Common Position (EC) No 29/2001

adopted by the Council on 28 June 2001

with a view to adopting Directive 2001/.../EC of the European Parliament and of the Council of ... amending for the 20th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (short-chain chlorinated paraffins)

(2001/C 301/04)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the Economic and Social Committee(2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

(1) Limitations already adopted or planned by certain Member States on the use of short-chain chlorinated paraffins (SCCPs) following Parcom (Convention for the Prevention of Marine Pollution from Land-based Sources) Decision 95/1 directly affect the completion and functioning of the internal market; it is therefore necessary to approximate the laws of the Member States in this field and consequently to amend Annex I to 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(4).

(2) SCCPs are classified as dangerous to the environment, since they are very toxic to aquatic organisms and may cause long-term adverse effects in the aquatic environment.

(3) The Commission has adopted a recommendation, in the framework of Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances(5), calling for specific measures to restrict the use of SCCPs, in particular in metalworking fluids and leather finishing products, in order to protect the aquatic environment.

(4) All remaining uses of SCCPs are to be reviewed in the light of new scientific knowledge, in particular with regard to emissions from items containing SCCPs.

(5) On 27 November 1998 the Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE) delivered its opinion on the risks of SCCPs, as identified by the recommendation.

(6) This Directive applies without prejudice to Community legislation on protection of the safety and health of workers at work, in particular Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(6) and Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risk related to chemical agents at work (14th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(7),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

In Annex I to Directive76/769/EEC the following point shall be added:

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Article 2

1. Member States shall adopt and publish, not later than ...(8), the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.

They shall apply those measures from ...(9) at the latest.

2. When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

Article 3

This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

(1) OJ C 337 E, 28.11.2000, p. 138.

(2) OJ C 116, 20.4.2001, p. 27.

(3) European Parliament opinion of 1 February 2001, OJ C 267, 21.9.2001, p. 41, Council Common Position of 28 June 2001, and Decision of the European Parliament of ... (not yet published in the Official Journal).

(4) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 99/77/EC (OJ L 207, 6.8.1999, p. 18).

(5) OJ L 84, 5.4.1993, p. 1.

(6) OJ L 183, 29.6.1989, p. 1.

(7) OJ L 131, 5.5.1998, p. 11.

(8) Twelve months after the date of entry into force of this Directive.

(9) Eighteen months after the date of entry into force of this Directive.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 21 June 2000 the Commission submitted to the Council a proposal for a Directive based on Articles 95 and 251 of the Treaty concerning the 20th amendment to Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (short-chain chlorinated paraffins).

2. The Economic and Social Committee delivered its opinion on 29 November 2000.

3. The European Parliament delivered its opinion at first reading on 1 February 2001. In the light of the opinion of the European Parliament, the Commission presented an amended proposal to the Council, by letter dated 21 May 2001.

4. On 28 June 2001, the Council adopted its Common Position pursuant to Article 251 of the Treaty.

II. OBJECTIVES

5. The aim of the Directive is to harmonise differing national laws on the use of short-chain chlorinated paraffins (SCCPs) and to limit their use in two areas of application, namely metalworking and leather finishing. Such restriction of the use of these substances appears advisable in the light of the outcome of a risk assessment of SCCPs, which found there to be potential risks to the environment.

Furthermore, with regard to the other applications of SCCPs, namely as plasticiser in paints, coatings and sealants, and as flame retardant in rubber, plastics and textiles, the Directive provides that risk-reduction measures should be reconsidered before 1 January 2003, in the light of the review of scientific knowledge and technical progress.

III. ANALYSIS OF THE COMMON POSITION

6. To a large extent the Common Position corresponds to the Commission's amended proposal. However, the Commission accepted only one amendment and the principle of part of one of the four amendments proposed by Parliament.

Amendments accepted without amendment or with only minor changes

7. The Council accepted Parliament's amendment 4 [Annex I(2) (Directive 76/769/EEC)], whose purpose is to make it clearer in the Directive that all other uses of short-chain chlorinated paraffins (SCCPs) will be re-examined in the future and that the European Parliament will be kept informed of the results of that re-examination.

8. The Council also accepted the first part of amendment 3 (Annex I(1) (Directive 76/769/EEC)), whose purpose is to include SCCPs as substances or as constituents of preparations, stipulating that the targets are substances or constituents of other substances or preparations.

Moreover, the Council introduced a provision whereby the ban on marketing SCCPs applies only to concentrations higher than 1 % for both of the applications mentioned.

Amendments not accepted

9. The Council not accept the second part of Parliament's amendment 3 [Annex 1(1) (Directive 76/769/EEC)], nor amendment 1 (formerly recital 2, now recital 1), which aimed to broaden the scope of the proposed ban to include the use of SCCPs as plasticiser in paints, coatings and sealants, and as flame retardant in rubber, plastics and textiles.

10. The Council also did not accept Parliament's amendment 2 (formerly recital 5, now recital 4), which committed the Commission to present proposals on limiting the use of other similar substances.