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COUNCIL DIRECTIVE
of 1 October 1985
amending for the sixth time (PCBs/PCTs) Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations
(85/467/EEC)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas polychlorinated biphenyls (PCBs) and polychlorinated terphenyls (PCTs) may constitute serious risks to health and to the environment;
Whereas it has been ascertained that, despite the restriction on the use of PCBs and PCTs introduced by Directive 76/769/EEC (3), as last amended by Directive 83/478/EEC (4), there is generally no indication that pollution of the environment by PCBs and PCTs has lessened significantly; whereas highly toxic substances may be given off in the event of fires; whereas therefore the threshold laid down in Directive 76/769/EEC of 0,1 % by weight of PCBs and PCTs in preparations must be substantially lowered;
Whereas, since Directive 76/769/EEC was adopted, substitutes have been developed which are considered less dangerous to human beings and the environment; whereas the continued marketing of PCBs and PCTs is therefore no longer justified under present circumstances, except in certain exceptional cases of limited duration;
Whereas the use of PCBs and PCTs in certain plant and equipment in service at present should continue to be authorized until they have been disposed of or until the end of the service life of the plant and equipment; whereas Member States may nevertheless ban the use of PCBs and PCTs within their territory before the end of the service life of the plant and equipment;
Whereas the Member States should be permitted to authorize exceptions to the ban on the use of PCBs and PCTs as primary and intermediate products were certain conditions are fulfilled, in particular where they consider that there is no danger to public health and the environment;
Whereas a more general ban on the use of PCBs and PCTs is not feasible at this stage; whereas, however, this Directive constitutes an important step towards such a ban,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Point 1 of Annex I to Directive 76/769/EEC is hereby replaced by the text in the Annex to this Directive.
2. Annex II to Directive 76/769/EEC is hereby amended as follows:
- the existing Annex II shall become Annex II, part A;
- part B below shall be added:
'B. Specific provisions relating to the labelling of products containing PCBs and PCTs
Without prejudice to the provisions of other Directives relating to the labelling of dangerous substances and preparations, Member States may require equipment and plant containing PCBs or PCTs also to display instructions concerning the disposal of PCBs and PCTs and the maintenance and use of equipment and plant containing them. These instructions must be capable of being read horizontally when the object containing the PCBs or PCTs is installed in the normal way. The inscription must stand out clearly from its background.
Member States may require the inscription to be in a language which is understood in their territory.'
Article 2
1. Member States shall take the measures necessary to comply with this Directive by 30 June 1986 at the latest. They shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive is addressed to the Member States.
Done at Luxembourg, 1 October 1985.