REPORT on the proposal for a decision of the European Parliament and of the Council amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC in order to adapt them to Regulation (EC) … on Classification, Labelling and Packaging of Substances and Mixtures, and amending Directive 67/548/EEC and Regulation (EC) No 1907/2006

9.4.2008 - (COM(2007)0611 – C6‑0347/2007 – 2007/0212(COD)) - ***I

Committee on the Environment, Public Health and Food Safety
Rapporteur: Amalia Sartori

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a decision of the European Parliament and of the Council amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC in order to adapt them to Regulation (EC) … on Classification, Labelling and Packaging of Substances and Mixtures, and amending Directive 67/548/EEC and Regulation (EC) No 1907/2006

(COM(2007)0611 – C6‑0347/2007 – 2007/0212(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0611),

–   having regard to Articles 251(2), 95 and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0347/2007),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on the Internal Market and Consumer Protection (A6‑0142/2008),

1.  Approves the Commission proposal;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

EXPLANATORY STATEMENT

The United Nations Economic and Social Council adopted in 2003 a Globally Harmonised System of Classification and Labelling of Chemicals (GHS), in order to facilitate global trade in chemicals by introducing a common system for hazard communication. The World Summit on Sustainable Development in Johannesburg encouraged countries to implement it without delay and have it fully operational by the end of 2008.

The overall aim of harmonising the classification and labelling of hazardous chemicals is to improve the level of protection of human health and the environment throughout the world.

Implementing the GHS in the EU requires certain changes to the existing legislation. A proposal for a Regulation on the classification, labelling and packaging of substances and mixtures and amending Directive 67/548/EEC and Regulation (EC) No 1907/2006 will be the vehicle for bringing the principles of GHS into the European legislation while largely building on the existing EU system. This proposal is accompanied by two other proposals on downstream legislation - a proposal amending the regulation on detergents and another proposal amending directives on cosmetics, toys, emissions of volatile organic compounds (VOCs), end-of-life vehicles and waste electrical and electronic equipment (WEEE).

For amending the six directives, the Commission has chosen a Decision as a legal instrument. The directives have already been transposed into Member States' legislation and their legal nature will not be affected by the new regulation. The amendments to the directives must again be transposed into national legislation in due course.

The Commission proposal

Changes proposed by the Commission to downstream acts are fairly limited. They mainly adapt provisions, which refer to classification of substances in the six directives, to correspond to the 'main' regulation on classification, labelling and packaging of substances and mixtures, without adding other elements. Where necessary, they adapt the existing provisions to the new terminology resulting from the new criteria and the new hazard statements. The term 'mixture' is introduced to replace the term 'preparation' in all provisions. References to testing methods are also updated in line with REACH (Regulation 1907(2006)).

Your rapporteur does not propose any amendments to the proposal for Decision at this point, but reserves a right to reconsider her position at later stages of the legislative procedure.

OPINION of the Committee on the Internal Market and Consumer Protection (27.3.2008)

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a decision of the European Parliament and of the Council amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC in order to adapt them to Regulation (EC) ... on Classification, Labelling and Packaging of Substances and Mixtures, and amending Directive 67/548/EEC and Regulation (EC) No 1907/2006
(COM(2007)0611 – C6‑0347/2007 – 2007/0212(COD))

Draftsman: Andreas Schwab

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SHORT JUSTIFICATION

The European Commission has tabled a proposal for a regulation on classification, labelling and packaging of substances and mixtures[1] which implements in the EU the international criteria agreed by the United Nations Economic and Social Council for the classification and labelling of hazardous substances and mixtures. This is also known as the Globally Harmonised System (GHS). The objective is to ensure a high level of protection of human health and the environment, while guaranteeing the free movement of substances and mixtures within the internal market.

The proposal for this regulation is accompanied by two other Communications which propose technical changes to downstream legislation. It is necessary to bring this downstream legislation in line with the GHS proposals.

This opinion is related to COM(2007)0611[2] which is proposing amendments to a number of directives, namely:

- Directive 76/768/EEC on the approximation of laws of the Member States relating to cosmetic products

- Directive 88/378/EEC on the approximation of laws of the Member States concerning the safety of toys

- Directive 1999/13/EC on the limitations of volatile organic compounds due to the use of organic solvents in certain activities and installations

- Directive 2000/53/EC on the end-of-life vehicles

- Directive 2002/96/EC on waste electrical and electronic equipment

- Directive 2004/42/EC on the limitations of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products.

A separate opinion has been prepared for the COM(2007)0613[3] which proposes amendments to the Regulation (EC) No 648/2004, known as the detergent regulation.

The intent of these proposals is to align the terminology to the GHS, as well as adapt the cross-references between the texts. Hence, no amendments to these two Communications are proposed.

