Amended proposal for a Directive of the European Parliament and of the Council amending for the twentieth time Council Directive 1976/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (Short Chain Chlorinated Paraffins) (COM(2001) 268 final — 2000/0104(COD))  (Text with EEA relevance)
Date: 2001-05-18
Institutions: European Commission
Subjects: approximation of laws, dangerous substance, environmental protection, marketing restriction, paraffin

C 213 E/296

EN

Official Journal of the European Communities

31.7.2001

Amended proposal for a Directive of the European Parliament and of the Council amending for
the twentieth time Council Directive 1976/769/EEC relating to restrictions on the marketing and
use of certain dangerous substances and preparations (Short Chain Chlorinated Paraffins)

(2001/C 213 E/20)

(Text with EEA relevance)

COM(2001) 268 final (cid:151) 2000/0104(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 18 May 2001)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of
Committee (2),

the Economic and Social

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) Limitations already adopted or planned by certain Member
States on the use of Short Chain Chlorinated Paraffins
(SCCP) following PARCOM (Convention for the Prevention
of Marine Pollution from Land-based Sources) decision
95/1 directly affect
the completion and functioning of
the internal market; it is therefore necessary to approximate
the Member States
the
field and
laws of
consequently
to Directive
Annex
to
1976/769/EEC (3).

in this

amend

I

(2) SCCP is classified as dangerous to the environment, being
very toxic to aquatic organisms and may cause long-term
adverse effects in the aquatic environment.

(3) The Commission has adopted a Recommendation in the
framework of Council Regulation (EEC) No 793/1993 on
the evaluation and control of
the risks of existing
substances, recommending to take specific measures to
in particular in metal working
restrict the use of SCCP,
fluids and leather finishing products in order to protect
the aquatic environment.

(4) In the light of new scientific knowledge, other known uses
in particular with regard to

of SCCP will be reviewed,
emissions from articles containing SCCP.

(5) On 27 November 1998,
and

the Scientific Committee on
Toxicity,
(CSTEE)
delivered its opinion on the risks of SCCP identified by
the Recommendation.

Environment

Ecotoxicity

the

at work,

(6) The provisions of this Directive apply without prejudice to
Community legislation on safety and health protection of
particular Council Directive
workers
1989/391/EEC (4) on the introduction of measures
to
encourage improvements
in the safety and health of
workers at work and Council Directive 1998/24/EC (5) on
the protection of the health and safety of workers from the
risk related to chemical agents at work,

in

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 1976/769/EEC is hereby amended as set
out in the Annex to this Directive.

Article 2

1. Member States shall adopt and publish the laws, regu-
lations and administrative provisions necessary to comply
with this Directive no later than 31 December 2001 [one
its entry into force]. They shall
year after
forthwith inform the Commission thereof.

the date of

They shall apply those provisions from 1 July 2002 [eighteen
months after the entry into force of this Directive].

2. When Member States adopt those provisions, they shall
contain a reference to this Directive or be accompanied by
such a reference on the occasion of their official publication.
Member States shall determine how such reference is to be
made.

Article 3

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

Article 4

This Directive is addressed to the Member States.

(1) OJ C 337 E, 28.11.2000, p. 138.
(2) OJ C 116, 20.4.2001, p. 27.
(3) OJ L 262, 27.9.1976, p. 201. Directive as

last amended by

Commission Directive 1999/77/EC (OJ L 207, 6.8.1999, p. 18).

(4) OJ L 183, 29.6.1989, p. 1.
(5) OJ L 131, 5.5.1998, p. 11.

31.7.2001

EN

Official Journal of the European Communities

C 213 E/297

The following point is added to Annex I of Directive 1976/769/EEC:

ANNEX

(cid:145)XXX Alkanes, C10-C13, Chloro (Short
Chain Chlorinated Paraffins)

1. May not be placed on the market

for use as substances or as

constituents of preparations

CAS No 85535-84-8

(cid:151) in metalworking;

(cid:151) for fat liquoring of leather.

2. Before 1 January 2003, other known uses of SCCP will be reviewed
by the European Commission in cooperation with the Member States
and the OSPAR Commission in the light of any relevant new scientific
data on risks to health and the environment of SCCP. The European
Parliament will be informed of the outcome of this review.(cid:146)