COMMISSION OF THE EUROPEAN COMVIUNITIES 
C0M(91) 373 final - SYN 161 
Brussels,22 October 1991 
Amended proposal for a 
COUNCIL DIRECTIVE 
on the disposal of polyphlorlnated Mphenyls and 
polychlorlnated terphenyls 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
Explanatory Memorandum 
1. The Commission presents herewith on the basis of Article 149(3) of the 
EEC Treaty an amended proposal for a Council Directive on the disposal 
of polychlorinated biphenyls and polychlorinated terphenyls 
(O0M(88)559 final - SÏN 161 - OJ No C 319, p. 57). The Commission sent 
its initial proposal to the Council on 21 November 1988. The aim of the 
proposal is to reduce the risks which PCBs present to human health and 
the environment by controlling the management of used PCBs better and 
improving the conditions of their disposal and replacement. 
The amended proposal takes account of several amendments adopted by the 
European Parliament on 17 May 1990 (OJ C 149, 18.6.1990, pp. 150-159) 
and 12 December 1990 (EP document 147.263). 
2. The Commission was able to accept only 10 of the 42 amendments adopted 
by Parliament on 17 May 1990. The rapporteur, Mr Schmidt, asked for the 
report to be referred back to the Committee responsible (pursuant to 
Rule 40(3) of Parliament's Rules of Procedure) in order to seek a 
compromise with the Commission. 
3. Detailed discussions between the rapporteur and the Commission 
departments brought the two positions much closer: differences of 
substance and questions of drafting were resolved. 
The Commission accepted the legal basis proposed by Parliament 
(Articles 100a and 113), since it also accepted the prohibition of 
exports of PCBs to third countries and imports into the Community of 
PCBs from third countries with adéquate disposal faoilitlett. Tirioal, 
the aim of the Directive would not be attained in full if exports of 
- 2 -
PCBs from the Community remained authorized. Not prohibiting exports of 
PCBs would be tantamount to opening the door to their uncontrolled and 
possibly improper disposal or their uncontrolled dumping in third 
countries and clandestine dumping at sea. 
The problem of the upper limit of the PCB content was also resolved. 
Parliament agreed to it remaining at 50 ppm, as the Commission agreed to 
reduce it to 20 ppm in the sole case of oils and mixtures containing 
PCBs intended for incineration. It is the incineration of liquids with 
a PCB concentration of 50 ppm that can be damaging, on account of the 
products of the oxidation of PCBs. 
Parliament placed great stress on the need for the prohibition of the 
mixing of waste containing PCBs with other substances or waste to apply 
also to disposal undertakings, thus making it possible to achieve the 
aim of systematic disposal in full and preventing these undertakings 
also from reducing the concentration of PCBs by mixing them and then 
placing them on the market. The Commission pointed out that, depending 
on the disposal technique used and their disposal capacity, disposal 
undertakings are sometimes obliged to mix PCBs with other waste or to 
transfer certain quantities of PCBs to other disposal undertakings for 
disposal. It was accordingly agreed to prohibit disposal undertakings 
from marketing mixtures with a concentration higher than 1 ppm, except 
where such mixtures are intended for another disposal undertaking. 
The problem of incineration at sea was also resolved, as the Commission 
accepted Parliament's proposal of prohibiting this method of disposal 
forthwith. It is impossible to monitor whether or not disposal at sea 
is done in accordance with the rules. In any case, it is a highly 
unsatisfactory technique. 
- 3 -
Parliament placed great stress on very striot control of disposal 
undertakings. Several amendments were made to Article 6 concerning them 
on the basis of the arguments set out below. It will be possible to 
monitor cjompllance with the rules only if PCBs are disposed of 
exclusively in approved installations by undertakings which have 
obtained a special licence. Such licences should be granted only after 
the reliability and technical competence of the installation operator 
have been checked. Striot inspections of such undertakings must 
accordingly be introduced. 
Since these installations are potentially dangerous, harmonization of 
the conditions of competition on the internal market entails harmonizing 
not only the safety standards and control methods but also the liability 
of the operator. Insurance of the operator's liability should be 
compulsory. 
It is clear that the systematic disposal of PCBs requires the prior 
establishment of an inventory of the quantities of PCB in existence. 
Parliament added that in order to be able to carry out effective 
supervision of the inventory system it is necessary to monitor 
quantities in storage until they are disposed of, and to require 
evidence of disposal. 
The Commission also accepted certain specifications for the operation of 
disposal undertakings and an emission limit for disposal installations. 
4. The Commission was unable to accept the following five of Parliament 'r. 
amendments: 
- 4 -
Parliament asked for the prohibition of transfrontier movements of PCBs 
within the Community, with the possibility of derogations where a Member 
State is not able to dispose of PCBs properly. The Commission did not 
accept this amendment, which is contrary to the principle of the 
establishment of a single market in an area without internal frontiers. 
In future, the movement of toxic and dangerous waste will be controlled 
by the Regulation on the supervision and control of shipments of waste, 
currently before the Council.1 
Parliament proposed a reference method for the rapid, determination of 
PCB content. The Commission turned this down, because it wants to use 
the method currently being developed by the Joint Research Centre (2 
amendments). 
Parliament wanted the limit values for emissions in dioxin and furan 
equivalent (toxic substances generated by the partial combustion of 
PCBs) to be applied to existing disposal installations from 1993. In 
the Commission's opinion this would allow insufficient time for the 
planning and contruction of flue-gas treatment installations, and it 
accordingly proposes 1995. It is, moreover, drawing up a proposal 
concerning such installations. 
