Common Position (EC) No 29/2001 of 28 June 2001 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council amending for the 20th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (short-chain chlorinated paraffins)
Date: 2001-06-28
Institutions: Council of the European Union
Subjects: approximation of laws, dangerous substance, environmental protection, marketing, occupational safety, pollution control measures

26.10.2001

EN

Official Journal of the European Communities

C 301/39

COMMON POSITION (EC) No 29/2001

adopted by the Council on 28 June 2001

with a view to adopting Directive 2001/.../EC of the European Parliament and of the Council of ...
amending for the 20th time Council Directive 76/769/EEC relating to restrictions on the
marketing and use of certain dangerous substances and preparations (short-chain chlorinated
paraffins)

(2001/C 301/04)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(3)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 95 thereof,

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

The Commission has adopted a recommendation, in the
framework of Council Regulation (EEC) No 793/93 of
23 March 1993 on the evaluation and control of
the risks of existing substances (5), calling for specific
measures to restrict the use of SCCPs, in particular in
metalworking fluids and leather finishing products, in
order to protect the aquatic environment.

Having regard to the opinion of the Economic and Social
Committee (2),

(4)

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (3),

All remaining uses of SCCPs are to be reviewed in the
in particular with
light of new scientific knowledge,
regard to emissions from items containing SCCPs.

Whereas:

(1)

Limitations already adopted or planned by certain
Member States on the use of short-chain chlorinated
paraffins (SCCPs) 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 laws of the Member States
in this field and consequently to amend Annex I to
Council Directive 76/769/EEC of 27 July 1976 on the
approximation of the laws, regulations and administrat-
ive provisions of the Member States relating to restric-
tions on the marketing and use of certain dangerous
substances and preparations (4).

(2)

SCCPs are classified as dangerous to the environment,
since they are very toxic to aquatic organisms and
may cause long-term adverse effects in the aquatic
environment.

(5) On 27 November 1998 the Scientific Committee on
Toxicity, Ecotoxicity and the Environment
(CSTEE)
delivered its opinion on the risks of SCCPs, as identified
by the recommendation.

(6)

This Directive applies without prejudice to Community
legislation on protection of the safety and health of
workers at work,
in particular Council Directive
89/391/EEC of 12 June 1989 on the introduction of
measures to encourage improvements in the safety and
health of workers at work (6) and Council Directive
98/24/EC of 7 April 1998 on the protection of the
health and safety of workers from the risk related to
chemical agents at work (14th individual Directive
within the meaning of Article 16(1) of Directive
89/391/EEC) (7),

HAVE ADOPTED THIS DIRECTIVE:

(1) OJ C 337 E, 28.11.2000, p. 138.
(2) OJ C 116, 20.4.2001, p. 27.
(3) European Parliament opinion of 1 February 2001, OJ C 267,
21.9.2001, p. 41, Council Common Position of 28 June 2001,
and Decision of the European Parliament of ... (not yet published
in the Official Journal).

(4) OJ L 262, 27.9.1976, p. 201. Directive as last amended by
Commission Directive 99/77/EC (OJ L 207, 6.8.1999, p. 18).

(5) OJ L 84, 5.4.1993, p. 1.
(6) OJ L 183, 29.6.1989, p. 1.
(7) OJ L 131, 5.5.1998, p. 11.

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Official Journal of the European Communities

26.10.2001

Article 1

Article 2

In Annex I to Directive76/769/EEC the following point shall
be added:

‘42. Alkanes,
chloro
chlorinated paraffins)

C10-C13,
(short-chain

1. May not be placed on the market
for use as substances or as con-
stituents of other substances or
in concentrations
preparations
higher than 1 %:

2.

— in metalworking,

— for fat liquoring of leather.

Before 1 January 2003 all remain-
ing uses of SCCPs will be reviewed
by the European Commission, in
cooperation with the Member
States
and the OSPAR Com-
mission, in the light of any relevant
new scientific data on risks posed
by SCCPs
to health and the
environment.

The European Parliament will be
informed of the outcome of this
review.’

1. Member States shall adopt and publish, not later than
... (*),
the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall forthwith
inform the Commission thereof.

They shall apply those measures from ... (**) at the latest.

2. When Member States adopt those measures, they shall
contain a reference to this Directive or shall be accompanied
by such reference on the occasion of their official publication.
The methods of making such reference shall be laid down by
Member States.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

(*) Twelve months after the date of entry into force of this Directive.
(**) Eighteen months after the date of entry into force of this Directive.

26.10.2001

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Official Journal of the European Communities

C 301/41

STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 21 June 2000 the Commission submitted to the Council a proposal for a Directive based
on Articles 95 and 251 of the Treaty concerning the 20th amendment to Council Directive
76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances
and preparations (short-chain chlorinated paraffins).

2.

The Economic and Social Committee delivered its opinion on 29 November 2000.

3.

The European Parliament delivered its opinion at first reading on 1 February 2001. In the light
of the opinion of the European Parliament, the Commission presented an amended proposal
to the Council, by letter dated 21 May 2001.

4. On 28 June 2001, the Council adopted its Common Position pursuant to Article 251 of the

Treaty.

II. OBJECTIVES

5.

The aim of the Directive is to harmonise differing national laws on the use of short-chain
chlorinated paraffins (SCCPs) and to limit their use in two areas of application, namely
metalworking and leather finishing. Such restriction of the use of these substances appears
advisable in the light of the outcome of a risk assessment of SCCPs, which found there to be
potential risks to the environment.

Furthermore, with regard to the other applications of SCCPs, namely as plasticiser in paints,
coatings and sealants, and as flame retardant in rubber, plastics and textiles, the Directive
provides that risk-reduction measures should be reconsidered before 1 January 2003, in the
light of the review of scientific knowledge and technical progress.

III. ANALYSIS OF THE COMMON POSITION

6.

To a large extent the Common Position corresponds to the Commission’s amended proposal.
However, the Commission accepted only one amendment and the principle of part of one of
the four amendments proposed by Parliament.

Amendments accepted without amendment or with only minor changes

7.

8.

The Council accepted Parliament’s amendment 4 [Annex I(2) (Directive 76/769/EEC)], whose
purpose is to make it clearer in the Directive that all other uses of short-chain chlorinated
paraffins (SCCPs) will be re-examined in the future and that the European Parliament will be
kept informed of the results of that re-examination.

The Council also accepted the first part of amendment 3 (Annex I(1) (Directive 76/769/EEC)),
whose purpose is to include SCCPs as substances or as constituents of preparations, stipulating
that the targets are substances or constituents of other substances or preparations.

Moreover, the Council introduced a provision whereby the ban on marketing SCCPs applies
only to concentrations higher than 1 % for both of the applications mentioned.

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Official Journal of the European Communities

26.10.2001

Amendments not accepted

9.

The Council not accept the second part of Parliament’s amendment 3 [Annex 1(1) (Directive
76/769/EEC)], nor amendment 1 (formerly recital 2, now recital 1), which aimed to broaden
the scope of the proposed ban to include the use of SCCPs as plasticiser in paints, coatings and
sealants, and as flame retardant in rubber, plastics and textiles.

10. The Council also did not accept Parliament’s amendment 2 (formerly recital 5, now recital 4),
which committed the Commission to present proposals on limiting the use of other similar
substances.