10. 7. 90 Official Journal of the European Communities No C 168/1 
II 
(Preparatory Acts) 
ECONOMIC AND SOCIAL COMMITTEE 
Opinion on the proposal for a Council Directive amending for the eleventh 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 (J) 
(90/C 168/01) 
On 1 February 1990 the Council decided to consult the Economic and Social Committee, under 
Article 100a of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Protection of the Environment, Public Health and Consumer Affairs, which was 
responsible for preparing the Committee's work on the subject, adopted its opinion on 3 April 
1990. (Rapporteur: Mr Beltrami, co-rapporteurs: Mr Etty and Mr Landaburu Da Silva). 
At its 276th plenary session (meeting of 25 April 1990), the Economic and Social Committee 
adopted unanimously the following opinion: 
1. Introduction 
1.1. The draft Directive amends for the 11th time 
Directive 76/769/EEC, which establishes a legal frame­
work for banning or restricting the marketing and use of 
certain dangerous substances and preparations. 
The proposal aims to provide better protection for man and 
the environment and to help the internal market operate 
more smoothly by introducing the same restrictions in all 
Member States. 
1.2. It seeks to restrict use of monomethyl tetrachloro 
diphenyl methane (trade name: Ugilec 141) and to ban the 
marketing and use of monomethyl dichloro diphenyl 
methane (trade name: Ugilec 121 or Ugilec C 21) and 
monomethyl dibromo diphenyl methane (trade name: 
DBBT). 
1.3. These compounds can be used as substitutes for 
PCBs, the marketing and use of which was banned under 
Directive 85/467/EEC (2) with effect from 30 June 1986, 
apart from certain very limited exceptions. 
1.4. In the light of available information, however, the 
Commission believes that these three compounds also 
represent a potential hazard for man and the environment: — because their chemical structures are similar to those of 
PCBs, 
— because of their physico-chemical, toxicological and 
ecotoxicological properties, 
— because they are poorly degradable by either biological 
or non-biological processes, 
— because they tend to accumulate in living tissue. 
1.5. The Commission also points out that where 'Ugilec' 
is regularly used in hydraulic machinery in coalmines, there 
is a significant risk of contaminating local rivers and 
ground water in the area. 
Furthermore, operating conditions in coalmines make it 
virtually impossible to prevent significant quantities of 
these substances from being released into the environment. 
2. General comments 
2.1. The Economic and Social Committee takes note of 
the Commission's proposed Directive amending for the 
11th time Directive 76/769/EEC. 
2.2. It represents a logical development in Commission 
policy: having replaced PCBs, the Commission now 
proposes to replace, as requested in opinion CES 462/ 
89 (3), compounds with similar properties to PCBs, 
particularly as regards their effect on the environment. 
(!) OJ No C 24, 1. 2. 1990, p. 20. 
(2) OJ No C 104, 25. 4. 1985, p. 1. (3) OJ No 139, 5. 6. 1989. 
No C 168/2 Official Journal of the European Communities 10. 7. 90 
2.3. Given that there are possible alternatives to these 
substances, the Committee endorses (subject to the 
comments in the next section) both: 
(a) the ban on the marketing and use of: 
— monomethyl dichloro diphenyl methane (Ugilec 
121/Ugilec C 21), 
— monomethyl dibromo diphenyl methane (DBBT), 
— preparations containing these substances; and 
(b) the restrictions on the marketing and use of monome­
thyl tetrachloro diphenyl methane (Ugilec 141) and 
preparations containing this substance, the ultimate aim 
being a total ban within specified time limits. This is 
also in keeping with the latest developments in mining, 
where hydraulic equipment is systematically being 
replaced by electro-mechanical equipment. Directive as it constitutes such a serious environmental 
hazard. 
3.2. With regard to the exemptions provided for in the 
case of plant and machinery already in use, the Committee 
would suggest that the period of depreciation rather than 
the 'life-time' be used as the criterion for taking them out of 
service. Member States should cooperate with the Com­
munity in drawing up appropriate disposal schemes. 
3.3. As regards the disposal of the actual substances, the 
Committee feels that in view of their chemical properties 
they should be included in the draft Directive on the 
disposal of PCBs and PCTs (l). The Committee would refer 
to its opinion on the latter, and would in particular reiterate 
its concern over the Community's present capacity for 
disposing of these substances. 
Done at Brussels, 25 April 1990. 
3. Specific comments 
3.1. The Committee feels that it is reasonable to lay 
down a transitional period for monomethyl tetrachloro 
diphenyl methane (Ugilec 141), but would recommend 
reducing it to one year from the date of adoption of the The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE 
(!) OJ No C 319, 12. 12. 1988. 
Opinion on the proposal for a Council Directive amending Directive 87/404/EEC on the 
harmonization of the laws of the Member States relating to simple pressure vessels (!) 
(90/C 168/02) 
On 15 January 1990, the Council decided to consult the Economic and Social Committee, under 
Article 100a of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing the 
Committee's work on the subject, adopted its opinion on 4 April 1990. Mr Flum was rapporteur. 
At its 276th plenary session (meeting of 25 April 1990) the Economic and Social Committee 
adopted the following opinion: 
The Committee approves the proposal for a Directive, 
subject to the following observations: 
1. The 'pressure vessels' Directive of 25 June 1987 
represents the first application of the new approach to 
technical harmonization. Consequently, in delivering its 
opinion (2) on the corresponding proposal (rapporteur: 
Mr Flum) the Committee drew attention to the risk of 
discrimination based on standards since, whilst some 
Member States relied on voluntary standards, others 
(J) OJ No C 13, 19. 1. 1990, p. 7. 
(2) OJ No C 328, 22. 12. 1986. had introduced mandatory technical requirements. The 
absence of a clear legal classification of the rules in 
question could be expected to create difficulties for 
certain Member States which would find themselves in a 
vacuum if the Directive entered into force before the 
corresponding European standards were adopted. 
The Economic and Social Committee therefore pro­
posed that the transitional period be dispensed with and 
called on the Commission to make every effort to ensure 
the early establishment of European standards and to 
submit a timetable drawn up in conjunction with the