Agreement on the European Economic Area

XV. DANGEROUS SUBSTANCES

ACTS REFERRED TO

1. 367 L 0548: 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 (OJ No 196, 16.8.1967, p. 1), as amended and supplemented by:

• 379 L 0831: Council Directive 79/831/EEC of 18 September 1979 (OJ No L 259, 15.10.1979, p. 10),

• 1 79 H: Acts concerning the Conditions of Accession and the Adjustments to the Treaties -Accession to the European Communities of the Hellenic Republic (OJ No L 291, 19.11.1979, p. 17),

• 384 L 0449: Commission Directive 84/449/EEC of 25 April 1984 (OJ No L 251, 19.9.1984, p. 1),

• 388 L 0302: Commission Directive 88/302/EEC of 18 November 1987 (OJ No L 133, 30.5.1988, p. 1) as corrected by OJ No L 136, 2.6.1988, p. 20,

• 390 D 0420: Commission Decision 90/420/EEC of 25 July 1990 on the classification and labelling of Di(2-ethylhexyl)phthalate in accordance with Article 23 of Council Directive 67/548/EEC (OJ No L 222, 17.8.1990, p. 49),

• 391 L 0325: Commission Directive 91/325/EEC of 1 March 1991 (OJ No L 180, 8.7.91, p. 1),

• 391 L 0326: Commission Directive 91/326/EEC of 5 March 1991 (OJ No L 180, 8.7.91, p. 79).

The Contracting Parties agree on the objective that the provisions of the Community acts on dangerous substances and preparations should apply by 1 January 1995. Finland shall comply with the provisions of the acts as from the entry into force of the seventh amendment to Council Directive 67/548/EEC. Pursuant to cooperation to be initiated from the signature of this Agreement in order to solve remaining problems, a review of the situation will take place during 1994, including matters not covered by Community legislation. If an EFTA State concludes that it will need any derogation from the Community acts relating to classification and labelling, the latter shall not apply to it unless the EEA Joint Committee agrees on another solution.

As regards the exchange of information, the following shall apply:

(i)

The EFTA States that comply with the acquis on dangerous substances and preparations shall give equivalent guarantees to those existing within the Community that:

• where the information is treated as confidential on the grounds of industrial and commercial secrecy within the Community, according to the provisions of the Directive, only those EFTA States which have taken over the relevant acquis shall participate in the exchange of information,

• confidential information will be afforded the same degree of protection in the EFTA States as that which obtains within the Community;

(ii)

All EFTA States will participate in the exchange of information concerning all other aspects as provided for in the Directive.

2. 373 L 0404: Council Directive 73/404/EEC of 22 November 1973 on the approximation of the laws of the Member States relating to detergents (OJ No L 347, 17.12.1973, p. 51), as amended by:

• 382 L 0242: Council Directive 82/242/EEC of 31 March 1982 on the approximation of the laws of the Member States relating to methods of testing the biodegradability of non-ionic surfactants and amending Directive 73/404/EEC (OJ No L 109, 22.4.1982, p. 1),

• 386 L 0094: Council Directive 86/94/EEC of 10 March 1986 (OJ No L 80, 25.3.1986, p. 51).

3. 373 L 0405: Council Directive 73/405/EEC of 22 November 1973 on the approximation of the laws of the Member States relating to methods of testing the biodegradability of anionic surfactants (OJ No L 347, 17.12.1973, p. 53), as amended by:

• 382 L 0243: Council Directive 82/243/EEC of 31 March 1982 (OJ No L 109, 22.4.1982, p. 18).