1 OOM(90)415 final, OJ C ... 
5~-
Amended proposal for a Council Directive 
on the disposal of polychlorinated Mphenyls and 
polychlorinated terphenyls 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
ORIGINAL TEXT AMENDED TEXT 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community and In particular Article 100a 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas divergences between the laws of the Member 
States on the disposal of PCBs may lead to distortions 
of competition and, as a result, have a direct Impact 
on the establishment and functioning of the Internal 
market; whereas It is hence necessary to approximate 
laws In this field; 
Whereas Council Directive 76/403/EEC of 6 April 1976 
on the disposal of polychlorinated blphenyIs and 
polychlorinated terphenyls1 constituted a preliminary 
approximation of the laws of the Member States In this 
field; whereas these rules have not proved sufficient; 
whereas the state of the art has evolved to a point 
where disposal conditions can be Improved and a high 
level of environmental protection can be taken as a 
basis; whereas that Directive should therefore be 
replaced by a new Directive; 
Whereas the safe disposal of unavoidable waste Is one 
of the objectives of Community waste management policy 
as set out in the second action programme on the 
environment and confirmed In the fourth programme;2 THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community and in particular Articles 100a and 
113 thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas divergences between the laws of the Member 
States on the disposal of PCBs may lead to distortions 
of competition and, as a result, have a direct Impact 
on the establishment and functioning of the internal 
market; whereas It is hence necessary to approximate 
laws In this field; 
Whereas Council Directive 76/403/EEC of 6 April 1976 
on the disposal of polychlorinated blphenyls and 
polychlorinated terphenyls1 constituted a preliminary 
approximation of the laws of the Member States in this 
field; whereas these rules have not proved sufficient; 
whereas the state of the art has evolved to a point 
where disposal conditions can be improved and a high 
level of environmental protection can be taken as a 
basis; whereas that Directive should therefore be 
replaced by a new Directive; 
Whereas tho safo disposal of unavoidably wa:,lu Is ono 
of the objectives of Communis- waste management policy 
as set out in the second action programme on the 
environment and confirmed in the fourth programme;2 
1 OJ No L 108, 26.4.1976, p. 41 
2 OJ No C 328, 7.12.1987, p. 1. 1 OJ No L 108, 26.4.1976, p. 41 
2 OJ No C 328, 7.12.1987, p. 1. 
Whoreas Council Dlrectivs 76/769/EEC of 27 Juiy 1S76 
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,3 as 
last amended by Council Directive 85/610/EEC,4 
underlines the need for a periodic review of the whole 
problem with a view to moving gradually towards the 
complete removal of PCBs and PCTs; Whereas Council Directive 76/769/EEC of 27 Juiy 1S76 
on the approximation of the laws, regulations ami 
administrative provisions of the Membor statoa 
relating to restrictions on the marketing and use of 
certain dangerous substances and préparât Ions,3 as 
last amended by Council Directive 85/610/FEC,4 
underlines the need for a periodic review of the whole 
problem with a view to moving gradually towards the 
complete removal of PCBs and PCTs; 
Whereas Council Directive 75/442/EEC of 15 July 1975 
on waste,5 as amended by Directive ..., concerns the 
disposal of waste In general; whereas this Directive 
contains specific Community rules and can be regarded 
as a special Directive within the meaning of Directive 
75/442/EEC; Whereas Council Directive 75/442/EEC of 15 July 1975 
on waste,5 as amended by Directive 91/156/EEC,6 
concerns the disposal of waste in general; whereas 
this Directive contains specific Community rules and 
can be regarded as a special Directive within the 
meaning of Directive 75/442/EEC; 
Whereas Council Directive 75/439/EEC of 16 July 1975 
on the disposal of waste oils,6 as amended by 
Directive 87/101/EEC,7 lays down 50 ppm as the 
maximum limit for the PCB or PCT content of waste oils 
and PCBs must hence be defined In the light of that 
level Irrespective of the mixture concerned; Whereas Council Directive 75/439/EEC of 16 July 1975 
on the disposal of waste oils,7 as amended by 
Directive 87/101/EEC,8 lays down 50 ppm as the 
maximum limit for the PCB or PCT content of waste 
o11 s ; whereas, In view of technical progress, that 
limit should be reduced In the case of mixtures 
Intended for Incineration, Including waste oils, to 
20 ppm; 
Whereas, In the absence of sufficient Information to 
challenge It, this limit should be regarded as a 
satisfactory technical basis, subject to review In the 
Iight of new studies; 
Whereas the marketing of PCBs Is now prohibited and 
whereas substitutes are commercially available; 
whereas regeneration should consequently be 
prohibited; Whereas the marketing of PCBs Is now prohibited; 
whereas substitutes are commercially available; 
whereas regeneration should consequently be 
prohibited; 
Whereas the mixing of waste containing PCBs with other 
waste or substances and the marketing by disposal 
undertakings of mixtures containing more than 1 ppm of 
PCBs should be prohibited In order to prevent them 
being withheld from disposal; 
Whereas Incineration at sea must be stopped; whereas 
to that end sufficient disposal capacities must be 
provided within the Community; 
Whereas to avoid Improper disposal and the dispersion 
of PCBs and waste containing PCBs outside the 
Community, exports thereof to third countries and 
Imports thereof from third countries with adequate 
disposal Installations should be prohibited; 
3 OJ No L 
4 OJ No L 
5 OJ Mo L 
6 OJ No I 262, 27.9.1976, p. 201 
375, 31.12.1985, p. 1. 
