COMMON POSITION (EC) No 4/97 adopted by the Council on 26 November 1996 with a view to adopting Directive 97/. . ./EC of the European Parliament and of the Council amending for the 15th time Council Directive 76/769/EEC on restrictions on the marketing and use of certain dangerous substances and preparations (97/C 41/01)

THE EUROPEAN PARLIAMENT AND COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 100a 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 189b of the Treaty (3),

Whereas Article 7a of the Treaty establishes an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;

Whereas all Member States, with the exception of Austria, Finland, Greece, Italy and Luxembourg, are Contracting Parties to the Convention for the Prevention of Marine Pollution from Land-based Sources (1974 Paris Convention); whereas the Paris Commission, the executive body of the Paris Convention, considers hexachloroethane and the substances that can be formed as a result of its use, as substances which create pollution that should be eliminated in accordance with Article 4 (1) (a) of the Paris Convention; whereas the Council by a mandate adopted on 4 March 1996 authorized the Commission to negotiate a decision to phase out hexachloroethane with some exceptions for use in the non-ferrous metal industries and in particular in non-integrated foundries casting aluminium and for certain magnesium alloys; whereas as a result of the negotiations held at the meeting of the Oslo and Paris Commissions in Oslo in June 1996 Parcom Decision 96/1, on the phasing out of the use of hexachloroethane in the non-ferrous metal industry was adopted, replacing existing Parcom Decisions 92/4 and 93/1 on the same matter; whereas Parcom Decision 96/1 provides for a review of the need for the exceptions to the ban on the use of hexachloroethane in 1998;

Whereas the limits imposed on Member States as regards the placing on the market of hexachloroethane for use in the non-ferrous metal industries directly affect the functioning 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 I to Directive 76/769/EEC (4);

Whereas in view of the scope and effects of the proposed action, the Community measures envisaged by this Directive are not merely necessary, but vital for the attainment of the stated objectives; whereas these objectives cannot be achieved by Member States individually; whereas furthermore their attainment at Community level is already provided for by Directive 76/769/EEC,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 76/769/EEC shall be amended as set out in the Annex hereto.

Article 2

Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1997 at the latest. They shall immediately inform the Commission thereof.

They shall apply these provisions from 1 January 1998.

When Member States adopt these 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 a reference shall be laid down by the Member States.

Article 3

This Directive shall enter into force on the 20th day following 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 No C 382, 31. 12. 1994, p. 35 and OJ No C 12, 17. 1. 1996, p. 12.

(2) OJ No C 236, 11. 9. 1995, p. 12.

(3) Opinion of the European Parliament of 20 September 1995 (OJ No C 269, 16. 10. 1995, p. 63), Council common position of 26 November 1996 (not yet published in the Official Journal) and Decision of the European Parliament of . . . (not yet published in the Official Journal).

(4) OJ No L 262, 27. 9. 1976, p. 201. Directive as last amended by Directive 94/60/EC (OJ No L 365, 31. 12. 1994, p. 1).

ANNEX

The following substance is added to Annex I to Directive 76/769/EEC:

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 15 December 1994 the Commission submitted a proposal based on Article 100a of the EC Treaty amending for the 16th 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.

2. The European Parliament and the Economic and Social Committee delivered their opinions on 20 September 1995 and 31 May 1995 respectively.

In the light of those opinions, the Commission submitted an amended proposal on 27 October 1995.

The Council adopted its common position in accordance with Article 189b of the Treaty on 26 November 1996.

II. OBJECTIVE OF THE PROPOSAL

The purpose of the proposal is to amend Annex I to Directive 76/769/EEC by adding a dangerous substance known as hexachloroethane so as to prohibit its use in the non-ferrous metal industries, subject however to a number of temporary derogations. The proposed amendment will transpose into Community law Parcom Decision 96/1 which replaces Parcom Decisions 92/4 and 93/1 of the Paris Convention for the Prevention of Marine Pollution from Land-based Sources (Parcom). Such transposition is necessary because only 10 Member States are parties to the Convention - Decisions under which are binding - with the result that the unity of the Union's market must be protected by establishing uniform rules for movements of hexachloroethane (HCE).

III. ANALYSIS OF THE COMMON POSITION

The proceedings within the Council framework have resulted in the adoption of almost the entire text of the Commission's amended proposal, in which it incorporated all the amendments proposed by the European Parliament. The alterations made to that text are mainly due to the time which elapsed between submission of the amended proposal and resumption of the Council's proceedings following Parcom Decision 96/1, which was adopted in June 1996.

The following changes have been made.

Recitals

In the second recital, the reference to the negotiations on Parcom Decisions 92/4 and 93/1 has been replaced by a reference to the negotiations on Parcom Decision 96/1.

Article 2, first paragraph

The deadline for transposition of the Directive into national law has been changed from 30 June 1997 to 31 December 1997.

Annex

- a second criterion for the derogation from the ban on the use of HCE in non-integrated aluminium foundries has been introduced in accordance with Parcom Decision 96/1, namely that the foundries in question produce specialized castings for applications requiring high quality and high safety standards,

- the deadline of 31 December 1998 for review of the two derogations has been substituted for the original date of 31 December 1996.