Proposal for a Council Decision concerning the approval, on behalf of the Community, of Parcom Decision 96/1 on the phasing out of the use of hexachloroethane in the non-ferrous metal industry
Date: 1997-11-05
Institutions: European Commission
Subjects: dangerous substance, industrial pollution, marketing restriction, metallurgical industry, non-ferrous metal

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 05.11.1997 
COM(97) 540 final 

97/0297 (CNS) 

Proposal for a 

COUNCIL DECISION 

CONCERNING THE  APPROVAL, ON BEHALF OF THE COMMUNITY, OF 
PARCOM DECISION 96/1 ON THE PHASING OUT OF THE USE OF 
HEXACHLOROETHANE IN THE NON-FERROUS METAL INDUSTRY 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

INTRODUCTION 

1.  The  document  submitted  to  the  Council  is  a  proposal  for  a  Council  Decision  to 
approve  a  Decision  taken  by  PARCOM  (PARCOM  Decision  96/1)  concerning  the 
restriction on the marketing and use of hexachloroethane (HCE) under the Convention 
for  the  Prevention  of  Marine  Pollution  from  Land  Based  Sources  (1974  Paris 
Convention) on behalf of the Community. 

2.  The  Community  is  a  Party  to  the  Paris  Convention  following  Council  decision 
75/437/EEC  of  3  March  19751.  This  Decision  states  that  the  Community  shall  be 
represented  in  the  executive  body  of  the  Convention,  the  Paris  Commission 
(PARCOM),  by  the  European  Commission,  and  that  the  Commission  shall  put 
forward  the  position  of  the  Community  in  accordance  with  such  directives  as  the 
Council may give it. 

3.  Each year PARCOM discusses and may adopt, by a three quarters majority,  measures 
in  the  area  of  pollution  prevention,  laid  down  in  PARCOM  Recommendations  and 
Decisions. 

BACKGROUND  INFORMATION 

4.  In  1992 and  1993, PARCOM  adopted  two  Decisions, PARCOM  Decisions  92/4 and 
93/1,  to  restrict  the  marketing  and  use  of  hexachloroethane  in  non-ferrous  metal 
industry^.  Since  not  all  Member  States  are  Contracting  Parties  to  PARCOM,  this 
would  lead  to  fragmentation  of  the  internal  market.  Although  this  is  an  area  of 
Community  competence, for the reasons given below, the Community did not have a 
negotiation  mandate  for  these  Decisions  nor  did  it take part  in the  adoption  of these 
Decisions. 

5.  By  virtue  of  Article  130R(4)  of  the  EC  Treaty  the  Community  has  external 
competence  for  environmental  issues.  In  addition,  by  virtue  of  Article  100a  and  by 
Council Directive 76/769/EEC^ the Community is competent in the area of marketing 
and use restrictions of dangerous substances and preparations. 

' O J N o .L  194, 25.7.1975, p. 5 

2  PARCOM  Decision  92/4 on the  Phasing  Out of the Use of  HCE  in the  Secondary  Aluminium  Industry 
and  in the Primary  Aluminium  Industry  with  Integrated  Foundries  and  PARCOM  Decision  93/1  on the 
phasing Out of Use of HCE in the Non-Ferrous Metal Industry. 

3  OJ No. L 262, 27.9.1976, p. 201 

Council  Directive  76/769/EEC  is  a  framework  Directive  to  approximate  Member 
States' laws, regulations and administrative provisions relating to the restriction on the 
marketing  and  use  of  certain  dangerous  substances.  Any  dangerous  substance  or 
preparation can be added by amendment to this Directive. 

6.  In December  1994, the  Commission  submitted  a proposal  to  the  Council  concerning 
the  amendment  of  Directive  76/769/EEC  in  order  to  transform  PARCOM  Decisions 
92/4 and 93/1 into  Community  law4. The European Parliament,  in its opinion  of 20 
September  1994^, proposed  two amendments  to the proposed  Directive.  According 
to  the  first  amendment,  an  additional  derogation  from  the  ban  would  be  given  to 
aluminium casting works using very small amounts of HCE.  The second amendment 
related to the entry into force  of the Directive. In respect of the first amendment,  this 
additional derogation would have virtually no effect  on the environment as it concerns 
only  2% of HCE use. It would  however,  save  from  going  out  of business  more than 
100  small  and  medium  enterprises  employing  several  thousands  of  people.  The 
Commission  supported  both  of  the  amendments  and  modified 
its  proposal 
accordingly. 

