Proposal for a Directive of the European Parliament and of the Council relating to restrictions on the marketing and use of certain polycyclic aromatic hydrocarbons in extender oils and tyres (twenty-seventh amendment of Council Directive 76/769/EEC)
Date: 2004-02-13
Institutions: European Commission
Subjects: approximation of laws, dangerous substance, heavy oil, marketing restriction, pneumatic tyre

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.2.2004 
COM(2004) 98 final 

2004/0036 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

relating to restrictions on the marketing and use of certain polycyclic aromatic 
hydrocarbons in extender oils and tyres (twenty-seventh amendment of Council 
Directive 76/769/EEC) 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION AND CONTEXT 

Certain  polycyclic  aromatic  hydrocarbons  (PAH)  are  classified  as  carcinogenic,  mutagenic 
and reprotoxic substances. Benzo(a)pyrene (BaP) can be a qualitative and quantitative marker 
for  the  presence  of  PAHs.  BaP  is  classified  as  carcinogenic,  mutagenic  and  reprotoxic 
category 2 in the framework of Directive 67/548/EEC, and it can pose unacceptable risks to 
human  health  or  the  environment.  Furthermore,  PAHs  are  regarded  as  Persistent  Organic 
Pollutants under the UN ECE Protocol on Persistent Organic Pollutants (the 1998 Protocol to 
the  1979  Convention  on  Long  Range  Transboundary  Air  Pollution  on  Persistent  Organic 
Pollutants) and are subject to obligation to reduce total annual emissions. 

PAHs  can  be  constituents  in  oils.  Some  of  these  oils  are  used  as  extender  oils  in  the 
production of tyres. The extender oil is incorporated into the rubber matrix and remains there 
locked in the rubber of the final tyre. Consequently, the extender oil can also be present in the 
tyre  debris.  Technical  processes  allow  the  content  of  certain  PAHs  in  extender  oils  to  be 
reduced  to  low  limits.  Tyre  producers  have  been  willing  to  work  towards  a  high  level  of 
protection of health and the environment by phasing out high aromatic extender oils. 

The Commission proposes to restrict the placing on the market and use of extender oils and 
tyres  containing  certain  PAHs  above  certain  thresholds,  and  furthermore  to  preserve  and  to 
improve the conditions for the functioning of the Internal Market. 

The  proposed  Directive  would  therefore  introduce  harmonised  provisions  on  the  placing  on 
the market and use of certain PAHs in extender oils and tyres. 

2. 

JUSTIFICATION FOR PROPOSAL 

What are the objectives of the proposal in relation to the Community’s obligations? 

The  objective  to  reduce  the  emission  of  tyre  debris  that  contains  carcinogens  into  the 
environment  to  an  acceptable  level,  and  to  control  the  possible  risks  to  health  and  the 
environment can only be ensured by restricting the marketing and use of PAH-rich extender 
oils and tyres produced with these oils. 

The  aim  of  the  proposal  is  to  preserve  the  Internal  Market.  When  Member  States  adopt 
national  provisions  restricting  the  marketing  and  use  of  dangerous  substances  and 
preparations  there  will  be  obstacles  to  trade  because  of  differences  in  legislation  between 
Member States. The Draft Proposal aims to improve the conditions for the functioning of the 
Internal Market, while at the same time ensuring a high level the protection of health and the 
environment. 

What are the courses of action available to the Community? 

The  only  course  of  action  available  is  to  make  a  proposal  for  an  amendment  to 
Directive 76/769/EEC providing for harmonised rules on the marketing and use of PAH-rich 
extender oils and tyres produced with these oils. 

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Are  uniform  rules  necessary?  Is  it  not  sufficient  to  establish  targets  to  be  implemented  by 
Member States? 

The  proposed  amendment  establishes  uniform  rules  for  the  circulation  of  extender  oils  and 
tyres containing certain PAHs. It also guarantees a high level of protection of human health 
and the environment. The proposed amendment is the only way to meet these goals. Targets 
would be insufficient. 

3. 

RATIONALE OF THE PROPOSAL 

The  proposed  amendment  would  extend  Annex I  to  Directive 76/769  by  adding  the 
substances  PAHs.  Marketing  and  use  of  PAHs  in  extender  oils  and  tyres  would  thus  be 
restricted. 

4. 

COSTS AND BENEFITS 

4.1. 