******

Conclusions

The Committee on the Internal Market and Consumer Protection calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to propose approval of the proposal for a decision of the European Parliament and of the Council amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC in order to adapt them to Regulation (EC) ... on Classification, Labelling and Packaging of Substances and Mixtures, and amending Directive 67/548/EEC and Regulation (EC) No 1907/2006.

PROCEDURE

Title	Classification, labelling and packaging of substances and mixtures (amendment of Directives 76/768/EEC, 88/378/EEC, 1999/13/EC, 2000/53/EC, 2002/96/EC and 2004/42/EC)
References	COM(2007)0611 – C6-0347/2007 – 2007/0212(COD)
Committee responsible	ENVI
Opinion by        Date announced in plenary	IMCO 23.10.2007
Drafts(wo)man        Date appointed	Andreas Schwab 21.11.2007
Discussed in committee	22.1.2008
Date adopted	26.3.2008
Result of final vote	+: –: 0:	37 0 0
Members present for the final vote	Cristian Silviu Buşoi, Charlotte Cederschiöld, Gabriela Creţu, Mia De Vits, Janelly Fourtou, Vicente Miguel Garcés Ramón, Evelyne Gebhardt, Małgorzata Handzlik, Malcolm Harbour, Edit Herczog, Iliana Malinova Iotova, Pierre Jonckheer, Alexander Lambsdorff, Kurt Lechner, Lasse Lehtinen, Toine Manders, Arlene McCarthy, Catherine Neris, Zita Pleštinská, Giovanni Rivera, Zuzana Roithová, Luisa Fernanda Rudi Ubeda, Heide Rühle, Christel Schaldemose, Andreas Schwab, Bernadette Vergnaud, Barbara Weiler, Marian Zlotea
Substitute(s) present for the final vote	Emmanouil Angelakas, Šarūnas Birutis, Giovanna Corda, Benoît Hamon, Joel Hasse Ferreira, Filip Kaczmarek, Othmar Karas, Joseph Muscat, Gary Titley

• [1]  COM(2007)355 of 27.6.2007
• [2]  COM(2007)0611 of 16.10.2007 on a Proposal for a decision of the European Parliament and of the Council amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC in order to adapt them to Regulation (EC) ... on Classification, Labelling and Packaging of Substances and Mixtures, and amending Directive 67/548/EEC and Regulation (EC) No 1907/2006.
• [3]  COM(2007)0613 of 17.10.2007 on a Proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 648/2004 in order to adapt it to Regulation (EC) No ... on Classification, Labelling and Packaging of Substances and Mixtures, and amending Directive 67/548/EEC and Regulation (EC) No 1907/2006.

PROCEDURE

Title	Classification, labelling and packaging of substances and mixtures (amendment of Directives 76/768/EEC, 88/378/EEC, 1999/13/EC, 2000/53/EC, 2002/96/EC and 2004/42/EC)
References	COM(2007)0611 – C6-0347/2007 – 2007/0212(COD)
Date submitted to Parliament	16.10.2007
Committee responsible        Date announced in plenary	ENVI 23.10.2007
Committee(s) asked for opinion(s)        Date announced in plenary	ITRE 23.10.2007		IMCO 23.10.2007
Not delivering opinions        Date of decision	ITRE 22.11.2007
Rapporteur(s)        Date appointed	Amalia Sartori 6.12.2007
Discussed in committee	28.1.2008		26.3.2008
Date adopted	2.4.2008
Result of final vote	+: –: 0:	54 0 1
Members present for the final vote	Adamos Adamou, Georgs Andrejevs, Liam Aylward, Johannes Blokland, John Bowis, Frieda Brepoels, Martin Callanan, Dorette Corbey, Chris Davies, Avril Doyle, Mojca Drčar Murko, Edite Estrela, Anne Ferreira, Karl-Heinz Florenz, Matthias Groote, Françoise Grossetête, Satu Hassi, Gyula Hegyi, Jens Holm, Caroline Jackson, Dan Jørgensen, Christa Klaß, Urszula Krupa, Aldis Kušķis, Peter Liese, Jules Maaten, Marios Matsakis, Linda McAvan, Roberto Musacchio, Riitta Myller, Vladko Todorov Panayotov, Vittorio Prodi, Frédérique Ries, Guido Sacconi, Amalia Sartori, Karin Scheele, Horst Schnellhardt, Richard Seeber, Kathy Sinnott, Bogusław Sonik, Antonios Trakatellis, Evangelia Tzampazi, Thomas Ulmer, Marcello Vernola, Anja Weisgerber, Åsa Westlund, Glenis Willmott
Substitute(s) present for the final vote	Antonio De Blasio, Christofer Fjellner, Johannes Lebech, Kartika Tamara Liotard, Miroslav Mikolášik, Bart Staes, Andres Tarand, Lambert van Nistelrooij