194, 25.7.1975, p. 39. 
194, 25.7.1975, p. 23. 
7 OJ No L 42, 12.2.1S87, p. 43. 3 OJ No L '/M, '//.9.10/6, p. ?0I 
4 OJ No L 375, 31.12.1985, p. 1. 
194, 25.7.1975, p. 39. 
ZL 26.3.1991, p. 32. 5 OJ No L 
6 OJ No L 
7 OJ No L 194, 25.7.1975, p. 23, 
8 OJ No L 42, 12.2.1987, p. 43. 
- t 
Whereas PCBs are widely dispersed In the environment 
and they are known to have harmful effects on human 
health and the environment and whereas It is 
consequently necessary to prohibit any uncontrolled 
operation involving PCBs; 
Whereas PCBs should be disposed of in a manner which 
ensures that they are prevented as far as possible 
from being dispersed In the environment and whereas it 
Is necessary to lay down minimum conditions under 
which licences are granted to firms which carry out 
their disposal; Whereas research Into other methods of disposing of 
PCBs and PCTs should be financed, Including processes 
Involving bacterial biodégradation and pretreatment of 
PCBs to extract chlorine; 
Whereas PCBs are widely dispersed In the environment 
and are known to have harmful effects on human health 
and the environment; whereas It Is consequently 
necessary to prohibit any uncontrolled operation 
Involving PCBs; 
Whereas PCBs should be disposed of in a manner which 
ensures that they are prevented as far as possible 
from being dispersed in the environment; whereas it is 
necessary to lay down minimum conditions under which 
licences are granted to undertakings which carry out 
their disposal; 
Whereas the number of PCB disposal plants is small and 
their capacity limited and whereas consequently 
disposal programmes for used PCBs must be drawn up to 
ensure proper planning of PCB disposal; 
Whereas It Is essential to know what quantities of 
PCBs exist In order to be able to match disposal 
capacity to needs and It Is therefore necessary to 
label equipment containing PCBs and to compile an 
Inventory of PCBs; 
Whereas the replacement of PCBs In equipment by other 
fluids is a difficult operation and may not be fully 
carried out and whereas It Is consequently essential 
to define rules governing this operation, 
HAS ADOPTED THIS DIRECTIVE: Whereas the number of PCB disposal plants Is small and 
their capacity limited; whereas, consequently, 
disposal programmes for used PCBs must be drawn up to 
ensure proper planning of PCB disposal; 
Whereas It is essential to know what quantities of 
PCBs exist In order to be able to match disposal 
capacity to needs; whereas It Is therefore necessary 
to label equipment containing PCBs and to compile an 
inventory of PCBs-, 
Whereas the replacement of PCBs in equipment by other 
fluids Is a difficult operation and may not be fully 
carried out; whereas it is consequently essential to 
define rules governing this operation, 
HAS ADOPTED THIS DIRECTIVE: 
^Article 1 Article 1 
The purpose of this Directive Is to approximate the 
laws of the Member States on the controlled disposal 
of PCBs and equipment or objects contaminated by PCBs 
In order to reduce and prevent pollution. The purpose of this Directive Is to approximate the 
laws of the Member States on the controlled disposal 
of PCBs and equipment or objects contaminated by PCBs 
In order to reduce and prevent pollution. 
Article 2 
For the purposes of this Directive: This Directive replaces Directive 76/403/EEC, which is 
hereby repealed w-ith effect from 1 January 1992. 
Article 2 
For the purposes of this Directive: 
(a) "PCBs" means: 
- polychlorinated blphenyls (PCB), 
- polychlorinated terphenyls (PCT), 
- any mixture containing more than 0.005% by 
weight of PCBs and/or PCTs. (a) "PCBs" means: 
- polychlorinated blphenyls (PCBs), 
- polychlorinated terphenyls (PCTs), 
- polychlorobiphenyl-tetramethanes (PCBTs), 
- any mixture containing more than 0.005% by 
weight of PCBs, PCTs and/or PCBTs. 
(b) "Used PCBs" means any PCBs which are waste within 
the meaning of Directive 75/442/EEC. (b) "Used PCBs" means any PCBs which are waste within 
the meaning of Directive 75/442/EEC, as amended by 
Directive 91/156/EEC. 
(c) "Equipment containing PCBs" means any apparatus or 
equipment containing PCBs or having contained PCBs 
which has not been decontaminated or any object 
contaminated by PCBs. Until proof to the contrary 
is provided, equipment containing a fluid which 
has not been Identified shall be treated as 
equipment containing PCBs. 
(d) "Holder" means any person holding PCBs and/or 
holding or using equipment containing PCBs. 
(e) "Decontamination" means all operations which 
enable equipment, objects or materials 
contaminated by PCBs to be reused or recycled. 
(f) "Replacement" means all operations In which PCBs 
are replaced by suitable fluids not containing 
PCBs. (c) "Equipment containing PCBs" means any apparatus or 
equipment containing PCBs or having contained PCBs 
which has not been decontaminated or any object 
contaminated by PCBs. Until proof to the contrary 
is provided, equipment containing a fluid which 
has not been Identified shall be treated as 
equipment containing PCBs. 
(d) "Holder" means any person holding PCBs and/or 
holding or using equipment containing PCBs. 
(e) "Decontamination" means all operations which 
enable equipment, objects or materials 
contaminated by PCBs to be reused or recycled. 
(f) "Replacement" means all operations in which PCBs 
are replaced by suitable fluids not containing 
PCBs. 
(g) "Regeneration" means the physico-chemical process 
of separating PCBs from other substances for 
re-use. 
