Directive 2008/31 - Amendment of Directive 98/8/EC concerning the placing of biocidal products on the market, as regards the implementing powers conferred on the Commission

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This directive was in effect from March 21, 2008 until August 31, 2013.

2.

Key information

official title

Directive 2008/31/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 98/8/EC concerning the placing of biocidal products on the market, as regards the implementing powers conferred on the Commission
 
Legal instrument Directive
Number legal act Directive 2008/31
Original proposal COM(2006)923 EN
CELEX number i 32008L0031

3.

Key dates

Document 11-03-2008
Publication in Official Journal 20-03-2008; OJ L 81, 20.3.2008,Special edition in Croatian: Chapter 03 Volume 069
Effect 21-03-2008; Entry into force Date pub. +1 See Art 2
End of validity 31-08-2013; Repealed by 32012R0528

4.

Legislative text

20.3.2008   

EN

Official Journal of the European Union

L 81/57
 

DIRECTIVE 2008/31/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2008

amending Directive 98/8/EC concerning the placing of biocidal products on the market, as regards the implementing powers conferred on the Commission

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),

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

Whereas:

 

(1)

Directive 98/8/EC of the European Parliament and of the Council (3) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).
 

(2)

Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.
 

(3)

In accordance with the statement by the European Parliament, the Council and the Commission (5) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.
 

(4)

The Commission should be empowered to adopt common conditions on research and development, to adapt the annexes and to adopt the review programme. Since those measures are of general scope and are designed to amend non-essential elements of Directive 98/8/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
 

(5)

Directive 98/8/EC should therefore be amended accordingly.
 

(6)

Since the amendments made to Directive 98/8/EC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments

Directive 98/8/EC is hereby amended as follows:

 

1.

Article 10(5) shall be amended as follows:

 

(a)

the third subparagraph of point (i) shall be replaced by the following:

‘The assessment shall be circulated in accordance with Article 11(2) for a decision to be adopted by the Commission in accordance with the procedure laid down in Article 27. That decision, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 28(4).’;
 

(b)

point 5 of point (ii) shall be replaced by the following:

 

‘5.

the complete data dossiers of the evaluation serving or having served for entry in Annexes I, IA or IB shall be put at the disposal of the committee referred to in Article 28(1).’;
 

2.

Article 11(4) shall be replaced by the following:

‘4.   On receipt of the evaluation, the Commission shall, in accordance with Article 27, prepare a proposal without undue delay for a decision to be taken at the latest 12 months after the receipt of the evaluation...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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7.

Full version

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8.

EU Monitor

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