WRITTEN QUESTION P-0461/01

by Rosemarie Müller (PSE) to the Commission

(13 February 2001)

Subject: Ban on the biocide tributyltin (TBT)

There is a consensus amongst scientists that tributyltin (TBT) acts as a strong environmental hormone which disrupts human and animal hormone systems. However, the chemical is still used as a biocide in paints used to combat algae growth on ships' hulls and as a preserving agent for heavy textiles. A world-wide ban on the use of TBT, to enter into force as early as 1 January 2003, is being sought by the International Maritime Organisation (IMO). At least one Member State of the EU has announced a national ban on the use of TBT for 2001 and has notified the Commission accordingly.

Does the Commission support the objective of a world-wide ban on the use of TBT entering into force on 1 January 2003? Because of the length of the legislative procedure and of a transitional period within the EU, should not a legislative proposal for a ban on the use of TBT be submitted forthwith?

Answer given by Mr Liikanen on behalf of the Commission

(5 April 2001)

The risks posed by organotin compounds, in particular tributyltin (TBT), to the aquatic environment are widely recognised. The Commission is therefore fully supportive of a global ban on the application of organotin compounds which act as biocides in antifouling systems on ships by 1 January 2003 as proposed by the Maríne Environment Protection Committee of the International Maritime Organisation (IMO).

In the Community the marketing and use of TBT for use in antifouling paints on ships is restricted by Commission Directive 1999/51/EC of 26 May 1999(1), adapting to technical progress for the fifth time Annex I to Council Directive 76/769/EEC of 27 July 1996(2) on restrictions on the marketing and use of dangerous substances and preparations (tin, PCP and cadmium). According to these restrictions TBT may only be used in antifouling paints on ships longer than 25 metres if the antifouling system provides for controlled release of TBT. The use on boats shorter than 25 metres is banned as well as its use on boats in inland waters of the Community. However, at the time of adoption of Directive 1999/51/EC, a majority of Member States agreed to await the decision of IMO to ban TBT globally before introducing a ban at Community level. It was judged that a unilateral ban would not be effective on ocean going ships. In the light of this the Directive provides for a review of the provisions before 1 January 2003.

The Commission is closely following the developments in IMO, in particular the preparations for the Diplomatic Conference in October 2001 where a decision to introduce a global ban on TBT is expected. Following that decision the Commission will immediately prepare a Commission Directive adapting Directive 76/769/EEC to technical progress. Such a Directive would follow the committee procedure and could be completed in three to six months. This would leave sufficient time before 1 January 2003 for the Member States to transpose the provisions into national legislation.

With regard to the use of tin organic substances for the treatment of textiles the Commission will invite Member States to submit all available information about possible risks of this use. The issue may then be raised with other Member States in the Working Group on restrictions on marketing and use established under Directive 76/769/EEC. Once the necessary discussions and evaluations have been completed, the Commission will, if appropriate, propose to introduce restrictions also for such uses.

(1) OJ L 142, 5.6.1999.

(2) OJ L 262, 27.9.1976.