(h) "Disposal Installation" means any Installation in 
which the molecular structure of PCBs can be 
destroyed and converted into harmless reaction 
products. 
(I) "Disposal undertaking" means any undertaking 
operating a disposal Installation and licensed to 
do so. 
Article 3 Article 3 
Member States shall take the necessary measures to 
prohibit: 
the uncontrolled disposal of PCBs, used PCBs or 
equipment containing PCBs, 
the mixing of waste containing PCBs with other 
waste or substances prior to transfer to a 
disposal undertaking, 
the Incineration of PCBs on Incinerator ships from 
1995. Member States shall take the necessary measures to 
prohibit: 
the uncontrolled disposal of PCBs, used PCBs or 
equipment containing PCBs, 
the mixing of waste containing PCBs with other 
waste or substances prior to transfer to a 
disposal undertaking, 
the marketing by a disposal undertaking of 
mixtures with a PCB content greater than 1 ppm, 
excopt where such mixtures are IIn t om d o d for 
another disposal undertaking, 
- the Incineration of PCBs on Incinerator ships, 
- exports to third countries and Imports from third 
countries with adequate Installations for disposal 
of PCBs, used PCBs and equipment containing PCBs. 
Article A Article A 
1. By way of derogation from Article 3 of Directive 
75/442/EEC, Member States shall prohibit regeneration. 
2. Member States may authorize PCBs contained In 
electric transformers to be treated only If: 
(a) the purpose of this treatment is to ensure, when 
such transformers are maintained, that the PCBs 
they contain comply with technical rules or 
specifications regarding dielectric quality; 
(b) such treeatment Is carried out by an authorized 
undertaking; and 
(c) the transformer Is In good working order and does 
not leak. 1. By way of derogation from Article 3 of Directive 
75/442/EEC, as amended by Directive 91/156/EEC, Meiber 
States shall prohibit regeneration. 
2. Member States may authorize PCBs contained in 
electric transformers to be treated only if: 
(a) the purpose of this treatment is to ensure, when 
such transformers are maintained, that the PCBs 
they contain comply with technical rules or 
specifications regarding dielectric quality; 
(b) such treeatment Is carried out by an authorized 
undertaking; and 
(c) the transformer Is in good working order and does 
not leak. 
Article 5 Article 5 
By way of derogation from Article 7 of Directive 
75/442/EEC, Member States shall take the necessary 
measures to ensure that holders of used PCBs or of 
equipment containing PCBs who have not been authorized 
pursuant to Article 6: Member States shall take the necessary measures to 
ensure that holders of: 
(a) used PCBs or equipment containing PCBs who have 
not been licensed pursuant to Article 6: 
transfer them as soon as possible to an 
undertaking authorized pursuant to Article 6; 
take steps to ensure that they are kept away from 
equipment or containers containing flammable 
substances. - transfer them as soon as possible to an 
undertaking licensed pursuant to Article 6; 
- take steps to ensure that they are kept away 
from equipment or containers containing 
flammable substances; 
- store them In specially flreproofed locations 
which satisfy the requirements of Part B of 
Annex 1; 
(b) PCBs: 
- take steps to ensure that they are kept away 
from equipment or containers containing 
flammable substances; 
- store them In specially flreproofed locations 
which satisfy the-requirements of Part B of 
Annex 1. 
i " 
Article 6 Article 6 
1. The licence referred to in Article 8 of Directive 
75/442/EEC shall be issued only to PCB disposal 
establishments or undertakings which satisfy at least 
the conditions laid down in Annex 1 hereto. 
2. Used PCBs and equipment containing PCBs must be 
transported In accordance with the provisions of 
Council Directive 84/631/EEC1 and as described In 
Annex 2 hereto. 1. The Member States shall set up or designate the 
competent authority or authorities responsible for the 
planning, control and licensing of PCB disposal. The 
said authorities shall be those designated by the 
Member States for the purposes of Council Directive 
75/442/EEC on waste, as amended by Directive 
91/156/EEC. 
3. Any undertaking or establishment which engages In 
decontamination or which replaces PCBs by other fluids 
shall require a licence issued by the competent 
authorities of the Member States. 2. Any undertaking or establishment which engages in 
decontamination or which replaces PCBs by other fluids 
shall require a licence Issued by the competent 
authorities of the Member States. 
4. Member States shall notify the Commission of the 
names, addresses, telephone and telex numbers and 
disposal capacities of the undertakings authorized to 
dispose of PCBs and of any change in this Information. 
The Commission shall publish this Information in the 
Official Journal of the European Communities. 3. Disposal licences shall be granted to undertakings 
only if the relevant Installations meet the conditions 
set out In Annex 1 to this Directive. 
(a) The competent authorities of the Member States 
shall make unannounced Inspections at least once every 
quarter In order to monitor the Installatlons's 
compliance with the conditions and emission values. 
The results of the Inspections must be brought to the 
attention of the local authorities and be accessible 
to the public. 
(b) The operator shall bear civil I lab IIity for any 
environmental damage caused by the operation of a 
disposal Installation, irrespective of any fault on 
his part, and he shall be obliged to take out 
Insurance In respect of such liability. 
(c) PCB disposal undertakings shall keep a register of 
the quantity, origin, nature and PCB content of waste 
delivered to them. They shall provide this 
information to the competent authorities. The 
register may be consulted by the local authorities and 
by the public. They shall also Issue to holders who 
deliver waste containing PCBs a receipt specifying the 
nature and the quantity thereof. 