7.  However, the  Community  should  not  accept  dissimilar  international  obligations.  For 
this  reason,  it  was  important  to  ensure  that  the  existing  PARCOM  Decisions  were 
modified.  Therefore  the  Commission  submitted  a  Recommendation  for  a  Council 
Decision  authorising  the  Commission  to  propose  and  negotiate  on  behalf  of  the 
Community an amendment to PARCOM Decisions 92/4 and 93/1. 

8.  The  Council  granted  the  negotiation  mandates  on  4  March  1996.  The  Commission 
entered  into  negotiations  in  PARCOM  in  accordance  with  the  negotiation  directives 
granted by the Council. In June  1996 PARCOM Decision 96/1 on the Phasing Out of 
the  Use  of  HCE  in  Non-Ferrous  Metal  Industry,  which  includes  the  required 
amendments,  was adopted by PARCOM. 

9.  In the meantime, the Council  has adopted  Council  Directive  97/16/EC^  which  is the 
fifteenth  amendment  to  Council  Directive  76/769/EEC  on  the  restrictions  on  the 
marketing  and  use  of  certain  dangerous  substances  and  preparations  and  adds 
hexachloroethane  to  Annex  I  of  Council  Directive  76/769/EEC.  Thus  PARCOM 
Decision 96/1 is now in conformity  with the relevant Community legislation. 

4 OJNo.C 382, 31.12.94, p.35. 

5 OJ No. C  269. 16.10.1995 p.63. 

6 OJ No. LI  16, 6.05.1997, p. 31 

: Proposal for a 

COUNCIL DECISION 

CONCERNING THE  APPROVAL, ON BEHALF OF THE COMMUNITY, OF 
PARCOM DECISION 96/1 ON THE PHASING OUT OF THE USE OF 
HEXACHLOROETHANE IN THE NON-FERROUS METAL INDUSTRY 

THE COUNCIL OF THE EUROPEAN UNION 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  100a, in conjunction with Article 228(2), first sentence, and (3), first paragraph, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas on 3 March  1975 the Community  concluded  the Convention  of the Prevention 
of  Marine  Pollution  from  Land  Based  Sources  (Paris  Convention)3  thus  becoming  a 
Contracting Party to this Convention; 

Whereas  the  executive  body  of  the  Paris  Convention  (PARCOM  -  Paris  Commission) 
may  adopt  measures  in the  area of pollution  prevention  and  that  it  adopted  PARCOM 
Decision 96/1 on the phasing out of the use of hexachloroethane  in the non-ferrous  metal 
industry; 

Whereas the Commission participated  in the adoption of the PARCOM Decision 96/1 on 
the basis of the authorization granted by the Council and within the negotiation directives 
issued accordingly; 

l 

2  Reference of EP's opinion 

3O JL  194, 25.7.1975, p.5 

Whereas  Council  Directive  76/769/EEC  of  27  July  1976  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 preparations4, 
as last amended by Directive 97/16/EC5 of  10 April  1997, adds hexachloroethane to the 
list of dangerous substances in Annex I of Directive 76/769/EEC; 

Whereas  the  provisions  of  PARCOM  Decision  96/1  are  in  line  with  Directive 
76/769/EEC; 

Whereas it is therefore desirable that the Community approve PARCOM Decision 96/1, 

HAS DECIDED AS FOLLOWS 

Sole Article 

The PARCOM Decision 96/1 on the Phasing Out of the Use of Hexachloroethane 

1. 
in the Non-Ferrous Metal Industry is hereby approved on behalf of the Community. 

The text of the said decision is attached to this Decision . 

The  Commission  is  hereby  authorized  to  notify  this  approval  to  the  Paris 

2. 
Commission. 

Done at Brussels 

For the Council 

The President 

4 OJ No. L 262, 27.09.1976, p. 201 

5 OJ No. LI 16, 6.05,1997, p. 31 

OSLO AND PARIS CONVENTIONS FOR THE PREVENTION OF MARINE POLLUTION 

JOINT MEETING OF THE OSLO AND PARIS COMMISSIONS 

OSLO: 17-21 JUNE 1996 

Annex  1 

PARCOM  Decision  96/1  on the Phasing-Out of the Use 
of Hexachloroethane  in the Non-Ferrous  Metal  Industry 

