12. 12. 88 Official Journal of the European Communities No C 319/57 
Proposal for a Council Directive on the disposal of polychlorinated biphenyls and polychlorinated 
terphenyls 
COM(88) 559 final — SYN 161 
(Submitted by the Commission on 3 November 1988) 
(88/C 319/06) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100A 
thereof, 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; 
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 biphenyls and poly­
chlorinated terphenyls (J) constituted a preliminary ap­
proximation 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 environ­
mental 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); 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 the marketing of PCBs is now prohibited and 
whereas substitutes are commercially available; whereas 
regeneration should consequently be prohibited; 
Whereas PCB 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 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 Council Directive 76/769/EEC of 27 July 1976 on 
the approximation of the laws, regulations and adminis­
trative 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; 
(!) OJ No L 108, 26. 4. 1976, p. 41. 
(2) OJ No C 328, 7. 12. 1987, p.l. 
(3) OJ No L 262, 27. 9. 1976, p. 201. 
(4) OJ No L 375, 31. 12. 1985, p. 1. 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, 
(5) OJ No L 194, 25. 7. 1975, p. 39. 
(6) OJ No L 194, 25. 7. 1975, p. 23. 
(7) OJ No L 42, 12. 2. 1987, p. 43. 
No C 319/58 Official Journal of the European Communities 12. 12. 88 
HAS ADOPTED THIS DIRECTIVE: 
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. 
Article 2 
For the purposes of this Directive: 
(a) 'PCBs' means: 
— polychlorinated biphenyls (PCB), 
— polychlorinated terphenyls (PCT), 
— any mixture containing more than 0,005 % by 
weight of PCBs and/or PCTs. 
(b) 'Used PCBs' means any PCBs which are waste within 
the meaning of Directive 75/442/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 contain­
ing 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. 
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 under­
taking, 
— the incineration of PCBs on incinerator ships from 1995. 
Article 4 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 treatment is carried out by an authorized 
undertaking; and 
(c) the transformer is in good working order and does not 
leak. 
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: 
— 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 sub­
stances. 
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/EEC (!) and as described in Annex 2 
hereto. 
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. 
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. 
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. 
1. By way of derogation from Article 3 of Directive 75/ 
442/EEC Member States shall prohibit regeneration. (!) OJ No L 326, 13. 12. 1984, p. 31. 
12. 12. 88 Official Journal of the 
Article 7 
1. Member States shall take the necessary measures to 
ensure that: 
(a) PCBs are replaced by other fluids only if other solutions 
would entail greater risks; 
(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; 
(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. 
2. Member States may prohibit the replacement of PCBs 
in their territory. 
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. 
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 dm3 of PCBs is located. 
2. Member States shall compile inventories of equipment 
containing more than 8 dm3 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. 
Article 10 
Member States shall, within three years of the notification 
of this Directive and after consulting the Waste Manage-Communities No C 319/59 
ment Committee set up by the Commission Decision 76/ 
431/EEC C1), 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 dm3 of 
PCBs or equipment containing such capacitors. 
Member States shall notify these plans to the Commission 
without delay. 
Article 11 
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; 
(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 concern­
ing PCBs. 
Article 12 
1. Directive 76/403/EEC is hereby repealed with effect 
from 1 January 1990. 
2. References to the Directive repealed under paragraph 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 take the necessary measures to 
comply with this Directive from 1 January 1990. 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 governed by this Directive. The Commission 
shall inform the other Member States thereof. 
Article 14 
This Directive is addressed to the Member States. 
(!) OJ No L 115, 1. 5. 1976, p. 73. 
No C 319/60 Official Journal of the European Communities 12. 12. 88 
ANNEX 1 
A. INSTALLATIONS 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. 
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. 
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; 
(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 sensors to enable it to make good 
representative measurements; 
(c) the incinerator must totally destroy the molecules of toxic substances. 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 have an oxygen content of 3 % by volume; 
(d) where the process does not use post-combustion, incineration efficiency must be comparable to that of 
conventional incineration. 
B. INSTALLATIONS FOR THE COLLECTION AND TEMPORARY 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 
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. 
12. 12. 88 Official Journal of the European Communities No C 319/61 
ANNEX 2 
TRANSPORT OF USED PCBs AND EQUIPMENT CONTAINING PCBs 
1. Where the relevant international transport agreements which appears in Annex II to Directive 84/631/ 
EEC (*) on transfrontier shipment of dangerous and toxic substances, or codes make specific mention of 
PCBs the requirements of these agreements and codes shall apply to national and international transport. 
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 requirements of class IVa of the ADNR shall apply to 
the transport of PCBs by inland waterway. 
3. When more than 50 ppm of PCBs are present in a mixture with another dangerous substance 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. 
(!) OJ No L 326, 13. 12. 1984. 
ANNEX 3 
REPLACING 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 contained 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 time required for the residual PCBs to infiltrate the new fluid, the equipment in question shall 
continue to carry the label to be affixed to equipment containing PCBs shown in Annex 5 while it is in 
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 has been shown to 
contain a fluid that is not contaminated with more than 500 ppm of PCBs, during the rest of its lifetime an 
indelible and clearly visible sign shall be fixed to it as set out in Annex 4. 
8. At the end of the life of 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 for the destruction of 
PCBs. If some components of the equipment have levels of 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. 
No C 319/62 Official Journal of the European Communities 12. 12. 88 
ANNEX 4 
LABELLING OF EQUIPMENT IN WHICH PCBs HAVE BEEN REPLACED BY OTHER FLUIDS 
Each item of equipment shall be clearly marked with an 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 must include the following symbol and be worded in the language of the country in which 
the equipment is used and in English: 
This equipment was originally filled 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. 
Date(s) of sampling Residual PCBs 
12. 12. 88 Official Journal of the European Communities No C 319/63 
ANNEX 5 
LABELLING OF EQUIPMENT CONTAINING PCBs 
Such equipment shall be clearly and individually marked with an indelible sign in accordance with Directive 79/ 
831/EEC and worded in the language of the country in which it is used and in English. 
Xn 
ANNEX 6 
INSTRUCTIONS ON HOW TO COMPILE AN INVENTORY 
1. To enable identification of equipment containing PCBs and to facilitate the decoding of the coded 
information on rating 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. 
No C 319/64 Official Journal of the European Communities 12. 12. 88 
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 
1. LOCAL AUTHORITY UNDER WHOSE JURISDICTION THE OBJECT FALLS 
2. LOCATION OF PCBs 
(give sufficient details) 
3. PURPOSE FOR WHICH OBJECT USED 
(unit containing it) 
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. 12. 88 Official Journal of the European Communities No C 319/65 
ANNEX 7 
Directive 
76/403/EEC 
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 Proposed Directive 
Article 2 (a) 
Article 1 (b) and (c) of amended Directive 
75/442/EEC 
Article 3 
Article 4 
Article 4 of Directive 75/442/EEC 
Article 4 
Article 6 
Article 8 of Directive 75/442/EEC 
Article 12 
Article 12 of Directive 75/442/EEC 
Article 14 (1) 
Article 14 (2) 
Article 15