COMMISSION OF THE EUROPEAN COMMUNITIES 
COM (89) 316 final - SYN 119 
Brussels, 21 June 1989 
AMENDMENT TO THE PROPOSAL FOR A 
COUNCIL DIRECTIVE 
amending for the eight 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 
(presented by the Commission pursuant to the third paragraph of Article 149 
of the EEC Treaty) 
c. 
6*>i«f 
EXPLANATORY NOTE 
At its sitting on 17 March 1989 the European Parliament delivered an 
opinion on the Commission proposal set out in document C0MC88) 7 final of 
1 February 1988. 
This proposal takes account of the amendments requested by the European 
Parliament where the Commission has been able to accept them. 
3. 
AMENDMENT TO THE PROPOSAL FOR A 
COUNCIL DIRECTIVE 
amending for the eight 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 
In the light of the opinion delivered in the first reading under the 
(1) cooperation procedure by the European Parliament on the proposal sent 
by the Commission to the Council for a Council Directive amending for the 
(2) eight time Directive 76/769/EEC , the Commission has decided to amend 
the abovementioned proposal as follows: 
1. The following shall be added to the fourth recital: 
"whereas ILO (International Labour Organisation) Convention 136 and 
ILO Recommendation 144 lay down provisions on protection against 
hazards arising from benzene;" 
2. The following shall be added to the fifth recital: 
"whereas present Community legislation concerning the possible 
adoption by the Member States of more stringent restrictions on the 
use of the substances and preparations in question at the workplace 
is unaffected by this Directive;" 
OJ n 
(2) OJ C 43, 16.2.1988, p. 9 
4. 
3. The following shall be added to the sixth recital: 
"whereas ILO Convention 13 regulates the use of white lead in 
paints;" 
4. Article 1 (3)(b) shall be replaced by the following: 
"(b) substances and preparations for use in industrial processes in 
which, under existing legislation, benzene may not be emitted;" 
5. The following shall be added to Article 1 (4), point 19: 
"(b) as a wood preservative;" 
6. Article 1 (4), point 20, shall be amended and extended to read as 
follows: 
"(c) or for use as a wood preservative. 
This ban does not apply to solutions of inorganic salts of the CCA 
(copper-chromium-arsenic) type employed in industrial installations 
using vacuum or pressure to impregnate wood. 
Furthermore, the Member States may authorize in their territory the 
use of DFA (dinitrophenol-fluoride-arsenic) preparations for the in 
situ impregnation of wooden poles carrying overhead lines. Such 
preparations shall be employed by professionals using vacuum or 
pressure." 
ANNEX 
Commission position on non-adopted amendments 
Amendment No 4 introducing a recital 9(a) worded as follows: 
"Whereas it will also be necessary to adopt rules restricting the 
marketing and use of certain dangerous substances and preparations in 
respect of: 
- dangerous waste not covered by the rules laid down in the Council 
Directive of 18 September 1979 amending for the sixth time Directive 
67/548/EEC on the approximation of the laws, regulations and 
administrative provisions relating to the classification, packaging and 
labelling of dangerous substances (79/831/EEC), 
- new substances with properties and potential danger similar to those of 
substances already covered by Directive 76/769/EEC and the directives 
amending it, for example certain substitutes for PCB." 
Commission position 
Such an amendment is unacceptable as a new recital as it does not 
introduce any legal provision into the proposal for a Directive. 
Amendment No 5 introducing a recital (9)b worded as follows: 
"Whereas, in addition, a procedure must be laid down so that in future 
PCB and PCT concentrations can be determined uniformly throughout the 
Community." 
6. 
Commission position 
This is unacceptable in this proposal as it results in duplication of 
effort. It provides for the laying down of a Community method of analysis 
for the determination of PCB and PCT concentrations. Such a method of 
measurement is already provided for in the proposal for a Council 
Directive (doc 88/559/final SYN 161 of 16 January 1988). 
Amendments No 6 and No 12 must be considered together for a better 
approach to the problem. Amendment No 6 is a recital justifying amendment 
No 12, the prohibition of DBBT. 
Amendment No 6 
"Whereas since the prohibition on the use of PCB and PCT (C0M(85)467) 
substitute products have been developed, for example DBBT, which cause 
the same environmental problems as PCB and whose use and marketing have 
already been prohibited in one Member State; whereas it also seems 
necessary to approximate the legal provisions of the Member States with 
regard to this substance; 
Amendment No 12 
"23. Dibromobenzyltoluene 
TetrachlorobenzyItoluene 
Dichlorobenzyltoluene (DBBT) 
shall be prohibited as substances or as constituents of preparations 
placed on the market." 
Commission position 
Although the introduction of these two amendments is commendable and 
understandable, the Commission cannot accept them as it has undertaken to 
consider the matter in a broader context. 
7. 
In November 1988, the Netherlands authorities notified the Commission of 
a draft Order prohibiting the marketing of DBBT, UNILEC 121 and UNILEC 
141 (notification 88/0112/NL). In its reply of 6 February 1989 to the 
Netherlands authorities, the Commission announced that it intended to 
propose a directive restricting the marketing and use of all three 
substances. 
Amendment No 10. introduces a derogation from Article 1(4), point 21, 
which reads as follows: 
"This prohibition shall not apply to light metal or aluminium boat hulls 
or to other aluminium or light metal components, such as the engines and 
propulsion gear of boats, which enter the water." 
Commission position 
The amendment is unacceptable as there are substitutes for the specific 
protection of aluminium and aluminium-based light alloy boat hulls, 
namely paints based on copper, nylon or a polymer of the same type. 
Commission of the European Communities 
COM(89) 316 final 
Amendment to the proposal for a 
COUNCIL DIRECTIVE 
amending for the eighth 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 
(presented by the Commission pursuant to Article 149(3) of the EEC 
Treaty) 
21.6.1989 
Office for Official Publications of the European Communities 
L - 2985 Luxembourg 
Series: DOCUMENTS 
1989-7 pp. - Format: 21.0 * 29.7 cm 
EN 
ISSN 0254-1475 
ISBN 92-77-51225-3 
Catalogue number: CB-CO-89-268-EN-C 
ISSN 0254-1475 
COM(89) 316 final 
DOCUMENTS 
Amendment to the proposal for a 
COUNCIL DIRECTIVE 
amending for the eighth 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 
(presented by the Commission pursuant to 
Article 149(3) of the EEC Treaty) 
06 
Catalogue number: CB-CO-89-268-EN-C 
ISBN 92-77-51225-3 21.6.1989 
€ 
COMMISSION OF THE EUROPEAN COMMUNITIES