Division 3.2 Council Directive 76/769/EEC of 27 July 1976 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

As regards Directive 76/769/EEC, the Commission should be empowered to adapt the Annexes thereto to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Directive 76/769/EEC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

When, on imperative grounds of urgency, such as an urgent need to strengthen restrictions on the marketing or use of dangerous substances, the normal time limits for the regulatory procedure with scrutiny cannot be complied with, the Commission should be able to apply the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC.

Accordingly, Directive 76/769/EEC is hereby amended as follows:

1. 1..

   Article 2a shall be replaced by the following:

   ‘Article 2a

   The Commission may adapt the Annexes to this Directive to technical progress with regard to substances and preparations covered by this Directive. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 2b(2). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 2b(3).’;

2. 2..

   the following Article shall be inserted:

   ‘Article 2b

   1.

   The Commission shall be assisted by the Committee established by Article 29(1) of Council Directive 67/548/EEC^f2

   2.

   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

   3.

   Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’