CELEX: 51989PC0606
Language: en
Date: 1989-11-27
Title: REEXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING 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 ( 87 ) 39 FINAL SYN 28

8. 2. 90                                Official Journal of the European Communities                             No C 30/89
              Re-examined proposal for a Council Directive amending 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(89) 606 final — SYN 28
                     [Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty
                                                     on 30 November 1989]
                                                          (90/C 30/05)
              (!) OJ No C 41, 19. 2. 1987, p. 17.
1. The third recital is replaced by the following:                      Committee the Commission may set a deadline by
                                                                        which the opinion must be delivered. No vote shall be
    'Whereas technical progress makes it necessary to
                                                                        taken on the Committee's deliberations. However, any
    adapt the provisions contained in the Annex to
                                                                       Member State may require its opinion to be recorded in
    Directive 76/769/EEC promptly; whereas, to simplify
                                                                       the minutes.
    and speed up the procedure, the adoption of such
    measures shall be a matter for the Commission;                     Article 2b
    whereas in all cases where the Council delegates
    responsibility for implementing provisions on danger-               1. Where a Member State has good reason to believe
   ous substances and preparations to the Commission,                  that, owing to its characteristics, a substance or
   there shall be thorough consultation between the                    preparation constitutes a serious danger to human
    Commission and the Member States within the                        beings or the environment and prohibits the marketing
   framework of an Advisory Committee;'                                and use of the dangerous substance or preparation
                                                                       concerned within its territory or makes it subject to
2. Article 1 is replaced by the following:                             special provisions, the Member State in question shall
                                                                       notify the Commission and the other Member States
   'Article 1                                                          thereof forthwith, indicating the reasons for its
                                                                       decision.
   The following Articles are hereby inserted in Directive
   76/769/EEC:                                                         2. Where the Commission considers that it is necessary
                                                                       to amend the Directive, such amendments shall be
   'Article 2a                                                         adopted in accordance with the procedure set out in
   Amendments proposed to adapt the Annexes to                         Article 2a above.
   technical progress shall be adopted by the Commission               In such cases, the Member State which has introduced
   after consulting a Committee made up of representat-                the protection measures may maintain them until these
   ives of the Member States. When consulting the                      amendments have entered into force.'
 ---pagebreak--- No C 30/90                            Official Journal of the European Communities                                  8. 2. 90
                                                           ANNEX
             COMMON POSITION OF THE COUNCIL                                     TEXT AMENDED BY PARLIAMENT
                                                     AMENDMENT No 1
                           Article 1                                                        Article 1
The following Article is hereby inserted in Directive 76/        The following Articles are hereby inserted in Directive 76/
769/EEC:                                                         769/EEC:
     'Article 2a                                                      'Article 2a
     Amendments required to adapt the Annexes to                      Amendments proposed to adapt the Annexes to
     technical progress, with regard to the substances and            technical progress shall be adopted by the Commission
     preparations already covered by the Directive, shall be          after consulting a committee made up of representa-
     adopted in accordance with the procedure laid down in            tives of the Member States. When consulting the
     Article 21 of Directive 67/548/EEC (*) as last amended           committee the Commission may set a deadline by
     by Directive 88/490/EEC (2).                                     which the opinion must be delivered. No vote shall be
                                                                      taken on the committee's deliberations. However any
                                                                      Member State may require its opinion to be recorded in
                                                                      the minutes.
                                                                      Article 2b
                                                                      1. Where a Member State has good reason to believe
                                                                      that, owing to its characteristics, a substance or
                                                                      preparation constitutes a serious danger to human
                                                                      beings or the environment and prohibits the marketing
                                                                      and use of the dangerous substance or preparation
                                                                      concerned within its territory or makes it subject to
                                                                      special provisions, the Member State in question shall
                                                                      notify the Commission and the other Member States
                                                                      thereof forthwith, indicating the reasons for its
                                                                      decision.
                                                                      2. Where the Commission considers that it is necessary
                                                                      to amend the Directive, such amendments shall be
                                                                      adopted in accordance with the procedure set out in
                                                                      Article 2a above.
                                                                      In such cases, the Member State which has introduced
                                                                      the protection measures may maintain them until these
                                                                      amendments have entered into force.
                                                     AMENDMENT No 4
Third recital                                                    Third recital
Whereas technical progress makes it necessary to adapt the       Whereas technical progress makes it necessary to adapt the
provisions contained in the Annex to Directive 76/769/           provisions contained in the Annex to Directive 76/769/
EEC promptly; whereas, to make it easier to implement the        EEC promptly; whereas, to simplify and speed up the
required measures, it is necessary to institute a procedure      procedure, the adoption of such measures shall be a matter
providing for close collaboration between the Member             for the Commission.
States and the Commission; whereas provision should be           In all cases where the Council delegates responsibility for
made to provide for such a procedure within a Committee          implementing provisions on dangerous substances and
and for such amendments to be adopted in accordance with         preparations to the Commission, there shall be thorough
the procedure laid down in Article 21 of Council Directive       consultation between the Commission and the Member
67/548/EEC of 27 June 1967 on the approximation of the           States within the framework of an advisory committee.
laws, regulations and administrative provisions relating to
the classification, packaging and labelling of dangerous
substances ('), as last amended by Directive 88/490/
EEC (2)
(') OJ No L 196, 16. 8. 1967, p. 1.
(2) OJ No L 259, 19. 9.1988, p. 1