(d) Member States shall notify the Commission of the 
names, addresses, telecommunications systems numbers 
and disposal capacities of the undertakings authorized 
to dispose of PCBs and of any change in this 
Information. The Commission shall publish this 
information In the Official Journal of the European 
Communities. 
4. PCBs, used PCBs and equipment containing PCBs roust 
be transported In accordance with the provisions of 
Council Directive 84/631/PFC1 and as described In 
Annex 2 hereto. 
5. Licences Issued by the competent authorities of a 
Member State pursuant to paragraphs 1 and 3 shall be 
recognized by the other Member States. 5. Licences issued by the competent authorities of a 
Member State pursuant to paragraphs 2 and 3 sha11 be 
recognized by the other Member States. 
1 OJ No L 326, 13.12.1984, p. 31. 1 OJ No L 326, 13.12.1984, p. 31. 
Article 7 Article 7 
1. Member States shall take the necessary measures to 1. Member States shall take the necessary measures to 
ensure that: ensure that: 
(a) PCBs are replaced by other fluids only If other 
solutions would entail greater risks; (a) PCBs are replaced by other fluids only If the 
replacement fluid entails lesser or no risks; 
(b) the minimum conditions laid down in Annex 3 are 
observed If the PCBs contained In equipment are 
replaced; (b) the minimum conditions laid down In Annex 3 are 
observed If the PCBs contained In equipment are 
replaced; 
(c) equipment in which fluids are replaced is properly 
decontaminated; (c) equipment In which fluids are replaced is properly 
decontaminated; 
(d) equipment In which fluids are replaced is clearly 
and indelibly marked as specified in Annex 4; (d) equipment In which fluids are replaced is clearly 
and Indelibly marked as specified In Annex 4-, 
(e) any equipment In which PCBs have been replaced is 
treated as containing PCBs for the purposes of Its 
disposal, unless proof to the contrary Is 
provided. (e) any equipment In which PCBs have been replaced Is 
treated as containing PCBs for the purposes of Its 
disposal, unless proof to the contrary is 
provided. 
2. Member States may prohibit the replacement of PCBs 
In their territory. 2. Member States may prohibit the replacement of PCBs 
In their territory. 
Article 8 Article 8 
The reference method of measurement to determine the 
PCB content and the adaptation to technical progress 
of the Annexes shall be decided by the Commission 
after consulting the Committee for adaptation to 
technical progress established pursuant to Article 12b 
of Directive 75/442/EEC and In accordance with the 
procedure laid down In Article 12c of that Directive. The reference method of measurement to determine the 
PCB content and the adaptation to technical progress 
of the Annexes shall be decided by the Commission 
after consulting the Committee for adaptation to 
technical progress established pursuant to Article 18 
of Directive 75/442/EEC, as amended by Directive 
91/156/EEC, and In accordance with the procedure laid 
down In that Article. 
Article 9 Article 9 
1. Member States shall take the necessary measures to 
ensure that any equipment containing PCBs Is labelled 
In accordance with Annex 5. This label must also be 
affixed to the door of premises or rooms where 
equipment containing more than 8 dm' of PCBs is 
located. 1. Member States shall take the necessary measures to 
ensure that any equipment containing PCBs is labelled 
In accordance with Annex 5. This label must also be 
affixed to the door of premises or rooms where 
equipment containing more than 8 dm3 of PCBs_j_ 
Individually or In total. Is located. 
2. Member States shall compile Inventories of 
equipment containing more than 8 dm* of PCBs. They 
shall take the necessary measures to ensure that 
holders of such equipment notify the competent 
authorities of the quantities which they hold. 
Annex 6 sets out the rules for compiling and 
publishing an inventory and a model of the PCB 
Inventory form to be completed by holders. 2. Member States shall compile Inventories of 
equipment containing more than 8 dm* of PCBs. They 
shall take the necessary measures to ensure that 
holders of such equipment notify the competent 
authorities of the quantities which they hold. 
Annex 6 sets out the rules for compiling and 
publishing an Inventory and a model of the PCB 
Inventory form to be completed by holders. 
3. Member States shall send a summary of these 
Inventories to the Commission. 3. Member States shall send a summary of these 
inventories to the Commission. 
4. Member States shall monitor the notified quantities 
at Intervals by means of spot checks and shall compare 
the quantities booked out with the receipts issued by 
in9 disposal undertakings In accordance with 
Article 6(3)(c). 
Article 10 Article 10 
Member States shall, within three years of the 
notification of this Directive and after consulting 
the Waste Management Committee set up by the 
Commission Decision 76/431/EEC,1 draw up plans such 
as those referred to In Article 6 of Directive 
75/442/EEC relating to: 
- the disposal of used PCBs and equipment containing 
PCBs, 
the collection of capacitors containing less than 
7 dm* of PCBs or equipment containing such 
capacitors. Member States shall, within three years of the 
notification of this Directive and after consulting 
the Waste Management Committee set up by Commission 
Decision 76/431/EEC,1 draw up plans such as those 
referred to in Article 7 of Directive 75/442/EEC, as_ 
amended by Directive 91/156/EEC, relating to: 
the disposal of PCBs. used PCBs and equipment 
containing PCBs, 
the collection of capacitors containing less than 
7 dm' of PCBs or equipment containing such 
capacitors. 
Member States shall notify these plans to the 
Commission without delay. Member States shall notify these plans to the 
Commission without delay. 
