No C 24/20 Official Journal of the European Communities 1. 2. 90 
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 prepa­
rations 
COM(89) 665 final 
(Submitted by the Commission to the Council on 22 January 1990) 
(90/C 24/15) 
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 measures for the progressive establishment of 
the internal market over the period up to 31 December 
1992 have to be adopted; whereas the internal market 
comprises an area without internal frontiers in which the 
free movement of goods, persons, services and capital is 
guaranted; 
Whereas Directive 76/769/EEC ('), as last amended by 
Directive 85/610/EEC (2), and as amended in relation to 
PCBs and PCTs by Directive 85/467/EEC (J), imposes 
severe restrictions on the marketing and use of PCBs and 
PCTs as a consequence of the risks to man and the envi­
ronment; 
Whereas several substitutes have been developed to 
replace PCBs and whereas some of these substitutes, 
though less dangerous to man and the environment than 
PCBs/PCTs, nevertheless constitute a potentially high 
risk to man and the environment; 
Whereas it is therefore necessary to restrict the 
marketing and use of these substitutes; 
Whereas the substance bearing trade name Ugilec 141 
has been on the market since 1981; whereas the 
substance or preparations containing this substance are 
currently used as a dielectric fluid in condensors and 
transformers and as a hydraulic fluid in coal mines; 
whereas it is recognised that this substance is less 
dangerous to man and the environment than the PCBs it 
was designed to replace; 
(') OJ No L 262, 27. 9. 1976, p. 201. 
O OJ No L 375, 31. 12. 1985, p. 1. 
O OJ No L 269, 11. 10. 1985, p. 56. Whereas by virtue of its ecotoxicity, persistence and 
potential to bioaccumulate this substance constitutes a 
high risk to the environment; whereas significant envi­
ronmental contamination has already been documented 
in the vicinity of mining operations using this substance 
as a hydraulic fluid; whereas in the event of a fire 
involving any equipment containing this substance highly 
toxic substances may be given off; whereas eventual 
disposal of Ugilec 141 will require special procedures; 
Whereas the substance bearing trade name Ugilec 121, 
being a new substance, has been notified on 15 March 
1984, in accordance with Council Directive 
79/831 /EEC (4) and can therefore be marketed 
throughout the Community; whereas this substance has 
similar properties and behaviour and was intended for 
uses similar to that of Ugilec 141 and whereas the manu­
facturer has subsequently withdrawn this substance 
voluntarily from the market; whereas restrictive measures 
are necessary to ensure that the substances or prepa­
rations containing the substance are not reintroduced on 
the market at a future date; 
Whereas the substance DBBT, being also a new 
substance, was notified in accordance with Directive 
79/831 /EEC on 26th February 1988 and can therefore 
be marketed throughout the Community; whereas the 
intended use of this substance either on its own or in 
preparations is as a hydraulic fluid in coal mines, and 
whereas such usage can be expected to result in 
significant environmental contamination; whereas by 
virtue of its ecotoxicity, persistence and potential to 
bioaccumulate this substance constitutes a potentially 
high risk to the environment; whereas restrictive 
measures should be introduced before this substance has 
become established on the Community Market; 
Whereas effective replacements or alternative approaches 
already exist which make the continued use of these 
three substances unnecessary; 
Whereas limitations on use or marketing already adopted 
by certain Member States in respect of the substances 
referred to above or of preparations containing them 
have a direct incidence on the establishment and func­
tioning of the internal market; whereas it is therefore 
necessary to approximate the laws of the Member States 
in this field, and consequently to amend Annex 1 to 
Directive 76/769/EEC, 
(4) OJ No L 259, 15. 10. 1979, p. 10. 
1.2.90 Official Journal of the European Communities No C 24/21 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
The following points are hereby added to Annex 1 to Directive 76/769/EEC. 
'Designation of the substance, of the groups of 
the substances or of the preparation 
— 25 Monomethyl — tetrachlorodi-
phenyl methane 
Trade name Ugilec 141 
Cas No 76253-60-6 
— 26 Mono-methyl-dichloro-diphenyl 
methane — 
Trade name Ugilec 121, Ugilec 21 
Cas No — unknown 
— 27 Monomethyl-dibromo-diphenyl 
methane — 
Trade name DBBT 
Cas No 99688-47-8 Conditions of Restriction 
As from ../../19.. (three years after the date of adoption of 
this Directive) the placing on the market and use of this 
substance and of preparations containing it shall be prohibited. 
By way of exception this provision shall not apply: 
1. in the case of plant and machinery already in service on 
../../19.. (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. 
2. in the case of the maintenance of plant and machinery 
already in service on ../../19.. (three years after date of 
adoption of this Directive) 
As from ../../19.. (three years after the date of adoption of 
this Directive) the placing on the second-hand market of this 
substance, preparations containing this substance and plant/ 
machinery containing this substance, shall be prohibited. 
The placing on the market and use of this substance and of 
preparations containing it shall be prohibited. 
The placing on the market and use of this substance and of 
preparations containing it shall be prohibited.' 
Article 2 
1. Member States shall take the measures necessary to comply with this Directive not later 
than ../../19.. (one year after the date of adoption or this Directive). 
They shall forthwith inform the Commission thereof. 
2. Member States shall communicate to the Commission the texts of the provisions of 
national law which they adopt in the field covered by this Directive. 
3. The provisions adopted pursuant to the first paragraph shall make express reference to 
this Directive. 
Article 3 
This Directive is addressed to the Member States.