en
Date: 1988-04-12
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING FOR THE NINTH TIME DIRECTIVE 76/769/EEC ON THE APPROXIMATION OF THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES RELATING TO RESTRICTIONS ON THE MARKETING AND USE OF CERTAIN DANGEROUS SUBSTANCES AND PREPARATIONS

No C 117/14                            Official Journal of the European Communities                                4. 5. 88
   — accompany national inspectors when they carry                     7.    The Commission shall adopt, in accordance
       out activities for the purposes of this Directive.              with the procedure laid down in Article 16, detailed
                                                                       rules for the application of this Article.'
   5.     Member States shall ensure that the experts
   may carry out their tasks without hindrance, and
   shall provide them with all facilities necessary for the                                  Article 2
   carrying out of these tasks, including laboratory
                                                                   1.   Member States shall bring into force the laws,
   equipment and laboratory staff.
                                                                   regulations or administrative provisions necessary to
   6.     The Commission shall:                                   comply with this Directive by 1 January 1989.
   — establish a network for the notification of new
        occurrences of harmful organisms,                          2.   Member States shall immediately inform the
                                                                   Commission of all laws, regulations and administrative
   — make recommendations for notes for the                       provisions adopted in implementation of this Directive.
       guidance of the experts and of national                    The Commission shall inform the other Member States
        inspectors in carrying out their activities.               thereof.
   To assist the Commission in this latter task, Member
   States shall notify the Commission of their current                                       Article 3
   national inspection procedures in the plant health
   field.                                                         This Directive is addressed to the Member States.
             Proposal for a Council Directive amending for the ninth time Directive 76/769/EEC on the
             approximation of the laws, regulations and administrative provisions of the Member States
             relating to restrictions on the marketing and use of certain dangerous substances and
                                                         preparations
                                                     COM(88) 190 final
                              (Submitted by the Commission to the Council on 20 April 1988)
                                                        (88/C 117/11)
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             Having regard to the Treaty establishing the European Economic Community, and in
             particular Article 100A thereof,
             Having regard to the proposal from the Commission,
             In cooperation with the European Parliament,
             Having regard to the opinion of the Economic and Social Committee,
             Whereas measures should be adopted which are intended gradually to establish the internal
             market during a period expiring on 31 December 1992; whereas the internal market comprises
             an area without internal frontiers within which the free movement of goods, persons, services
             and capital are guaranteed;
             Whereas both pentachlorophenol (CAS No 87-86-5) and its compounds are substances that are
             dangerous to man and the environment, and in particular the aquatic environment; whereas the
             use of those substances should be regulated;
             Whereas restrictions which have already been imposed by certain Member States on the use or
             marketing of the abovementioned substances or of preparations containing those substances
             directly effect the establishment and operation of the internal market; whereas it is therefore
             necessary to approximate the laws of the Member States in this field and, consequently, to
             amend Annex I to Council Directive 76/769/EEC ('), as last amended by Directive                   ;
             (') OJ No L 262, 27. 9. 1976, p. 201.
 ---pagebreak--- 4. 5. 88                         Official Journal of the European Communities                           No C 117/15
         HAS ADOPTED THIS DIRECTIVE:
                                                      Article 1
         The following point is hereby added to Annex I to Directive 76/769/EEC:
         '23. Pentachlorophenol          Shall not be used in concentration equal to or greater than
              (CAS No 87-86-5)           0,1 % by mass in substances or preparations placed on the
              and its compounds          market.
                                         By way of exception, this provision shall not apply to
                                         substances and preparations intended for use:
                                         (a) in the treatment of wood in industrial installations;
                                         (b) in the impregnation of heavy-duty textiles in industrial
                                             installations;
                                         (c) as a synthesizing and/or processing agent in industry.
                                         These exceptions shall be re-examined in the light of devel-
                                         opments in knowledge and techniques in [not more than five
                                         years] at the latest.
                                         In addition, this provision shall not apply to wastes covered by
                                         Directives 75/442/EEC and 7 8 / 3 1 9 / E E C
                                                      Article 2
         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.
         2.    Member States shall communicate to the Commission by 31 December 1989 the text of
         the main provisions of national law which they have adopted in the field covered by this
         Directive.
                                                      Article 3
         This Directive is addressed to the Member States.