Article 11 Article 11 
Member States shall Implement: Member States shall Implement: 
(a) for holders of PCBs and equipment containing PCBs, 
information programmes on the hazards of PCBs to 
human health and the environment and on the 
precautions to be taken to ensure protection; (a) for holders of PCBs, used PCBs and equipment 
containing PCBs, Information programmes on the 
hazards of PCBs to human health and the 
environment and on the precautions to be taken to 
ensure protection; 
(b) for members of the emergency services, training 
programmes on measures to be taken in the event of 
accidents Involving PCBs; 
(c) for the general public, Information campaigns 
concerning PCBs. (b) for members of the emergency services, training 
programmes on measures to be taken In the event of 
accidents involving PCBs-, 
(c) for the general public, Information campaigns 
concerning PCBs. 
Article 12 
1. Directive 76/403/EEC Is hereby repealed with 
effect from 1 January 1990. Article 12 
2. References to the Directive repealed under 
paragraph 1 shall be construed as references to 
this Direotlve. References to the Articles of 
that Directive shall be read in accordance with 
the table In Annex 7. References to the Directive repealed under Article 1 
shall be construed as references to this Directive. 
References to the Articles of that Directive shall be 
read In accordance with the table In Annex 7. 
Article 13 
1. Member States shall ensure that any Infringement of 
this Directive is punished. 
(Article 13) 
2. Member States shall communicate to the Commission 
the texts of the provisions of national law which they 
adopt In the field governed by this Directive. The 
Commission shall Inform the other Member States 
thereof. 2. Member States shall communicate to the Commission 
the texts of the provisions of national law which they 
adopt In the field governed by this Directive. The 
Commission shall Inform the other Member States 
thereof. 
1 OJ No L 115, 1.5.1976, p. 73 1 OJ No L 115, 1.5.1976, p. 73. 
Article 13 Article 1A 
1, Member States shall take the necessary measures to 
comply with this Directive from 1 January 1990. They 
shall forthwith inform the Commission thereof. 
Article 1A 
This Directive is addressed to the Member States. 1. Member States shall take the necessary measures to 
comply with this Directive from 1 January 1992. They 
shall forthwith Inform the Commission thereof. 
2. When the Member States adopt such provisions, they 
shall contain a reference to this Directive or shall 
be accompanied by such a reference when officially 
published. The form such reference shall take shall 
be decided by the Member States. 
Article 15 
This Directive Is addressed to the Member States. 
-1/1 
ANNEX 1 
A. J3STATJLATICNS FOR THE FINAL DESTRUCTION OF PCBs 
1. These Installations shall be designed and 
maintained according to standards of the best 
available technology not entailing excessive costs. 
They shall be operated at all times to ensure that all 
outflows of solids, fluids or gases do not contain 
PCBs or products arising from their Incomplete 
(partial) oxidation. 1. The Installations shall be designed and operated 
according to standards of the best available 
techno logy In such a way as to ensure that neither 
emissions nor waste contain. In total, more than 
0.00002X of the quantity of PCBs treated. 
2. All these Installations shall be operated In such a 
way as to ensure that the specific process parameters 
are continuously maintained and there are sufficient 
excess reactants to ensure that the reactions reach a 
safe level of completion. 2. All these Installations shall be operated in such a 
way as to ensure that the specific process parameters 
are continuously maintained and there are sufficient 
excess reactants to ensure that the reactions reach a 
safe level of completion. 
Deliveries of PCBs or used PCBs to the Installation 
shall be stopped and the feeding of PCBs or used PCBs 
to the Incinerator or destruction equipment shall be 
automatically stopped where a disturbance prevents 
these conditions from being maintained. 
3. In addition to the general requirements outlined 
above the following conditions must be observed for 
Incineration Installations: 3. In addition to the general requirements outlined 
above the following conditions must be observed for 
Incineration installations: 
(a) conventional (open) incineration installations 
shall be equipped with safety back-up systems to 
ensure a continued supply of energy and reactants 
In the event of failure In normal sources of 
supply in order to maintain safe reaction 
conditions as long as toxic materials remain In 
the Installation or until the normal supply can be 
restored; (a) conventional (open) incineration installations 
shall be equipped with safety back-up systems to 
ensure a continued supply of energy and reactants 
in the event of failure In normal sources of 
supply In order to maintain safe reaction 
conditions as long as toxic materials remain in 
the Installation or until the normal supply can be 
restored; 
(b) the Installations shall be equipped with automatic 
continuous monitoring equipment, the operation of 
which shall be able to override the operation of 
the installation and trigger Its safety equipment. 
The monitoring equipment shall be protected from 
manual Interference and shall be designed for 
regular automatic calibration; It shall be 
connected to sufficient sonsors to enable It to 
make good representative measurements; (b) the Installations shall be equipped with automatic 
continuous monitoring equipment, the operation of 
which shall be able to override the operation of 
the installation and trigger Its safety equipment. 
The monitoring equipment shall be protected from 
manual Interference and shall be designed for 
regular automatic calibration; It shall be 
connected to sufficient sonsors lo.onablu It to 
make good representative measurements; 
-1 ^ 
(c) (c) the incinerator must totally destroy the molecules 
o! tcxic substances. For this purpose 
conventional Incineration Installatlons must be Wtoxic 
equipped with post-combustion chambers with swirl^9^—: 
devices. A minimum temperature of 1 200°C must be 
maintained in this chamber during combustion and 
the residence time of the gases must be at least 
two seconds. The gases discharged from the 
installations must have an oxygen content of 3X by 
vo i ume; the Incinerator must destroy 99.9998% of the PCBs 
fed Into It. In new Installations, the limit 
âiïïè>for dloxIns and furans may not exceed 
1 mg/m*. In the case of.ex'stjng_'nstallatlons, 
this value must be applied from 1 January 1995. 
