Commission Recommendation of 6 December 2007 on risk reduction measures for the substances: Piperazine; Cyclohexane; Methylenediphenyl diisocyanate; But-2yne-1,4-diol; Methyloxirane; Aniline; 2-Ethylhexylacrylate; 1,4-Dichlorobenzene; 3,5-dinitro-2,6-dimethyl-4-tert-butylacetophenone; Di-(2-ethylhexyl)phthalate; Phenol; 5-tert-butyl-2,4,6-trinitro-m-xylene (notified under document number C(2007) 5901) (Text with EEA relevance )
Date: 2007-12-06
Institutions: European Commission
Subjects: chemical product, dangerous substance, environmental impact, environmental risk prevention, health control, health risk, occupational health, public health

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

RECOMMENDATIONS

COMMISSION

COMMISSION RECOMMENDATION

of 6 December 2007

on risk reduction measures for the substances: Piperazine; Cyclohexane; Methylenediphenyl
diisocyanate; But-2yne-1,4-diol; Methyloxirane; Aniline; 2-Ethylhexylacrylate; 1,4-Dichlorobenzene;
3,5-dinitro-2,6-dimethyl-4-tert-butylacetophenone; Di-(2-ethylhexyl)phthalate; Phenol; 5-tert-butyl-
2,4,6-trinitro-m-xylene

(notified under document number C(2007) 5901)

(Text with EEA relevance)

(2008/98/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

— But-2-yne-1,4-diol,

Having regard to the Treaty
Community,

establishing the European

— Methyloxirane,

Having regard to Council Regulation (EEC) No 793/93 of 23
March 1993 on the evaluation and control of the risks of
existing substances (1) and in particular Article 11(2) thereof,

Whereas:

— Aniline,

— 2-Ethylhexylacrylate,

— 1,4-Dichlorobenzene,

(1)

for

evaluation

In the framework of Regulation (EEC) No 793/93 the
following substances have been identified as priority
accordance with
substances
Commission Regulations (EC) No 1179/94 (2), (EC) No
2268/95 (3)
respectively
concerning the first, second and third list of priority
substances as
foreseen under Regulation (EEC) No
793/93:

143/97 (4)

(EC) No

and

in

— Piperazine,

— Cyclohexane,

(2)

— Methylenediphenyl diisocyanate,

(1) OJ L 84, 5.4.1993, p. 1. Regulation as amended by Regulation (EC)
No 1882/2003 of the European Parlament and of the Council (OJ
L 284, 31.10.2003, p. 1).
(2) OJ L 131, 26.5.1994, p. 3.
(3) OJ L 231, 28.9.1995, p. 18.
(4) OJ L 25, 28.1.1997, p. 13.

— 3,5-dinitro-2,6-dimethyl-4-tert-butylacetophenone,

— Di-(2-ethylhexyl)phthalate (DEHP),

— Phenol,

— 5-tert-butyl-2,4,6-trinitro-m-xylene.

The rapporteur Member States designated pursuant to
those Regulations have completed the risk evaluation
activities with regard to man and the environment for
those substances in accordance with Commission Regu-
lation (EC) No 1488/94 of 28 June 1994 laying down
the principles for the assessment of risks to man and the
have
environment
suggested a strategy for limiting the risks in accordance
with Regulation (EEC) No 793/93.

substances (5)

existing

and

of

(5) OJ L 161, 29.6.1994, p. 3.

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(3)

(4)

(5)

(6)

(7)

The Scientific Committee on Toxicity, Ecotoxicity and the
Environment
(SCTEE) or the Scientific Committee on
Health and Environmental Risks (SCHER) have been
consulted and have issued opinions with respect to the
risk evaluations carried out by the rapporteurs. The
opinions have been published on the website of
the
Scientific Committees.

into account the technical characteristic of the installations
concerned, their geographical location and the local envi-
ronmental conditions.