Costs 

The  proposed  Directive  presents  a  technical  challenge  to  the  industry  for  maintaining  the 
safety  characteristics  of  some  tyres  at  an  adequate  level.  Tyre  producers  have  agreed 
voluntarily to phase out PAH-rich extender oils in order to provide a high level of protection 
of  health  and  the  environment,  provided  the  safety  performance  of  the  tyres  can  be 
maintained.  Some  oil  producers  have  already  developed  PAH-low  extender  oils,  and  the 
production of PAH-rich extender oils is declining. Measures should be taken to guarantee that 
suppliers can meet the demand. The adoption of the present draft Directive would send a clear 
signal  to  both  the  oil  producers  and  the  tyre  producers  that  PAH-low  extender  oils  will 
become the standard within a given period of time. 

4.2. 

Benefits 

The benefits of the proposal are to establish an Internal Market as well as to provide a high 
level of protection to human health and the environment. The proposed restriction will ensure 
that PAH-rich extender oils and tyres produced with these oils are phased out. The production 
of  high-grade  PAH-low  extender  oil  would  increase  the  competitiveness  of  the  European 
Industries concerned. 

5. 

PROPORTIONALITY 

The  Directive  will  yield  benefits  in  terms  of  providing  a  high  level  of  protection  to  human 
health and the environment. This will be achieved at little cost. 

6. 

CONSULTATIONS  PERFORMED 
DIRECTIVE 

IN  PREPARING  THE  DRAFT 

Advice  on  the  preparation  of  the  proposal  was  sought  through  meetings  involving  experts 
from  Member  States,  the  European  Association  of  the  Rubber  Industry  (BLIC),  the  Oil 
Companies’  European  Organisation  (CONCAWE),  and  the  European  Car  Industry.  The 
European Consumers’ Organisation BEUC has also been invited to give comments. 

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7. 

CONFORMITY WITH THE TREATY 

This proposal is intended to preserve the Internal Market and at the same time ensure a high 
level  of  protection  to  health  and  the  environment.  It  is  therefore  in  conformity  with 
Article 95(3) of the Treaty. 

8. 

EUROPEAN PARLIAMENT AND ECONOMIC AND SOCIAL COMMITTEE 

In  compliance  with  Article 95  of  the  Treaty,  the  Codecision  Procedure  with  the  European 
Parliament is applicable. The Economic and Social Committee has to be consulted. 

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2004/0036 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

relating to restrictions on the marketing and use of certain polycyclic aromatic 
hydrocarbons in extender oils and tyres (twenty-seventh amendment of Council 
Directive 76/769/EEC) 

(Text with EEA relevance) 

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 the European Economic and Social Committee 2, 

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

Whereas: 

(1) 

(2) 

(3) 

(4) 

Tyres  are  produced  by  using  extender  oils  that  may  contain  various  levels  of  not 
intentionally added polycyclic aromatic hydrocarbons (PAHs). During the production 
process  PAHs  can  be  incorporated  into  the  rubber  matrix.  Therefore,  they  can  be 
present in various amounts in the final product. 

Benzo(a)pyrene (BaP) can be a qualitative and quantitative marker for the presence of 
PAHs. BaP and other PAHs have been classified as carcinogenic, mutagenic and toxic 
to reproduction. In addition, due to the presence of these PAHs, several extender oils 
as such have been classified as carcinogenic, mutagenic and toxic to reproduction. 

The  CSTEE  has  confirmed  the  scientific  findings  which  identify  the  adverse  health 
effects of PAHs. 

The emission of BaP and other PAHs into the environment should be reduced as much 
as  possible.  In  order  to  provide  a  high  level  of  protection  to  human  health  and  the 
environment and to contribute to the reduction of total annual emissions of PAHs as 
required in the 1998 Protocol to the 1979 Convention on Long Range Transboundary 
Air Pollution on Persistent Organic Pollutants, it therefore appears necessary to restrict 
the placing on the market and the use of BaP and certain other PAHs in extender oils 
and tyres. 

1 
2 
3 

OJ C xx. 
OJ C xx. 
OJ C xx. 

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(5) 

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  should 
therefore be amended accordingly. 

(6)  Without  prejudice  to  the  requirements  of  other  European  provisions,  this  Directive 
covers  passenger  car  tyres5,  light  and  heavy  truck  tyres6,  agricultural  tyres7  and 
motorcycle tyres8. 

