CELEX: 51993PC0633
Language: en
Date: 1993-12-01
Title: Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending for the fourteenth 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

COMVIISSION OF THE EUROPEAN COMMUNITIES
                                                                  C0M(93) 633 final - COD 456
                                                                  Brussels, 1 December 1993
WB&MBÊtAI
                                                Amended proposal for a
ffs'l
                                     EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
                        amending   for   the fourteenth    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
                             (presented by the Commission pursuant to Article 189 A (2)
                                                  of the EC-Treaty)
 fc»i f. (-^^'^tfjtt
            •ju m»iïâ
 ---pagebreak---                           EXPLANATORY MEMORANDUM
Further to the Opinion given by the European Parliament*1^ on 27th
October 1993 on the proposal for a Council Directive amending for the
fourteenth time Directive 76/769/EEC^2^ ©n the approximation of the
laws, regulations and administrative provisions of the Member States
relating to restrici tons on the marketing and use of certain dangerous
substances and preparations and in accordance with the second paragraph
of Article 189a of the Treaty on European Union, the Commission has
decided to amend the aforementioned proposal.
The Commission has approved the following amendments:
    delay of entry into force to allow more time to manufacturers and
    especially to retailers to clear stocks of the products affected.
    undertaking by the Commission to publish details of test methods
    before entry into force so as to provide assurance that conformity
    with the provisions of the Directive can be checked.
On the other hand the Commission has rejected the following amendment:
    replacement of the control measures applying to certain products by
    a requirement to label such products, as labelling would be
     insufficient to protect the health of consumers.
(1)
(2) OJ No. C 116 of 27.4.93 p. 18
 ---pagebreak---                         Amended proposal for a
             EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE
amending   for   the  fourteenth   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
     (presented by the Commission pursuant to Article 189 A (2)
                          of the EC-Treaty)
 ---pagebreak--- Further to the Opinion given by the European Par Iiament*1) on 27th
October 1993 on the proposal for a Council Directive amending for the
fourteenth time Directive 76/769/EEC*2) on the approximation of the
laws, regulations and administative provisions of the Member States
relating to restrictions on the marketing and use of certain dangerous
substances and preparations and in accordance with the second paragraph
of Article 189a of the Treaty on European Union, the Commission has
decided to amend the aforementioned proposal as follows:
The text of Article 2 is replaced by the following text:
"1. Member States shall adopt and publish the laws, regulations and
administrative provisions necessary to comply with this Directive no
later than one year after the date of its adoption and shall fortwith
inform the Commission thereof. They shall apply these provisions so
that no manufacturer or importer may place on the market products which
fail to comply with this Directive six months after the date stated
above-, Member States shall apply these provisions so that products
which fail to comply with this Directive cannot be sold or disposed of
to the final consumer 2 years after the date stated above.
2. The Commission will publish in the Official Journal of the European
Communities within one year of the adoption of this Directive the
details of the test methods to be used in demonstrating conformity with
the provisions of the Directive.
3. When Member States adopt the abovementloned provisions, these shall
contain a reference to this Directive or shall be accompanied by such
reference at the time of their official publication. The procedure for
such reference shall be adopted by the Member States."
(D
(2) OJ No. C116 of 27.4.93 p. 18
 ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(93) 633 final
                                                      DOCUMENTS
EN                                                                          05 06
                                 Catalogue number : CB-CO-93-672-EN-C
                                                             ISBN 92-77-62373-X
Office for Official Publications of the European Communities
L-2985 Luxembourg