THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms [1], as last amended by Directive 98/81/EC [2], and in particular Article 20a thereof,

Having regard to the proposal from the Commission [3],

Whereas:

(1) According to Article 3 of Directive 90/219/EEC, that Directive is not to apply for contained uses involving only types of genetically modified micro-organisms (GMMs) meeting the criteria listed in Annex II, Part B, which establish their safety to human health and the environment.

(2) By virtue of Article 20a of Directive 90/219/EEC, the criteria establishing the safety to human health and the environment of types of genetically modified mircro-organisms to be listed in Annex II, Part C, to that Directive should be adopted before 5 December 2000. In order to facilitate the application of those criteria the Commission should be able to adopt detailed guidance notes in accordance with the procedure referred to in Article 21 of that Directive.

(3) The provisions of Directive 90/219/EEC should be adapted to take account of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [4].

(4) Directive 90/219/EEC should be amended accordingly,

HAS ADOPTED THIS DECISION:

Directive 90/219/EEC is amended as follows:

1. In Article 20, "decided in accordance with the procedure defined in Article 21" is replaced by "adopted in accordance with the procedure referred to in Article 21(2)."

2. Article 21 is replaced by the following:

"Article 21
1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission.
2. Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Council Decision 1999/468/EC* shall apply, in compliance with Article 7 thereof.
3. The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.

3. Annex II, Part B, is replaced by the text in the Annex to this Decision.

This Decision is addressed to the Member States.

Done at Brussels,

For the Council
The President

__________
[1] OJ L 117, 8.5.1990, p. 1.
[2] OJ L 330, 5.12.1998, p. 13.
[3] OJ C
[4] OJ L 184, 17.7.1999, p. 23.
* OJ L 184, 17.7.1999, p. 23."