Commission

Communication

The results of the risk evaluation and further results of
the strategies for limiting the risks are set out in the
corresponding
of
7 February 2008 (1) on the risk evaluation and the risk
reduction strategies for the substances: Piperazine; Cyclo-
hexane; Methylenediphenyl diisocyanate; But-2yne-1,4-
diol; Methyloxirane; Aniline; 2-Ethylhexylacrylate; 1,4-
Dichlorobenzene; 3,5-dinitro-2,6-dimethyl-4-tert-butyla-
cetophenone; Di-(2-ethylhexyl)phthalate; Phenol; 5-tert-
butyl-2,4,6-trinitro-m-xylene.

and report

2. Member States should carefully monitor the implemen-
any
tation of BAT regarding piperazine
important developments
to the Commission in the
framework of the exchange of information on BAT. To
facilitate
under Council
Directive 96/61/EC (Integrated Pollution Prevention and
Control) piperazine should be included in the ongoing
work to develop guidance on ‘Best Available Techniques’
(BAT).

and monitoring

permitting

is appropriate, on the basis of

to
It
recommend certain risk reduction measures for certain
substances.

that evaluation,

3. Local emissions to the environment shall, where necessary,
be controlled by national rules to ensure that no risk for
the environment is expected.

The risk reduction measures recommended for workers
should be considered within the framework of the legis-
lation for workers protection, which is considered to
the risks of
provide an adequate framework to limit
the relevant substances to the extent needed.

The risk reduction measures provided for in this recom-
mendation are in accordance with the opinion of the
Committee set up pursuant to Article 15(1) of Regulation
(EEC) No 793/93,

SECTION 2

METHYLENEDIPHENYL DIISOCYANATE

(CAS No 26447-40-5; Einecs No 247-714-0)

Risk reduction measures for workers (4)

4. Employers using MDI for uses identified as a concern in the
risk assessment should take note of any sector specific
guidance developed at national
level based on the
practical non-binding guidance, to be published by and
available from the Commission as foreseen under Article
12(2) of Council Directive 98/24/EC (3) (Chemical Agents
Directive).

HEREBY RECOMMENDS:

SECTION 1

PIPERAZINE

SECTION 3

BUT-2-YNE-1,4-DIOL

(CAS No 110-85-0; Einecs No 203-808-3)

Risk reduction measures for the environment (1, 2, 3)

(CAS No 110-65-6; Einecs No 203-788-6)

Risk reduction measures for workers

1. The competent authorities in the Member States concerned
lay down conditions, emission limit values or equivalent
parameters or technical measures regarding piperazine in
the permits issued under Council Directive 96/61/EC (2)
(Integrated Pollution Prevention and Control) in order to
operate according to the best available techniques taking

5. Employers using But-2-yne-1,4-diol for uses identified as a
concern in the risk assessment and especially the use of
flakes, should take note of any sector specific guidance
developed at national
level based on the practical non-
binding guidance, to be published by and available from
foreseen under Article 12(2) of
the Commission as
Directive 98/24/EC (Chemical Agents Directive).

(1) OJ C 34, 7.2.2008, p. 1.
(2) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regu-
lation (EC) No 166/2006 of the European Parliament and of the
Council (OJ L 33, 4.2.2006, p. 1).

(3) OJ L 131, 5.5.1998, p. 11. Directive as amended by Directive
2007/30/EC of the European Parliament and of the Council
(OJ
L 165, 27.6.2007, p. 21).

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SECTION 4

ANILINE

Control) Aniline should be included in the ongoing work
to develop guidance on ‘Best Available Techniques’ (BAT).

(CAS No 62-53-3; Einecs No 200-539-3)

Risk reduction measures for workers (6), Consumers (7)
and the environment (8, 9, 10, 11)

6. That employers using Aniline for use in to develop
activities with foreseeable exposure (e.g. servicing or main-
tenance work on closed systems) should take note of any
sector specific guidance developed at national level based
on the practical non-binding guidance, to be published by
and available from the Commission as foreseen under
Article 12(2) of Directive 98/24/EC (Chemical Agents
Directive).

the situation in their

7. Member States should carry out an active and effective
market surveillance of
territories
concerning the presence of Aniline containing consumer
products and to notify the Commission through the
Rapid Alert System of Directive 2001/95/EC (1)
(General
Product Safety). If proved necessary these products should
be removed from the market as being unsafe under the
general safety obligation provisions of the Directive.