4. 376 L 0769: Council Directive 76/769/EEC of 27 July 1976 on the approximation of laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (OJ No L 262, 27.9.1976, p. 201), as amended by:

• 379 L 0663: Council Directive 79/663/EEC of 24 July 1979 supplementing the Annex to Council Directive 76/769/EEC (OJ No L 197, 3.8.1979, p. 37),

• 382 L 0806: Council Directive 82/806/EEC of 22 November 1982 (OJ No L 339, 1.12.1982, p. 55),

• 382 L 0828: Council Directive 82/828/EEC of 3 December 1982 (OJ No L 350, 10.12.1982, p. 34),

• 383 L 0264: Council Directive 83/264/EEC of 16 May 1983 (OJ No L 147, 6.6.1983, p. 9),

• 383 L 0478: Council Directive 83/478/EEC of 19 September 1983 (OJ No L 263, 24.9.1983, p. 33),

• 385 L 0467: Council Directive 85/467/EEC of 1 October 1985 (OJ No L 269, 11.10.1985, p. 56),

• 385 L 0610: Council Directive 85/610/EEC of 20 December 1985 (OJ No L 375, 31.12.1985, p. 1),

• 389 L 0677: Council Directive 89/677/EEC of 21 December 1989 (OJ No L 398, 30.12.1989, p. 19),

• 389 L 0678: Council Directive 89/678/EEC of 21 December 1989 (OJ No L 398, 30.12.1989, p. 24),

• 391 L 0173: Council Directive 91/173/EEC of 21 March 1991 (OJ No L 85, 5.4.1991, p. 34),

• 391 L 0338: Council Directive 91/338/EEC of 18 June 1991 (OJ No L 186, 12.7.1991, p. 59),

• 391 L 0339: Council Directive 91/339/EEC of 18 June 1991 (OJ No L 186, 12.7.91, p. 64).

The EFTA States will be free to limit access to their markets according to the requirements of their legislation existing at the date of entry into force of this Agreement, concerning:

• chlorinated organic solvents,

• asbestos fibres,

• mercury compounds,

• arsenic compounds,

• organostannic compounds,

• pentachlorophenol,

• cadmium,

• batteries.

The Contracting Parties shall jointly review the situation in 1995.

5. 378 L 0631: Council Directive 78/631/EEC of 26 June 1978 on the approximation of the laws of the Member States relating to the classification, packaging and labelling of dangerous preparations (pesticides) (OJ No L 206, 29.7.1978, p. 13), as amended by:

• 381 L 0187: Council Directive 81/187/EEC of 26 March 1981 (OJ No L 88, 2.4.1981, p. 29),

• 384 L 0291: Commission Directive 84/291/EEC of 18 April 1984 (OJ No L 144, 30.5.1984, p. 1).

The EFTA States will be free to limit access to their markets according to the requirements of their legislation existing at the date of entry into force of this Agreement. New EC rules will be dealt with according to the procedures laid down in Articles 97 to 104 of the Agreement.

6. 379 L 0117: Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (OJ No L 33, 8.2.1979, p. 36), as amended by:

• 383 L 0131: Commission Directive 83/131/EEC of 14 March 1983 (OJ No L 91, 9.4.1983, p. 35),

• 385 L 0298: Commission Directive 85/298/EEC of 22 May 1985 (OJ No L 154, 13.6.1985, p. 48),

• 386 L 0214: Council Directive 86/214/EEC of 26 May 1986 (OJ No L 152, 6.6.1986, p. 45),

• 386 L 0355: Council Directive 86/355/EEC of 21 July 1986 (OJ No L 212, 2.8.1986, p. 33),

• 387 L 0181: Council Directive 87/181/EEC of 9 March 1987 (OJ No L 71, 14.3.1987, p. 33),

• 387 L 0477: Commission Directive 87/477/EEC of 9 September 1987 (OJ No L 273, 26.9.1987, p. 40),

• 389 L 0365: Council Directive 89/365/EEC of 30 May 1989 (OJ No L 159, 10.6.1989, p. 58),

• 390 L 0533: Council Directive 90/533/EEC of 15 October 1990 (OJ No L 296, 27.10.1990, p. 63),

• 391 L 0188: Commission Directive 91/188/EEC of 19 March 1991 (OJ No L 92, 13.4.1991, p. 42).

The EFTA States will be free to limit access to their markets according to the requirements of their legislation existing at the date of entry into force of this Agreement. New EC rules will be dealt with according to the procedures laid down in Articles 97 to 104 of the Agreement.

