(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2003)0644)(1),

–   having regard to Articles 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0531/2003),

–   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 Legal Affairs (A6-0285/2005),

1.  Approves the Commission proposal as amended;

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

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

(1) Not yet published in OJ.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee(1),

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),

Whereas:

(1)  In view of the adoption of Regulation (EC) No .../... of the European Parliament and of the Council of ... [concerning the registration, evaluation, authorisation and restriction of chemicals](3), Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(4) should be adapted and its rules on the notification and risk assessment of chemicals should be deleted,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 67/548/EEC is amended as follows:

(1)  In Article 1, paragraph 1 is replaced by the following:

1.  The purpose of this Directive is to approximate the laws, regulations and administrative provisions of the Member States on the classification, packaging and labelling of substances dangerous to man and the environment, and of articles containing such substances, where such substances or articles are placed on the market in the Member States.

(2)  In Article 2, paragraph 1, points (c), (d), (f) and (g) are deleted;

(3)  Article 3 is replaced by the following:

Article 3

Testing and assessment of the properties of substances

Tests on substances carried out within the framework of this Directive shall be conducted according to the requirements of Article 12 of Regulation (EC) No  .../... of the European Parliament and of the Council of ... concerning the registration, evaluation, authorisation and restriction of chemicals*.

________________

* OJ L …

(4)  Article 5 is amended as follows:

(5)  Articles 7 to 20 are deleted;

(6)  Article 23 is amended as follows:

b)   the following paragraph 5 is added:

5.  In the case of articles containing substances authorised under Article 57 of Regulation (EC) No .../... [concerning the registration, evaluation, authorisation and restriction of chemicals], the label shall include a warning symbol. That symbol shall be defined by the Commission by …* in accordance with the procedure referred to in Article 29, and shall be included in the list contained in Annex II.

________________

* Two years after the date of entry into force of this Directive.

(7)  Article 27 is deleted;

(8)  Article 30 is replaced by the following:

Article 30

Free movement clause

Member States may not prohibit, restrict or impede the placing on the market of substances which comply with the requirements of this Directive, on grounds relating to classification, packaging or labelling within the meaning of this Directive.

(9)  Article 32 is deleted;

(10)  Annex V is deleted;

(11)  Annex VI is amended as follows:

(12)  Annexes VIIA, VIIB, VIIC, VIID and VIII are deleted.

Article 2

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ...(5). They shall forthwith inform the Commission thereof.

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.  Member States shall communicate to the Commission the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from ...(6).

This Directive is addressed to the Member States.

Done at

For the European Parliament For the Council

The President The President

(1) OJ C 112, 30.4.2004, p. 92. (2) Position of the European Parliament of 17 November 2005. (3) OJ L (4) OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1). (5) * Sixty days after the entry into force of Regulation (EC) No .../... [concerning the registration, evaluation, authorisation and restriction of chemicals]. (6) * 18 months after the date of entry into force of this Directive.