Source: EURLEX
Language: en
Format: md

COMMISSION OF THE EUROPEAN COMMUNITIES

**Brussels, 24.06.1996**
**COM(96)** **301 final - SYN 161**

**OPINION OF THE COMMISSION**
**on the amendments proposed by the European Parliament**

**to the Council's common position on the**

**proposal for a**
**COUNCIL DIRECTIVE**

**on the disposal of poJychlorinated biphenyls**
**and** **polychlorinated** **terphenyls (PCBs/PCTs)**

**(presented by the Commission pursuant to Article** **189** **c (d) of the EC Treaty)**

1. On the 12 December 1988 the Commission presented to the Council a proposal
for a Directive, based on Article 100 a of the EC Treaty, on the disposal of
PCBs and POTs [1 ]

2. The Economic and Social Committee delivered its opinion on 28 February
1989 [2] .

3. The European parliament delivered its opinion at first reading on 17 May 1990 [3 ]

and 12 December 1990 [4] .

4. The Commission submitted to the Council an amended proposal based on
Articles 100a and 113 of the Treaty [5] on 22 October 1991.

5. The Council reached agreement in principle with a view to adopting a common
position based on the Article 130 s of the Treaty on 16 December 1994. It
accordingly consulted the European Parliament on that point. The European
Parliament agreed to that change in the legal basis in its resolution of 20
September 1995. On 27 November 1995 the Council adopted a common
position in accordance with Article 189 c of the Treaty.

6. At its sitting of 22 May 1996 the European Parliament adopted its decision at
second reading on the common position with 3 amendments.

7. The Commission did not accept any of the amendments suggested by the
European Parliament. The Commission' s position on each of the amendments
adopted by the European Parliament at its second reading is as follows :

**Amendment 5**

-This amendment to the third recital asks for funding research into other
methods of disposal of PCBs-PCTs and in particular in those involving bacterial
biodégradation and pretreatment using chlorine extraction.

Such research goes beyond PCBs-PCTs. It concerns organochlorine
compounds in general. However, the Commission will endeavour to include this
research in the fifth research programme.

```
     1 COM(88) 559 final-SYN 161 of 18 October 1988 OJ No C 319,
12.12.1988

     2 OJ No C 139, 5.6.1989, p.l

     3 OJ No C 149, 18.6.1990, p.150

     4 OJ No C 19, 28.1.1991, p.83

     5 COM(91) 373 final-SYN 161, 22 October 1991, OJ No C 299,
 20.11.1991, p.9

```

**Amendment 2**

Knfcf'i lo H it ? Hlh lociliil iincl N?(|un?.lr. lui induction of lh<- maximum hunt lei
PCBs-PCTs content in mixtures to be used as combustibles, including waste
oils, from 50 to 20 ppm.

In the Commissions view this reduction should be achieved through an
amendment of Directive 75/439 on the disposal of waste oils. The Commission
undertook, by way of a declaration to the Council minutes, to propose a
modification to Directive 75/439 with a view to reduce the maximum limit of 50
ppm to 20 ppm PCB/PCT content in mixtures to be used as combustibles
including waste oils.

**Amendment 3**

-It refers to Article 3 and asks Member States to monitor compliance with the
present Directive and to provide for effective penal sanctions.

The monitoring of compliance and providing of penal sanctions is the task of
each Member State.

3

**ISSN 0254-1475**

## **COM(yô) 301 iinaJ**

# **DOCUMENTS**

## **EN 14** **Catalogue number : CB-CO-96-309-EN-C**

### **ISBN 92-78-05776-2**

**Office** **for** **Official Publications** **of** **the European Communities**

**L-2985** **Luxembourg**