L 311/46 Official Journal of the European Union 27.11.2003 COMMISSION DECISION of 25 November 2003 concerning national provisions on the use of azodyes notified by Germany under Article 95(4) of the EC Treaty (notified under document number C(2003) 4356) (Only the German text is authentic) (Text with EEA relevance) (2003/829/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, and in particular Article 95(6) thereof, Whereas: I. FACTS By letter of the Permanent Representation of the Federal Republic of Germany to the European Union of 21 May 2003, the German Government, referring to Article 95(4) of the EC Treaty, notified to the Commission its national provisions on the use of azodyes that it deems necessary to maintain after the adoption of Directive 2002/61/EC of the European Parliament and of the Council of 19 July 2002 amending for the nineteenth time Council Directive 76/769/EEC relating to restric- tions on the marketing and use of certain dangerous substances and preparations (azocolourants) (). 1. Community legislation 1.1. Article 95(4) and (6) of the EC Treaty Article 95(4) of the EC Treaty provides that ‘If, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it neces- sary to maintain national provisions on grounds of major needs referred to in Article 30, or relating to the protection of the environment or the working environ- ment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.’ According to Article 95(6), the Commission shall, within six months of the notification, approve or reject the national provisions involved after having verified whether or not they are a means of arbitrary discrimina- tion or a disguised restriction on trade between Member States and whether or not they shall constitute an obstacle to the functioning of the internal market. () OJ L 243, 11.9.2002, p. 15. 1.2. Directive 2002/61/EC Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administra- tive provisions of the Member States relating to restric- tions on the marketing and use of certain dangerous substances and preparations (?), as last amended by Directive 2003/53/EC of the European Parliament and of the Council (%), establishes rules restricting the marketing and use of certain dangerous substances and prepara- tions. According to Article 1(1), the Directive applies to the dangerous substances and preparations listed in Annex L Article 2 provides that Member States shall take all necessary measures to ensure that the dangerous substances and preparations listed in Annex I may only be placed on the market or used subject to the condi- tions specified therein. Directive 76/769/EEC has been amended on several occasions, inter alia, to add new dangerous substances and preparations to Annex I thereto, thereby introducing the restrictions on their marketing or use that are neces- sary to protect human health or the environment. In certain cases, restrictions are also placed on the marketing or use of products treated with or containing those substances and preparations. Adopted on the legal basis of Article 95 of the EC Treaty, Directive 2002/61/EC of the European Parlia- ment and of the Council has inserted in Annex I to Directive 76/769/EEC a new point 43 concerning azoco- lourants, laying down rules on the marketing and use of these substances. () OJ L 262, 27.9.1976, p. 201. () OJL 178, 17.7.2003, p. 24.