CELEX: 51985PC0632
Language: en
Date: 1985-11-29
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE PREVENTION OF ENVIRONMENTAL POLLUTION BY ASBESTOS

31. 12. 85                                Official Journal of the European Communities                              No C 349/27
3. The Member State in which a carrier is established may,           national transport operations in a different Member State
as an exceptional measure, and after consulting the                  from the one in which he is established, without quantitative
Commission, grant derogations with regard to the majority            or qualitative restrictions, subject to the following
required in paragraph 1, provided that the way in which the          conditions:
transport undertaking is managed is not likely to disturb the
transport market.                                                    — the transport operations must follow on from a haulage
                                                                         operation between two Member States carried out under
4. The production of a certificate issued by the Member                  cover of an authorization or without an authorization in
State in which the carrier is established constitutes proof of           the case of liberalized services,
compliance with the provisions of paragraphs 1, 2 and 3.             — not more than two transport operations may be carried
This certificate or a copy of it must be kept on board the               out,
vehicle.
                                                                     — the transport operations must be carried out during the
                                                                         return journey either to the Member State in which the
                          Article 3                                      operator is based or to the Member State where the
                                                                         preceding international transport operation began.
The carrying out by a non-resident carrier of the national
transport operations referred to in Article 1 shall be governed      2. Without prejudice to paragraph 1, the provisions of
by the laws, regulations and administrative provisions in            Articles 2 and 3 shall also apply to the national transport
force in the Member State in which the transport operations          operations referred to in paragraph 1.
are carried out; such rules must be applied to non-resident
carriers under the conditions imposed by that State on its
own nationals and in such a way that there is no                                                Article 6
discrimination against non-resident carriers on the grounds
of nationality or place of establishment.                            Member States may require documentary proof that the
                                                                     national transport operations referred to in Article 5 follow
                                                                     on from a transport operation between two Member
                           Article 4                                 States.
For the purposes of the national transport operations
referred to in Article 1, no Member State shall refuse the                                      Article 7
choice of a fictitious registered place of business to a
non-resident carrier, where the laws, regulations or                 Member States shall, in due course, after consulting the
administrative provisions of that Member State entail                Commission adopt the measures necessary to implement this
choosing a registered place of business. This fictitious             Regulation.
registered place of business must be the same for all the
vehicles of the non-resident carrier.
                                                                                                Article 8
                          Article S                                  This Regulation shall enter into force on 1 July 1986.
 1. Without prejudice to Article 1, any carrier covered by that      This Regulation shall be binding in its entirety and directly
Article may, with effect from 1 January 1987, carry out              applicable in all Member States.
                  Proposal for a Council Directive on the prevention of environmental pollution by asbestos
                                                        (COM(85) 632 final
                              (Submitted by the Commission to the Council on 6 December 198S)
                                                          (85/C 349/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Having regard to the proposal from the Commission,
                                                                     Having regard to the opinion of the European Parliament,
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 100 and               Having regard to the opinion of the Economic and Social
235 thereof,                                                         Committee,
 ---pagebreak--- No C 349/28                                Official Journal of the European Communities                                31. 12. 85
Whereas the 1973 ( l ), 1977 (2) and 1983 (3) action                  Whereas reducing pollution by asbestos serves to further one
programmes of the European Communities emphasize the                  of the Community's objectives regarding the protection and
importance of preventing and reducing environmental                   improvement of the environment, but specific powers for this
pollution;                                                            purpose are not expressly provided for in the Treaty and
                                                                      Article 235 must therefore also be invoked,
Whereas the 1973 action programme of the European
Communities on the environment places asbestos among the
first-category pollutants to be investigated on the grounds of        HAS ADOPTED THIS DIRECTIVE:
their toxicity and of their serious effects on health;
                                                                                                 Article 1
Whereas Council Directive 84/360/EEC (4) lays down                    The objective of this Directive is to prevent environmental
provisions on the combating of air pollution from industrial          pollution by asbestos elsewhere than at places of work.
plants;
                                                                                                 Article 2
 Whereas Council Directive 76/769/EEC ( s ), as amended by
 Directive 83/478/EEC ( 6 ), lays down provisions restricting
 the marketing and use of crocidolite and products containing          1. This Directive:
 crocidolite fibres and special provisions concerning the             — lays down limit values for the volume of and
 labelling of products containing asbestos;                               concentration of suspended matter in aqueous effluent
                                                                          arising from certain activities in which asbestos is
                                                                          used,
 Whereas Council Directive 83/477/EEC (7) lays down
 provisions on the protection of workers from the risks related       — lays down limit values for the emission of asbestos fibres
 to exposure to asbestos at work;                                         into the air,
                                                                      — lays down provisions and supplements provisions already
 Whereas the most effective way of reducing environmental                 adopted for the prevention of environmental pollution
 pollution by asbestos is to restrict emissions of this pollutant         caused by:
 into the various environments and to introduce other                      — the working of products containing asbestos,
 preventive measures, in particular the recycling of asbestos
 discharges and wastes, based on the use of the best available             — the demolition of buildings, structures and other
 technology not involving excessive costs;                                     objects containing asbestos,
                                                                           — the processing, transport and disposal of sludge and
                                                                               waste containing asbestos.