(7) 

(8) 

(9) 

In order to meet the necessary safety requirements and in particular to ensure that tyres 
have  a  high  degree  of  wet  grip  performance,  a  transitory  period  is  necessary  during 
which tyre producers will develop and test new types of tyres produced without high 
aromatic  extender  oils.  According  to  the  information  presently  available,  the 
development and testing work will take a considerable amount of time, as producers 
will  have  to  perform  numerous  series  of  test  runs  before  the  necessary  high  level  of 
wet  grip  performance  of  the  new  tyres  can  be  guaranteed.  Therefore,  the  Directive 
should be applied to economic operators from 1 January 2009, except with regard to 
racing tyres, to which the Directive should apply from 1 January 2012. Concerning air 
craft tyres no realistic date for the application of this Directive can be set because of 
the  specific  safety  requirements  of  such  tyres.  However,  the  date  from  which  this 
Directive  should  apply  to  those  tyres  can  be  set  in  accordance  with  Article  2a  of 
Directive 76/769/EEC. 

The  adoption  of  harmonised  test  methods  is  necessary  for  the  application  of  this 
Directive as regards the content of PAHs in extender oils and tyres. The adoption of 
such  test  methods  should  not  delay  the  entry  into  force  of  this  Directive.  The  test 
method  should  preferably  be  developed  at  European  or  international  level,  where 
appropriate  by  the  European  Committee  for  Standardisation  (CEN)  or  by  the 
International  Organisation  for  Standardization  (ISO).  The  Commission  may  publish 
references  to  the  relevant  CEN  or  ISO  standards  or  establish  such  methods  in 
accordance with Article 2a of Directive 76/769/EEC, where necessary. 

This  Directive  does  not  affect  the  Community  legislation  laying  down  minimum 
requirements for the protection of workers, such as 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 work9, and individual directives based thereon, in particular 
Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the 
risks related to exposure to carcinogens at work [Sixth individual Directive within the 
meaning of Article 16(1) of Directive 89/391/EEC] 10 and Council Directive 98/24/EC 
of  7  April  1998  on  the  protection  of  the  health  and  safety  of  workers  from  the  risks 
related to chemical agents at work (fourteenth individual Directive within the meaning 
of Article 16(1) of Directive 89/391/EEC)11, 

4 
5 
6 
7 
8 
9 
10 
11 

OJ L 262, 27.9.1976, p. 201 as amended. 
Council Directive 92/23/EEC, OJ L 129, 15.5.1992, p. 95 as amended. 
Council Directive 92/23/EEC, OJ L 129, 15.5.1992, p. 95 as amended. 
UN/ECE Regulation 106 
Directive 97/24/EC of the European Parliament and the Council, OJ L 226, 18.8.1997, p. 1 as amended. 
OJ L 183, 29.6.1989, p. 1. 
OJ L 196, 26.7.1990, p. 1 as amended. 
OJ L 131, 5.5.1998, p.11. 

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HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Annex I to Directive 76/769/EEC is hereby amended as set out in the Annex to this Directive. 

Article 2 

Member  States  shall  adopt  and  publish  the  laws,  regulations  and  administrative  provisions 
necessary  to  comply  with  this  Directive  by  xx  xx  200x  [one  year  after  the  date  of  its  entry 
into force] at the latest. They shall forthwith inform the Commission thereof. 

They shall apply those provisions from 1 January 2009, with the exception of racing tyres for 
official sports events for which those provisions shall apply from 1 January 2012. 

When Member States adopt those provisions, the provisions 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. 

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

Article 3 

Article 4 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

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The following point [XX] is added to Annex I of Directive 76/769/EEC: 

ANNEX 

[XX]. 
Polycyclic-aromatic 
hydrocarbons (PAH) 

1. Benzo(a)pyrene (BaP) 
CAS No. 50-32-8 

2. Benzo(e)pyren (BeP) 
CAS No. 192-97-2 

(1) Extender oils may not be placed on the market and 
used for the production of tyres, if they contain more than 
1 mg/kg BaP, or more than 10 mg/kg of the sum of all 
listed PAHs. 

(2) Furthermore, the tyres may not be placed on the market 
if they contain extender oils exceeding the limits indicated 
in paragraph 1. 

3. Benzo(a)anthracene (BaA) 
CAS No. 56-55-3 

(3) By way of derogation, paragraphs 1 and 2 shall not 
apply to the placing on the market for, and use in air craft 
tyres. 

However, the date from which this Directive shall apply to 
air craft tyres can be set in accordance with Article 2a of 
Directive 76/769/EEC. 

4. Chrysen (CHR) 
CAS No. 218-01-9 

5. Benzo(b)fluoranthene (BbFA) 
CAS No. 205-99-2 

6. Benzo(j)fluoranthene (BjFA) 
CAS No. 205-82-3 

7. Benzo(k)fluoranthene (BkFA) 
CAS No. 207-08-9 

8. Dibenzo(a,h)anthracene 
(DBAhA) 
CAS No. 53-70-3 

8