Explanatory Memorandum to COM(1979)403 -

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This page contains a limited version of this dossier in the EU Monitor.

dossier COM(1979)403 - .
source COM(1979)403 EN
date 11-07-1979
   .    '    -    '

The aim of the proposal is-to extend the period laid down in Article 5 of Council Directive 76/T68/eEC.    .

1. Article 5 provides that on expiry of a three—year period from notification of the abovementioned Directive, i.e., on 30 July 1979' the substances and colouring agents listed in Annex IV shall?

- either be definitively permitted,

- or definitively prohibited (Annex*II),    "

—    or else retained for a period of three years in Annex IV,

—    or deleted from all Annexes to the Directive.

2. On 23 May 1979 the Commission forwarded to the Counoil a proposal

for a Council Directive amending for the first time Directive 76/768/EEC in order, among other things, to ensure compliance with Article 5 thereof*.

3. In view of the complexity of the problem, it will not be possible to meet the deadline of 30 July 1979*

4. Accordingly, it is proposed that the period laid down in Article 5

be extended to 31 December 1980.    .

5. The proposal is based on Article 100. Since its implementation does not appear to entail amendments to the laws of the Member States, there does not appear to be a need to consult the European Parliament

and the Economic and Social Committee.

SECOND THE DIRECTIVE 76/768/EgC

ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COS I® TIC PRODUCTS

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 100 thereof,

having regard to the proposal from the Commission,

Directive 76/768/EEC1 2, as amended by Directive . . on expiry of a three-year period from notification


Whereas Article 5 of Council ........, "2 Lays down that.


of the Directive, the substances and colouring agents Listed in Annex IV thereof Bhall either be definitively permitted, or definitively prohibited, or else retained for a further period of three years in Annex IV, or deleted from all Annexes;

Whereas, in view of the complexity of the problems to be solved, this deadline cannot be met and must therefore be extended,

HAS ADOPTED THIS DIRECTIVE?

Article 1

Directive 76/768/EEC. is .hereby amended as follows:

1' in the first paragraph of Article 5, the expression "For._a period, of three ...years, from _noti_fi_cat ion of this Directive" is replaced by "Until .31 December 1980".    ..    ,

2. , In the second paragraph of Article 5, the expression "On^expiry of the three year period" is replaced by "From 1 January 1981”".    .......

Article 2

1. Member States Bhall take all the measures necessary to comply

with this Directive by 30 July 1979 and shall forthwith inform the Commission thereof.

2. Once this Directive has been notified, the Member States Bhall also ensure that the Commission is informed, in sufficient time for it to submit its comments, of any other draft laws, regulations or administrative provisions which they propose to adopt in the field covered by this Directive.

Article 4

This Directive is addressed to the Member States.

1

0J No L 262, 27.9.1976, p. 169

2

0J No L ..........