7. 382 L 0242: Council Directive 82/242/EEC of 31 March 1982 on the approximation of the laws of the Member States relating to methods of testing the biodegradability of non-ionic surfactants and amending Directive 73/404/EEC (OJ No L 109, 22.4.1982, p, 1),

8. 387 L 0018: Council Directive 87/18/EEC of 18 December 1986 on the harmonization of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their application for tests on chemical substances (OJ No L 15, 17.1.1987, p. 29).

9. 388 L 0320: Council Directive 88/320/EEC of 9 June 1988 on the inspection and verification of good laboratory practice (GLP) (OJ No L 145, 11.6.1988, p. 35), as amended by:

• 390 L 0018: Commission Directive 90/18/EEC of 18 December 1989 (OJ No L 11, 13.1.1990, p. 37).

10. 388 L 0379: Council Directive 88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (OJ No L 187, 16.7.1988, p. 14), as amended by:

• 389 L 0178: Commission Directive 89/178/EEC of 22 February 1989 (OJ No L 64, 8.3.1989, p. 18),

• 390 L 0035: Commission Directive 90/35/EEC of 19 December 1989 (OJ No L 19, 24.1.1990, p. 14),

• 390 L 0492: Commission Directive 90/492/EEC of 5 September 1990 (OJ No L 275, 5.10.1990, p. 35), as corrected by OJ No L 321, 21.11.1990, p. 19,

• 391 L 0155: Commission Directive 91/155/EEC of 5 March 1991 (OJ No L 76, 22.3.1991, p. 35).

The Contracting Parties agree on the objective that the provisions of the Community acts on dangerous substances and preparations should apply by 1 January 1995. Finland shall comply with the provisions of the acts as from the entry into force of the seventh amendment to Council Directive 67/548/EEC. Pursuant to cooperation to be initiated from the signature of this Agreement in order to solve remaining problems, a review of the situation will take place during 1994, including matters not covered by Community legislation. If an EFTA State concludes that it will need any derogation from the Community acts relating to classification and labelling, the latter shall not apply to it unless the EEA Joint Committee agrees on another solution.

As regards the exchange of information, the following shall apply:

(i)

The EFTA States that comply with the acquis on dangerous substances and preparations shall give equivalent guarantees to those existing within the Community that:

• where the information is treated as confidential on the grounds of industrial and commercial secrecy within the Community, according to the provisions of the Directive, only those EFTA States which have taken over the relevant acquis shall participate in the exchange of information,

• confidential information will be afforded the same degree of protection in the EFTA States as that which obtains within the Community;

(ii)

all EFTA States will participate in the exchange of information concerning all other aspects as provided for in the Directive.

11. 391 0157: Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances (OJ No L 78, 26.3.1991, p. 38).

The EFTA States will be free to limit access to their markets according to the requirements of their legislations existing at the time of entry into force of this Agreement concerning batteries. The Contracting Parties shall jointly review the situation in 1995.

12. 391 R 0594: Council Regulation (EEC) No 594/91 of 4 March 1991 on substances that deplete the ozone layer (OJ No L 67, 14.3.1991, p. 1).

The EFTA States may apply their national legislation, existing at the date of entry into force of this Agreement. The Contracting Parties shall organize practical ways of cooperation. They shall jointly review the situation in 1995.

ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE

The Contracting Parties take note of the content of the following acts:

13. 389 X 0542: Commission Recommendation 89/542/EEC of 13 September 1989 for the labelling of detergents and cleaning products (OJ No L 291, 10.10.1989, p. 55).

14. C/79/82/p. 3: Communication concerning Commission Decision 81/437/EEC of 11 May 1981 laying down the criteria in accordance with which information relating to the inventory of chemical substances is supplied by the Member States to the Commission (OJ No C 79, 31.3.1982, p. 3).

15. C/146/90/p. 4: Publication of the EINECS inventory (OJ No C 146, 15.6.1990, p. 4).