RECALLING PARCOM Decision 92/4 on the Phasing-Out of the Use of Hexachloroethane (HCE) 
in  the  Secondary  Aluminium  Industry  and  in  the  Primary  Aluminium  Industry  with  Integrated 
Foundries; 

RECALLING. PARCOM Decision 93/1 on the Phasing Out of the Use of Hexachloroethane (HCE) 
in the Non-Ferrous Metal Industry; 

CONSIDERING  that  organohalogen  compounds  which  are  toxic,  persistent  and  liable  to 
bioaccumulate are a cause of marine pollution requiring urgent measures; 

CONSIDERING that these substances are on the Paris Convention priority list; 

CONSIDERING that hexachloroethane  has been used till  now in the non-ferrous  metal  industry, 
mainly as a degasifier in magnesium and copper foundries; 

CONSIDERING that other  systems  and alternative  substances  already  exist, capable  of  attaining 
similar,  or  even  superior,  technical  efficiency  and  performance  and  that  some  of  the  alternative 
techniques involve less ecological risk; 

CONSIDERING that limited exemptions are necessary for some applications in the production of 
magnesium  and  aluminium  alloys  to  give  small  and  medium  foundries  a  reasonable  period  for 
adaptation; 

Contracting  Parties to  the  Convention  for  the Prevention  of Marine  Pollution 
from Land-Based Sources DECIDE that: 

1. 

Programmes and Measures 

1.1  All uses of HCE in the aluminium industry (including integrated and non-integrated  foundries 
casting aluminium) shall be phased out as far as possible by 31 December 1996 and at the latest by 
31 December 1997. 

1.2  All  uses  of  HCE  in  other  non-ferrous  metal 
31 December 1997. 

industry  shall  be  phased  out  by 

6 

1.3  As exceptions  to this  Decision,  hexachloroethane  may be  used: 

a. 

b. 

for  grain refining  in the production  of the magnesium  alloys AZ81, AZ91  and  AZ92; 

in  non-integrated  aluminium  foundries  producing  specialised  castings  for  applications 
requiring  high  quality  and  high  safety  standards  and  where  consumption  is  less  than 
1,5 kg of hexachloroethane  per day  on  average. 

The need  for these exceptions  will be reviewed  in  1998. 

1.4 

Potential  alternative  technologies  should  be  assessed  by  competent  authorities  for  their  risks 
and  benefits. 

2. 

Entry  into  Force 

2.1  This  Decision  replaces  PARCOM  Decisions  92/4  and  93/1 with effect  from  the  date  when  the 
Secretariat  has  received  confirmation  from  Contracting  Parties holding  at least  three-quarters  of  the 
total  number  of votes  in the Paris Commission  that they are in a position to  proceed. 

2.2  That replacement has effect  for  each Contracting  Party 

from: 

{j 

(a) 

the date mentioned  in sub-paragraph 2.1,  or 

(b) 

the date when  it delivers  such a notification  to the  Secretariat, 

whichever  is later. 

3. 

Implementation  Reports 

Implementation  reports  on  this  Decision  should  be  made  to the  appropriate  OSPAR  working 
3.1 
group  meeting  preceding  the  meeting  of  OSPAR  1999. When  reporting  the  format  as  set  out  in  the 
Appendix  should be used to the extent possible. 

« 

* 

Implementation  Reporting Format for PARCOM Decision 96/1 on the Phasing-
Out of the Use of Hexachloroethane in the Non-Ferrous Metal  Industry 

Appendix 

Contracting 
Party 

Belgium 

Denmark 

Finland3 

France 

Germany 

Iceland 

Ireland 

Netherlands 

Norway 

Portugal 

Spain 

Sweden 

United Kingdom 

EC 

Luxembourg0 

Switzerland5 

Reservation 

Not applicable 

By legislation  Administrative 

action 

Voluntary 
agreement 

MEANS OF  IMPLEMENTATION1" 

• 

-

. 

Give information on specific  measures taken to give effect  to this Decision. 
Provide information  on any special difficulties  encountered, such as practical or legal problems, in the 
implementation of this Decision. 
The reasons for not having fiilly implemented  this Decision should be spelt out clearly and plans for full 
implementation should be reported. 
State why this Decision is not applicable. 
Contracting State to the OSPAR Convention. 
Signatory to the Paris Convention and the OSPAR Convention. 

ISSN 0254-1475 

COM(97) 540  final 

DOCUMENTS 

EN 

10  14  15 

Catalogue number  :  CB-CO-97-562-EN-C 

ISBN 92-78-26198-X 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg