Council Regulation (EEC) No 1734/88 of 16 June 1988 concerning export from and import into the Community of certain dangerous chemicals

COUNCIL  REGULATION (EEC) No 1734/88
of 16 June 1988
concerning export from and import into the Community of certain dangerous chemicals
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 130 S thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas certain provisions of Community legislation, and in particular Directives 76/769/EEC (4), and 79/117/EEC (5), restrict the marketing and use of certain dangerous substances and 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 protection of man and the environment;
Whereas measures are necessary for the protection of man and the environment, both in the Community and in third countries;
Whereas schemes for notification and information concerning international trade in such substances have been set up within the framework of international organizations, namely the Organization for Economic 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 Regulation applies should be made subjects to a common notification 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 information on the implementation of the international notification scheme;
Whereas to this end the Commission will report to the Council and to the European Parliament, before 1 January 1990 and thereafter every two years, in particular on any possible reaction from the country of destination; whereas on the basis of this report, and on a proposal from the Commission, the Council will consider. before 1 July 1990, the possibility of introducing into this Regulation the principle of prior informed choice;
Whereas the list of chemicals in Annex I 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 to facilitate the amendment of Annex II, a system should be set up providing for close collaboration between the Member States and the Commission by means of the Committee for the adaptation of that Annex to technical progress;
Whereas the Commission, in the light of the operation of this Regulation, may propose to the Council appropriate amendments thereto,