51995AP0191

A4-0191/95

Proposal for a European Parliament and Council Directive amending for the sixteenth time Council 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(94)0570 - C4-0270/94 - 94/0287(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Article 2, first paragraph

>Original text>

Member States shall bring into force and publish the laws, regulations and administrative provisions necessary to comply with this Directive by .... They shall immediately inform the Commission thereof. They shall apply the provisions from ....

>Text following EP vote>

Member States shall bring into force and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 1997. They shall immediately inform the Commission thereof. They shall apply the provisions from 1 January 1998.

(Amendment 2)

ANNEX

Annex I to Directive 76/769/EEC, right-hand column, 2nd paragraph

>Original text>

By way of derogation, Member States may allow on their territories the use of hexachloroethane for grain refining in the production of the magnesium alloys AZ 81, AZ 91 and AZ 92.

>Text following EP vote>

By way of derogation, Member States may allow on their territories the use of hexachloroethane (HCE):

(1) in non-integrated foundries casting aluminium consuming no more than 1.5 kilogramme per day HCE. In view of the development in knowledge and techniques in the field of substitutional products the Commission will carry out in agreement with the Member States a review of this exceptional rule before 31 December 1996;

(2) for grain refining in the production of the magnesium alloys AZ 81, AZ 91 and AZ 92. In view of the development in knowledge and techniques in the field of substitutional products the Commission will carry out in agreement with the Member States a review in 1996 of this exceptional rule.

Legislative resolution embodying the opinion of the European Parliament on the proposal for a European Parliament and Council Directive amending for the sixteenth time Council 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(94)0570 - C4-0270/94 - 94/0287(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(94)0570 - 94/0287(COD) (( OJ C 382, 31.12.1994, p. 35.)),

- having regard to Articles 189b(2) and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0270/94),

- having regard to Rule 58 of its Rules and Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinion of the Committee on Budgets (A4-0191/95),

1. Approves the Commission proposal subject to Parliament's amendments;

2. Calls on the Commission to amend its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.