Proposal for a Council Decision concerning the approval, on behalf of the Community, of Parcom Decision 96/1 on the phasing-out of the use of hexachloroethane in the non-ferrous metal industry (97/C 364/07) COM(97) 540 final - 97/0297(CNS)

(Submitted by the Commission on 5 November 1997)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a, in conjunction with Article 228 (2), first sentence, and (3), first paragraph,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas on 3 March 1975 the Community concluded the Convention for the Prevention of Marine Pollution from Land Based Sources (Paris Convention) (1) thus becoming a Contracting Party of this Convention;

Whereas the executive body of the Paris Convention (Parcom - Paris Commission) may adopt measures in the area of pollution prevention and adopted Parcom Decision 96/1 on the phasing-out of the use of hexachloroethane in the non-ferrous metal industry;

Whereas the Commission participated in the adoption of Parcom Decision 96/1 on the basis of the authorization granted by the Council and within the negotiation Directives issued accordingly;

Whereas Council Directive 76/769/EEC of 27 July 1976 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 (2), as last amended by Directive 97/16/EC (3), adds hexachloroethane to the list of dangerous substances in Annex I to Directive 76/769/EEC;

Whereas the provisions of Parcom Decision 96/1 are in line with Directive 76/769/EEC;

Whereas it is therefore desirable that the Community approve Parcom Decision 96/1,

HAS DECIDED AS FOLLOWS:

Sole Article

1. The Parcom Decision 96/1 on the phasing-out of the use of hexachloroethane in the non-ferrous metal industry is hereby approved on behalf of the Community.

The text of the said Decision is attached to this Decision.

2. The Commission is hereby authorized to notify this approval to the Paris Commission.

(1) OJ L 194, 25. 7. 1975, p. 5.

(2) OJ L 262, 27. 9. 1976, p. 201.

(3) OJ L 116, 6. 5. 1997, p. 31.

ANNEX

OSLO AND PARIS CONVENTIONS FOR THE PREVENTION OF MARINE POLLUTION JOINT MEETING OF THE OSLO AND PARIS COMMISSIONS OSLO, 17 to 21 JUNE 1996

Parcom Decision 96/1 on the phasing-out of the use of hexachloroethane in the non-ferrous metal industry

RECALLING Parcom Decision 92/4 on the phasing-out of the use of hexachloroethane (HCE) in the secondary aluminium industry and in the primary aluminium industry with integrated foundries,

RECALLING Parcom Decision 93/1 on the phasing-out of the use of hexachloroethane (HCE) in the non-ferrous metal industry,

CONSIDERING that organohalogen compounds which are toxic, persistent and liable to bioaccumulate are a cause of marine pollution requiring urgent measures,

CONSIDERING that these substances are on the Paris Convention priority list,

CONSIDERING that hexachloroethane has been used till now in the non-ferrous metal industry, mainly as a degasifier in magnesium and copper foundries,

CONSIDERING that other systems and alternative substances already exist, capable of attaining similar, or even superior, technical efficiency and performance and that some of the alternative techniques involve less ecological risk,

CONSIDERING that limited exemptions are necessary for some applications in the production of magnesium and aluminium alloys to give small and medium foundries a reasonable period for adaptation,

Contracting Parties to the Convention for the Prevention of Marine Pollution from land-based sources DECIDE that:

1. Programmes and measures

1.1. All uses of HCE in the aluminium industry (including integrated and non-integrated foundries casting aluminium) shall be phased-out as far as possible by 31 December 1996 and at the latest by 31 December 1997.

1.2. All uses of HCE in other non-ferrous metal industry shall be phased-out by 31 December 1997.

1.3. As exceptions to this Decision, hexachloroethane may be used:

(a) for grain-refining in the production of the magnesium alloys AZ81, AZ91 and AZ92;

(b) in non-integrated aluminium foundries producing specialized castings for applications requiring high quality and high safety standards and where consumption is less than 1,5 kg of hexachloroethane per day on average.

The need for these exceptions will be reviewed in 1998.

1.4. Potential alternative technologies should be assessed by competent authorities for their risks and benefits.

2. Entry into force

2.1. This Decision replaces Parcom Decisions 92/4 and 93/1 with effect from the date the Secretariat receives confirmation from Contracting Parties holding at least three quarters of the total number of votes in the Paris Commission that they are in a position to proceed.

2.2. That replacement has effect for each Contracting Party from:

(a) the date mentioned in sub-paragraph 2.1, or

(b) the date it delivers such a notification to the Secretariat,

whichever is later.

3. Implementation reports

3.1. Implementation reports on this Decision should be made to the appropriate Ospar working group meeting preceding the meeting of Ospar 1999. When reporting, the format as set out in the Appendix should be used as far as possible.

Appendix

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