8. For the river basins where emissions of Aniline may cause
a risk, the relevant Member State(s) establish EQSs and the
national pollution reduction measures to achieve those EQS
in 2015 shall be included in the river basin management
plans in line with the provisions of Council and Parliament
Directive 2000/60/EC (2) (Water Framework Directive).

9. Competent authorities in the Member States concerned lay
down conditions, emission limit values or equivalent para-
meters or technical measures regarding Aniline in the
permits issued under Council Directive 96/61/EC (Inte-
grated Pollution Prevention and Control)
to
operate according to the best available techniques taking
into account the technical characteristic of the installations
concerned, their geographical location and the local envi-
ronmental conditions.

in order

11. Local emissions to the aquatic environment and via air
emissions of Aniline should, where necessary, be controlled
by national rules to ensure that no risk for the environ-
ment is expected. The measures identified to protect the
environment will also reduce exposure of humans via the
environment.

SECTION 5

DI-(2-ETHYLHEXYL)PHTHALATE (DEHP)

(CAS No 117-81-7; Einecs No 204-211-0)

Risk reduction measures for the environment

12. For the river basins where emissions of DEHP may cause a
risk, the relevant Member State(s) establish EQSs and the
national pollution reduction measures to achieve those EQS
in 2015 shall be included in the river basin management
plans in line with the provisions of Council and Parliament
Directive 2000/60/EC (Water Framework Directive).

SECTION 6

PHENOL

(CAS No 108-95-2; Einecs No 203-632-7)

Risk reduction measures for Consumers and the
environment

the situation in their

13. Member States should carry out an active and effective
market surveillance of
territories
concerning the presence of consumer products containing
phenol and,
if necessary, should notify the Commission
through the Rapid Alert System of Directive 2001/95/EC
(General Products Safety Directive).
If proven necessary,
these products should be removed from the market as
being unsafe under the general safety obligation provisions
of the Directive.

10. Member States should carefully monitor the implemen-
any
and
tation of BAT regarding Aniline
important developments
to the Commission in the
framework of the exchange of information on BAT. To
under Council
facilitate
Directive 96/61/EC (Integrated Pollution Prevention and

and monitoring

permitting

report

(1) OJ L 11, 15.1.2002, p. 4.
(2) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No

2455/2001/EC (OJ L 331, 15.12.2001, p. 1).

the technical characteristic of

14. Competent authorities in the Member States concerned
should lay down,
in the permits issued under Directive
96/61/EC, emission limit values or equivalent parameters
or technical measures regarding phenol in order to operate
by 31 October 2007 according to the BAT taking into
account
the installations
concerned, their geographical location and the local envi-
ronmental
in the
Member States concerned should pay special regard to
potential risks from phenol production and/or processing
sites,
in respect of industrial wastewater treatment plants
situated at such sites, and in respect of humans exposed via
the
contaminated by air
emissions from such sites).

conditions. Competent

environment

authorities

shoots

(plant

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15. Member States should carefully monitor the implemen-
tation of BAT regarding phenol and report any important
developments to the Commission in the framework of the
exchange of information on BAT. To facilitate permitting
and monitoring under Council Directive 96/61/EC (Inte-
grated Pollution Prevention and Control) phenol should
be included in the ongoing work to develop guidance on
‘Best Available Techniques’ (BAT).

16. Local emissions to the environment and to industrial
wastewater treatment plants should, where necessary, be
controlled by national rules to ensure that no risk for the
treatment
microorganisms
plants and to humans exposed via the environment
is
expected.

in the industrial wastewater

SECTION 7

ADDRESSEES

17. This Recommendation is addressed to all sectors importing,
into a
producing,
preparation or other processing, using, disposing or reco-
vering the substances and to the Member States.

transporting,

formulating

storing,

Done at Brussels, 6 December 2007.

For the Commission

Stavros DIMAS
Member of the Commission