or exclusion of certain materials from the scope of the future legislation is

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					                       EUROPEAN COMMISSION


                       Chemicals - Classification & Labelling, Specific Products, Competitiveness



                                                                    Brussels,
                                                                    DG ENTR/G2 Ares(2012)




             ANNOTATED AGENDA – MEETING OF AD-HOC WORKING GROUP 1



                          Revision of Regulation (EC) No 2003/2003
                         Ad-Hoc Working Group 1 – Overall Structure

             2nd meeting – 13 June (14.00 – 17.30) -14 June 2012 (9.30 – 17.30)

          Breydel building, meeting room 5/B (13 June pm) and 12/A (14 June)
                          45 av. d'Auderghem, 1040 Brussels

1.       Opening of the meeting and welcome
2.       Adoption of the agenda
3.       Adoption of the minutes of the last meeting
4.       Results of intersession discussions on definitions for categories
The Commission will summarise the discussions related to the definitions of the various
categories. A document will be circulated ahead of the meeting. WG 1 will be invited to
finalise the discussion on definitions for all product categories.


5.       Results of intersession discussions on the need to set up a negative list of
         ingredients
The Commission will summarise the comments received since the last meeting. WG 1
should finalise its reflections on whether a negative list of ingredients and/or exclusion of
certain materials from the scope of the future legislation is necessary.


6.       Results of the intersession discussions on the requirement to differentiate
         fertilisers from plant protection products
WG 1 concluded during its first meeting that there is a need to clearly differentiate
fertilisers from plant protection products (PPP). WG 1 will be invited to reflect further on
the possible addition of PPP to fertilisers and growing media. The Commission's view is
that mixtures of PPP and fertilisers should be regulated under the PPP legislation and not
under the future Fertiliser Regulation. Products with dual properties (such as copper salts)
should be regulated under both legal instruments depending on the claims and the
concentrations of the active substances concerned in the final products (a fertiliser should
normally be less concentrated than a PPP when being applied).

Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.
7.     Distinction between products for professional users and private consumers
The Commission will summarise the comments received during the intersession
discussion, which indicate that there is no need to distinguish and regulate differently
products destined to professionals and those sold to private consumer. Where necessary,
restrictions on the sale of certain products that might pose unacceptable risks when used
by the general public could be established in accordance with the relevant procedures
under the REACH Regulation (cf. sales to consumers of ammonium nitrate fertilisers
above 16% nitrogen by mass in relation to ammonium nitrate are prohibited under entry
58 of Annex XVII of REACH). Alternatively, the future Regulation itself could foresee a
mechanism for establishing restrictions on the sale to the general public of particular
products.


8.     Information on the New Approach (Option 6)
The Commission will explain in more details the relevant procedures, the role of industry
stakeholders and the possibilities for Member States authorities to influence processes in
the framework of the New Approach legislative format in general and via relevant case
studies (Toys, explosives and pyrotechnic articles).


9.     Review of the provisional results of WG2, WG3 and WG4 and reflection on
       how these could be implemented in the formats of Options 4, 5, or 6

The Commission will present the provisional results of the discussions in WG2, WG3,
and WG4. WG1 will be invited to start reflections on how these would be implemented
in the future Regulation, if either option 4, 5 or 6 were chosen:
- What information would be required for the various products (i.e. data requirements)?
- Who would be the actors and according to which mechanism/procedures would data be
   evaluated?
- What would be the related workload and costs for companies and authorities (both
   national and at EU level)?
- Which post-marketing possibilities and obligations (and for whom?) should be
   foreseen?


10.    Any other business




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