For this purpose conventional Incineration 
installations must be equipped with 
post-combustion chambers with swirl devices. A 
minimum temperature of 1 200°C must be maintained 
In this chamber during combustion and the 
residence time of the gases must be at least two 
seconds. The gases discharged from the 
Installations must have an oxygen content of at 
least 3% by volume. The temperature and oxygen 
content readings shall be recorded automatically 
In sealed, tamper-proof apparatus; 
(d) where the process does not use post-combustion, 
incineration efficiency must be comparable to that 
of conventional Incineration. (d) where the process does not use post-combustion, 
Incineration efficiency must be comparable to that 
of conventional incineration. Other methods of 
disposing of PCBs may be accepted provided they 
satisfy technical requirements laid down following 
consultation of the Committee for adaptation to 
technical progress. 
~\b-
B. INSTALLATIONS FOR THE COLLECTION AND TEMPORAIST STORAGE OF 
PCBS AND OF EQUIPMENT CONTAINING PCBs 
1. Such Installations shall be approved and their 
operation monitored by the competent local 
authorities; they shall satisfy national requirements 
for safety at work. 
2. All sites where containers, materials or equipment 
containing PCBs are handled or stored shall have 
Impervious bases capable of supporting any foreseeable 
load and able to contain any leakage of PCBs. 
3. Such sites and structures must comply with the fire 
prevention and protection requirements approved by the 
competent authorities (fire service). Containers for 
PCBs shall be Impermeable, have double walls and be 
label led. 
4. The leak containment capacity shall be not less 
than half the maximum PCB storage capacity and greater 
than the total volume of the largest single mass of 
PCBs contained in the largest piece of equipment. 
5. Such structures shall be covered to prevent the 
entry of atmospheric precipitation and equipped with a 
special drainage system to collect all contaminated 
liquids to prevent their escape Into the local 
drainage system. 1. Such installations shall be approved and their 
operation monitored by the competent local 
authorities; they shall satisfy national requirements 
for safety at work. 
2. All sites where containers, materials or equipment 
containing PCBs are handled or stored shall have 
impervious bases capable of supporting any foreseeable 
load and able to contain any leakage of PCBs. 
3. Such sites and structures must comply with the fire 
prevention and protection requirements approved by the 
competent authorities (fire service). Containers for 
PCBs shall be impermeable, have double wal Is or a 
col lection tank, and be labelled. 
4. The leak containment capacity shall be not less 
than half the maximum PCB storage capacity and greater 
than the total volume of the largest single mass of 
PCBs contained In the largest piece of equipment. 
5. Such structures shall be covered to prevent the 
entry of atmospheric precipitation and equipped with a 
special drainage system to collect all contaminated 
liquids to prevent their escape into the local 
drainage system. 
'<> 'if 
ANNEX 2 
TRANSPORT OF USED PCBs AND EQUIPMENT OCNTAINING PCBs 
1. Where the relevant International transport 
agreements or codes which appear In Annex II to 
Directive 84/631/EEC1 on transfrontier shipment of 
dangerous and toxic substances make specific mention 
of PCBs the requirements of these agreements and codes 
shall apply to national and International transport. 1. Supervision and control within the Community of 
transfrontier shipments of used PCBs and equipment 
containing PCBs shall be In accordance with the 
provisions of Directive 84/631/EEC. 
2. Where the relevant International transport 
agreements or codes which appear In Annex II to 
Directive 84/631/EEC1 make specific mention of PCBs 
the requirements of these agreements and codes shall 
be considered to satisfy the conditions of Article 8 
of Directive 84/631/EEC. 
2. Where there Is no specific mention of PCBs In the 
relevant International transport agreements or codes, 
the requirements of class 6.1, Item 17b, of the ADR 
and RID shall apply to the national and International 
transport of PCBs by road and rail respectively. The 
requirement of class IVa of the ADNR shall apply to 
the transport of PCBs by Inland waterway. 3. Where there Is no specific mention of PCBs In the 
relevant International transport agreements or codes, 
the requirements of class 9.2.B of the ADR and the RID 
and the requirements of class IVa of the ADNR shall 
be considered to satisfy the conditions of Directive 
84/631/EEC. 
3. When more than 50 ppm of PCBs are present In a 
mixture with another dangerous substances such as 
petroleum oil which must satisfy different packaging, 
labelling or transport requirements, the more 
stringent requirements shall apply and the two 
substances must be marked. PCB containers must close 
hermetically and have absorbent material in their 
base. 4. When more than 50 ppm of PCBs are present In a 
mixture with another dangerous substances such as 
petroleum oil which must satisfy different packaging, 
labelling or transport requirements, the more 
stringent requirements shall apply and the two 
substances must be marked. PCB containers must close 
hermetically and have absorbent material in their 
base. 
1 OJ No L 326, 13.12.1984. 1 OJ No L 326, 13.12.1984. 
* ADR: European Agreement concerning the 
International Carriage of Dangerous Goods by Road 
RID: International Regulations concerning the 
Carriage of Dangerous Goods by Rail 
ADNR: Regulation for the Carriage of D?rserous 
Substances on the Rhine 
- u ~ 
ANNF.X i 
Kl PLACING PCBs IN EQUIPMENT 
1. Equipment containing PCBs must be drained, cleaned and refilled without polluting the environment in any 
way. 
