Article 2
This Decision is addressed to the Federal Republic of Germany. Done at Brussels, 25 November 2003. For the Commission Erkki Liikanen Member of the Commission (1) OJ L 243, 11.9.2002, p. 15. (2) OJ L 262, 27.9.1976, p. 201. (3) OJ L 178, 17.7.2003, p. 24. (4) See recital 2 of Directive 2002/61/EC. (5) See recital 3 of Directive 2002/61/EC. (6) See recital 4 of Directive 2002/61/EC. (7) Directive 2002/61/EC introduced in the Appendix to Directive 76/769/EEC, under "Point 43 - Azocolourants" a list of 22 aromatic amines. (8) Point 43.1 provides for a non-exhaustive list of articles. (9) Point 7 of Annex 1 includes thereafter a list of 20 amines. (10) OJ C 185, 5.8.2003, p. 3. (11) See, in relation to Article 30 of the EC Treaty, the European Court of Justice judgment of 23 September 2003 in case C-192/01, Commission v. Kingdom of Denmark, paragraph 46. (12) See the "Communication from the Commission concerning Article 95 (paragraphs 4, 5 and 6) of the Treaty establishing the European Community" (COM(2002)760 final, 23.12.2002), in particular its paragraph 13. (13) Opinion on Risk of cancer caused by textiles and leather goods coloured with azodyes expressed at the seventh SCTEE plenary meeting, Brussels, 18 January 1999. (14) The concern from the point of view of carcinogenic risks arises from the potential of azodyes to undergo in vivo reductive cleavage to aromatic amines, including the 22 amines classified by the EU or the MAK Commission as proven or suspected human carcinogens. (15) Opinion on: Report (final draft) on "Assessment of the risks to human health posed by azocolourants in toys, writing inks and paper products, and analysis of the advantages and drawbacks of restrictions on their marketing and use". Opinion expressed at the 24th SCTEE plenary meeting, Brussels, 12 June 2001. (16) See the European Court of Justice judgment of 20 March 2003 in case C-3/00, paragraphs 63 and 64.