(3)

the following Articles are inserted: ‘Article 6a Initiation of a procedure for review and amendment of the list of restricted substances 1. Within 12 months of receipt of the request from the Commission as referred to in Article 6(2), first subparagraph, the Agency shall prepare a restriction dossier in accordance with Article 6(2), and shall propose restrictions in order to initiate the procedure for review and amendment of the list of restricted substances (the “restriction process”). 2. Where a Member State intends to prepare a restriction dossier, it shall notify the Agency at least 12 months in advance of the submission of that restriction dossier. If the restriction dossier demonstrates that action on a Union-wide basis is necessary, beyond any measures already in place, the Member State shall submit it to the Agency in order to initiate the restriction process. 3. The Agency shall, without delay, make available to the public on its website the intention of the Commission or the Member State to initiate the restriction process. 4. The Agency shall establish and maintain a list of substances for which a restriction dossier is intended or is being prepared by either the Agency or a Member State for the purposes of a proposed restriction. 5. The Agency shall consult the Committee for Risk Assessment and the Committee for Socioeconomic Analysis. The Committees shall verify whether the restriction dossier submitted meets requirements referred to in Article 6(2). Within 30 days of receipt of the restriction dossier, the Committees shall inform the Agency or the Member State proposing restrictions whether the dossier meets the requirements referred to in Article 6(2). If the dossier does not meet those requirements, the Committees shall provide the Agency or the Member State with the reasons therefor, in writing, within 45 days of receipt of that dossier. The Agency or the Member State shall bring the dossier into conformity within 60 days of the date of receipt of the reasons from the Committees, otherwise the procedure under this Article shall be terminated. 6. Where the restriction dossier meets the requirements referred to in Article 6(2), the Agency shall make it publicly available without delay, clearly indicating the date of publication. The Agency shall invite all interested parties, including economic operators, recyclers, treatment operators, environmental organisations and employee and consumer associations to submit, individually or jointly, within 4 months of the date of the publication of the dossier, the following: The socioeconomic analysis referred to in the first subparagraph, point (b), shall meet the requirements set out in Annex XVI to Regulation (EC) No 1907/2006 that relate to the criteria set out in Article 6(1) of this Directive. Article 6b Opinion of the Agency’s Committees 1. Within 12 months of the date of publication referred to in Article 6a(6), the Committee for Risk Assessment shall adopt an opinion as to whether the restriction is appropriate in reducing the detrimental effects and exposure referred to in Article 6(1). That opinion shall take account of the restriction dossier prepared by the Agency, at the request of the Commission, or by the Member State, and the comments of interested parties submitted pursuant to Article 6a(6), point (a). 2. Within 15 months of the date of publication referred to in Article 6a(6), the Committee for Socioeconomic Analysis shall adopt an opinion on the proposed restrictions, based on its consideration of the relevant parts of the dossier and the of socioeconomic impact of the proposed restrictions, taking account of any existing analysis or information submitted pursuant to Article 6a(6), point (b). Prior to adopting its opinion, the Committee for Socioeconomic Analysis shall prepare a draft of that opinion and shall submit it to the Agency. 3. The Agency shall publish the draft opinion of the Committee for Socioeconomic Analysis on its website without delay and invite interested parties to provide their comments on the draft opinion no later than 60 days from its publication. 4. The Committee for Socioeconomic Analysis shall adopt its opinion without delay, taking into account the comments of interested parties submitted in accordance with Article 6a(6), point (a), and paragraph 3 of this Article. 5. Where the opinion of the Committee for Risk Assessment diverges significantly from the restrictions proposed, the Agency shall postpone the deadline for the opinion of the Committee for Socioeconomic Analysis by a maximum of 90 days. 6. For the purpose of adopting opinions pursuant to this Article, Article 87 of Regulation (EC) No 1907/2006 shall apply mutatis mutandis. Article 6c Submission of an opinion to the Commission 1. The Agency shall submit to the Commission, without delay, the opinions of the Committees for Risk Assessment and Socioeconomic Analysis adopted pursuant to Article 6b. Where the opinions of the Committees for Risk Assessment and Socioeconomic Analysis diverge significantly from the proposed restrictions, the Agency shall submit an explanatory note to the Commission providing a detailed explanation of the reasons for those divergences. If one or both of the Committees do not adopt an opinion by the deadlines set in Article 6b(1) and (2), the Agency shall inform the Commission accordingly, stating the reasons. 2. The Agency shall publish the opinions of the Committees for Risk Assessment and Socioeconomic Analysis on its website without delay. 3. The Agency shall, on request, provide the Commission or Member State with all documents and evidence submitted to or considered by it.’ ; comments on the restriction dossier and the proposed restrictions; a socioeconomic analysis, including an analysis of possible substitutes and other alternatives, or information relevant to the examination of the advantages and disadvantages of one of the proposed restrictions.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-14 · Text as adopted (Official Journal); later amendments are not incorporated in this text.