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
Date: 1989-06-21
Institutions: European Commission
Subjects: approximation of laws, dangerous substance, environmental protection, health policy, marketing restriction, technological change

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 

cooperation  procedure  by  the  European  Parliament 

(1) 

on  the  proposal  sent 

by the Commission  to the Council  for a Council  Directive  amending  for the 

eight  time  Directive 76/769/EEC 

,  the Commission  has decided  to amend 

(2) 

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 

1 9 8 9 -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 

COM(89)  316  final 

ISSN 0254-1475 

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 

€ 

COMMISSION OF THE EUROPEAN COMMUNITIES 

21.6.1989