2. Equipment containing PCBs may be refilled only with a suitable fluid which does not contain PCBs. 
3. A single item of equipment situated in the vicinity of other equipment which still contains PCBs should not 
be filled with a substitute fluid with an ignition point under 300 "C. 
4. The PCBs conuined in a substitute fluid must be physically or chemically separable 
5. The level of contamination of the new fluid by residual PCBs in the equipment shall not exceed 500 ppm. 
6. During the unie required, for the residual PCBs to infiltrate ihc new fluid, the equipment in question shall 
continue to carry the label to be affixed to equipment containing PCBs shown'tn Annex 5 while « is m 
operation .and until such time as the new fluid has been shown to have a contamination level below 500 ppm 
for a period of at least 90 days. 
7 When the equipment which has been refilled in accordance with the above provisions ha> been shown to 
contain a fluid that is not contaminated with more than 500 ppm of PCBs, during the rest ot its hie: imc an 
indelible and clearly visible sign shall be fixed to a as set out in Annex •» 
8. At ihc end of the life ot such refilled equipment the fluid shall be analyzed. If it contains more than 50 ppm of 
PCBs, the equipment and fluid shall be disposed of according to the method laid down lor the destruction ot 
PCBs. If some components of the equipment have levelsot less than 50 ppm of PCBs after decontamination 
they may be recycled. 
9. Member States shall ensure that adequate analytical services are available to owners of equipment 
containing PCBs. 
/WW EX 4 
I ABF.Ll.INC; OF I.QUIPMF.N I IN WHICH PCBs HAVE BEEN RFPLACED BY OTHER FLUIDS 
Each item of equipment shall be clearly marked with ,\n indelible and embossed or engraved sign on at least two 
sides once the new fluid is shown not to contain more than 500 ppm of PCBs in accordance with the provisions 
of Annex 3. This label nuisi include the lollowing symbol and be worded in the language of the country in which 
the equipment is used and in English : 
This equipment was originally tilled with a fluid containing PCBs. It was refilled with (substitute; 
on (date) 
There may still be some residual PCBs in the fluid and the equipment. 
Before treating or disposing of the equipment check (compare) the level of PCBs and the relevant Community 
rules. 
I)ate(s) of sampling Residual PCBs 
lo-
\K\\ X y 
LABELLING t)l- EQUIWII \1 CONTAINING PCBs 
Such equipment shall be clearly and individually marked with .in indelible sign in accordance with Directive 79 
831/EEC and worded in the language ot the country in which it is used and in English. 
AXSEX6 
INSTRUCTIONS ON HOW TO COMPILE AN INVENTORY 
V. To enable identification of equipment containing PCBs and to facilitate the decoding of the coded 
information on raring plates (name plates). Member States shall obtain all relevant information from 
manufacturers and distributors of such equipment, in particular of capacitors containing PCBs. 
2. The inventory shall be kept up to date by means of the attached form. If equipment is emptied or 
decontaminated before recycling or destruction, this must be notified and recorded. Every user of equipment 
containing PCBs is required to keep a logbook in which all changes to the equipment shall be recorded. 
3. Copies of the forms must be sent by holders to the competent authorities and the fire and police services. 
4. Member States shall publish this information in the industrial press (electrical, maintenance, plant 
management, etc) and send such information to the fire service, waste disposal companies, local authorities, 
etc. 
-21-
ANNEX 6 (continued) 
DECLARATION FORM TO BE COMPLETED BY HOLDER OF PCBs 
Date of declaration / /19 Holder (name of individual or company) : 
Holder's address 
'Telephone No 
I. LOCAL AUTHORITY UNDER WHOSE JURISDICTION THE OBJECT FALLS 
2. LOCATION OF PCBs 
(give sufficient details) 
i. PURPOSE FOR WHICH OBJECT USED 
(unit containing iti 
4. DESCRIPTION OF THE EQUIPMENT CONTAINING THE PCB 
(overall dimensions and volume) 
5. SERIAL NUMBER/TYPE 
6. MANUFACTURER 
7. DATE OF MANUFACTURE 
8. NAME AND/OR TYPE OF PCBs CONTAINED 
9. QUANTITY OF PCBs CONTAINED 
10. DATE OF REPLACEMENT 
(if carried out) 
11. PRESENT OWNER OF OBJECT 
12. LEGAL. ADDRESS OF OWNER 
13. TELEPHONE NUMBER WHERE OWNER CAN BE CONTACTED 
14. OTHER COMMENTS 
15. IF YOU CANNOT COMPLETE THIS FORM, COPY THE NAME PLATE. 
Signature of respondent 
12-
ANNEX 7 
Directive 
76/403/EBC This Directive 
Article 1(a) 
Article 1(b) 
Article 2 
Article 3 
Article 4 
Article 5 
Article 6 
Article 7 
Article 8 
Article 9 
Article 10 
Article 11 
Article 12 
Article 13 Article 2(a) 
Article 1(e) and (g) of Directive 91/156/EBC amending 
Directive 75/442/EBC 
Article 3 
Article 5 
Article 4 of Directive 91/156/EBC amending 
Directive 75/442/EBC 
Article 4 
Article 6 
Article 5 
Article 15 of Directive 91/156/EBC amending 
Directive 75/442/EBC 
Article 13(2) 
Article 16 of Directive 91/156/EBC amending 
Directive 75/442/EBC 
Article 13(1) 
Article 13(3) 
Article 14 

ISSN 0254-1475 
COM (91)373 final 
DOCUMENTS 
EN 15 
Catalogue number : CB-CO-91-422-EN-C 
ISBN 92-77-76022-2 
Office for Official Publications of the European Conununities 
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