THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/219/EEC of 23 April 1990 (1) on the contained use of genetically modified micro-organisms, as amended by Directive 94/51/EC (2), and in particular Article 4 thereof,

Whereas, for the purposes of Directive 90/219/EEC, genetically modified micro-organisms are classified into two groups using the criteria of Annex II; whereas it is further provided that guidelines shall be drawn up for such classification;

Whereas, in consequence, the Commission established by Decision 91/448/EEC (3), the guidelines for further interpretation of Annex II of Directive 90/219/EEC;

Whereas, given that as a result of experience, it has been considered appropriate to adapt to technical progress the criteria for classification set out in Annex II; it is therefore necessary to revise the guidelines for such classification;

Whereas the provisions of this Decision have received the favourable opinion of the Committee of Member States' representatives in accordance with the procedure laid down in Article 21 of Directive 90/219/EEC,

HAS ADOPTED THIS DECISION:

The Annex to Decision 91/448/EEC is replaced by the Annex hereto.

This Decision is addressed to the Member States.

Done at Brussels, 16 January 1996.

For the Commission
Ritt BJERREGAARD
Member of the Commission

(1) OJ No L 117, 8.5.1990, p. 1.
(2) OJ No L 217, 18.11.1994, p. 29.
(3) OJ No L 239, 28.8.1991, p. 23.