COMVIISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 186 flnal " SYN 239 
Brussels, 4 June 1991 
Re-examined proposal for a 
COUNCIL PIRECTIVE 
and amending for the 11th time Directive 76/769/EEC 
on the approximation of the laws, regulations and 
administrative provisions of the Member States 
relating to restrictions on the marketing 
use of certain dangerous substances and préparât I ons 
(presented by the Commission pursuant to Article 149.2(d) 
of the EEC treaty) 
EXPLANATORY MEMORANDUM 
On 17 April 1991 the European Parliament amended the common 
position adopted by the Council on 5 February 1991 on the 
abovementioned proposal. 
Pursuant to Article 149(2)(d) of the EEC Treaty, the 
Commission has re-examined its proposal and decided: 
to accept the first part of amendment No 3; 
not to accept amendment No 1 and the second part of 
amendment No 3, as annexed. 
The Commission is of the opinion that: 
amendment No 1, a recital referring to the Sixth 
Luxembourg Report, Is out of place In such a proposal; 
the second part of amendment No 3 referring to disposal 
plans fpr UGILEC 141 Is unnecessary. There Is already 
a proposal for a Council Directive on this subject. 
This proposal takes account of the amendment requested by 
the European Parliament which the Commission has been able 
to accept. 
RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE 
amending for the 11th time 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 
In Article 1 of Annex I, paragraph 1 in the right-hand 
column of point 25 is hereby amended as follows: 
"In the case of plant and machinery already in service three 
years after the date of adoption of this Directive, until 
such plant and machinery is disposed of or until It reaches 
the end of its service life, which shall be no later than 
eight years after adoption of this Directive for mining 
machinery and fifteen years for transformers." 
z 
ANNEX 
(Amendments not accepted by the Commission) 
Amendment No 1 Introducing a new recital 9a worded as 
fOIlOWS: 
"Whereas substitutes for use as hydraulic fluids In mining 
that satisfy all the provisions of the Sixth Luxembourg 
Report on requirements and tests for non-flammable hydraulic 
fluids for hydrostatic and hydrokinetlc transmission and 
steering In mining operations, particularly the fire test 
and the thermal decomposition test, are not currently 
available In all Member States owing to varying national 
interpretations of the Luxembourg Report; whereas the only 
other solution In these cases Is to convert the technology 
in question, which for technical and economic reasons 
requires a transitional period or derogations; whereas, In 
the light of the requirements both to reduce the risk to the 
environment and to increase the safety of miners, the 
Luxembourg Report should be amended in order to permit the 
use as hydraulic fluids (e.g. on a polyglycol basis) in all 
Member States of the fluids currently being tested as 
subst I tutes-, " 
Commission proposal 
Such an amendment is out of place In this proposal, the sole 
purpose of which Is to prohibit the marketing of these three 
substances. This new recital Is concerned, above all, with 
protection at the workplace. 
Amendment Hp 3 (second part) adding to paragraph 1 in 
right-hand column of point 25 of Article 1 of Annex I 
word Ing: 
"Disposal plans shall be drawn up to this end;" the 
the 
Commission position 
Although the Commission has no fundamental disagreement with 
Parliament on the Introduction of disposal plans for 
UGILEC 141, it cannot accept this amendment In the context 
of this Directive, where the sole objective Is to prohibit 
the marketing and use of the substance. 
Moreover, there is already a proposal for a Council 
Directive en this subject (C0M(88)559 of 18 October 1988). 
r 

ISSN 0254-1475 
COM(91) 186 final 
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