 Whereas waste containing or contaminated by asbestos in the
 form of dust and fibres is considered to be toxic and                 2. This Directive shall be applied without prejudice to the
 dangerous and accordingly falls within the scope of Council           provisions laid down by Directive 83/477/EEC with regard
 Directives 78/319/EEC of 20 March 1978 on toxic and                  to safety and health at work.
 dangerous waste ( 8 ), 75/442/EEC of 15 July 1975 on
 waste (9) and 84/631/EEC of 6 December 1984 on the
  supervision and control within the European Community of
 the trans-frontier shipment of hazardous waste ( 10 );                                          Article 3
                                                                       For the purposes of this Directive:
  Whereas disparities between the provisions in force or being
  amei.ded in the Member States as regards the control of              1. 'Asbestos' means the following fibrous silicates:
  pollution from industrial plants can create unequal
 conditions of competition and thereby directly affect the                 — crocidolite, CAS (Chemical Abstract Service) No
  functioning of the common market, and it is therefore                        1200-28-4,
  necessary to approximate legislation in this field pursuant to           — actinolite, CAS No 77536-66-4,
  Article 100 of the Treaty;
                                                                           — antophyllite, CAS No 77536-67-5,
                                                                           — chrysotile, CAS No 12001-29-5,
   (') OJ NoC 112, 20. 12. 1973, p. 3.
   (2) OJ NoC 139, 13.6. 1977, p. 1.                                       — amosite, CAS No 12172-73-5,
   (}) OJ NoC 46, 17. 2. 1983, p. 1.                                       — tremolite, CAS No 77536-68-6.
   («) OJ No L 188, 16. 7. 1984, p. 20.
   (5) OJ No L 262, 27. 9. 1976, p. 201.
   (6) OJ No L 263, 24. 9. 1983, p. 33.                                2. 'The use of asbestos' means:
   (7) OJ No L 263, 24. 9. 1983, p. 25.
   (8) OJ No L 84, 31.3. 1978, p. 43.                                      activities involving the handling of 100 kg of crude
   (») OJ No L 194, 25. 7. 1975, p. 47.                                    asbestos or more per year, comprising the extraction or
  (10) OJ No L 326, 13. 12. 1984, p. 31.                                   dressing of ores, the use of crude asbestos either for
 ---pagebreak--- 31. 12. 85                                Official Journal of the European Communities                                   No C 349/29
    processing or for incorporation into products in order to        discharges of aqueous effluent and emissions into the air
    confer particular properties on them, or in order to treat       from facilities where activities take place in which asbestos is
    products in some way without incorporating the asbestos          used.
    into them.
                                                                     2. For the purposes of checking compliance with the limit
3.   'The working of products containing asbestos' means:            values provided for in Articles 5 and 6, the sampling and
                                                                     analysis procedures and methods shall be in conformity with
     activities taking place elsewhere than in facilities for the    those described in the Annex or with any other procedure or
     manufacture of products containing asbestos which are           method which gives equivalent results.
     liable to release dust or fibres into the environment.
4.   'Waste' means:
                                                                                                  Article 8
     any substance or object as defined in Article 1 of
     Directive 75/442/EEC.
                                                                     Member States shall take the measures necessary to
                                                                     ensure:
                             Article 4                               — that without prejudice to the safety instructions set out in
                                                                          Annex II (5) to Directive 76/769/EEC, activities
Member States shall take the measures necessary to ensure                 involving the working of products containing asbestos do
that aqueous effluent, emmissions into the air and solid waste            not cause environmental pollution,
arising from the use of asbestos are reduced at source as far as
                                                                     — that the demolition of buildings, structures and other
possible, or recycled or treated, using the best available
                                                                          objects containing asbestos does not cause environmental
technology not involving excessive costs.
                                                                          pollution; to that end they shall satisfy themselves that
                                                                          the plan of work provided for in Article 12 of Directive
                                                                          83/477/EEC also prescribes all the necessary preventive
                             Article 5                                    measures to this end.
 Without prejudice to Article 3, Member States shall take the
 measures necessary to ensure that when asbestos is used the
 concentration of asbestos in discharges into the air does not                                    Article 9
 exceed the limit value of 0,1 mg/m 3 (milligrams of asbestos
 per m3 of air discharged).                                          Member States shall take the measures necessary to
                                                                     ensure:
                                                                     — that in the course of transport of waste containing
                             Article 6                                    asbestos no asbestos fibres or dust are released into the air
                                                                          and no liquids which may contain asbestos fibres are
 Member States shall take the measures necessary to                       spilled,
 ensure:
                                                                     — that waste containing asbestos dumped at a licensed tip
 1. that without prejudice to Article 4 and where total                   shall be covered with a layer of earth at least 20 cm thick
      recyling is not technically and economically feasible, the          not more than two days after being dumped.
      following limit values for aqueous effluent from the
      manufacture of asbestos-cement are complied with:
      — 30 g of suspended matter per m3 of aqueous effluent                                       Article 10
          discharged,
                                                                      1. For the purposes of Articles 8 and 9, Member States shall
      — 0,7 m3 of effluent discharged           per    tonne   of    as far as possible base their measures on existing codes of
          asbestos-cement produced.                                   practice in so far as such codes are in line with the objective of
                                                                     this Directive.
      The abovementioned discharge limit values shall apply at
      the point immediately before discharge into surface
      waters or into a public drainage system;                        2. In accordance with the procedure described in Article 15,
                                                                      the Commission shall, if necessary, adopt Community codes
 2. that all aqueous effluent arising in the manufacture of          of practice.
      asbestos paper is recycled.
                                                                                                  Article 11
                             Article 7
                                                                      A Member State may, in order to protect health and the
 1. Member States shall take the measures necessary to               environment, introduce provisions which are more stringent
 ensure that measurements are taken at regular intervals of          than those of this Directive.
 ---pagebreak--- No C 349/30                               Official Journal of the European Communities                                   31. 12. 85
                           Article 12                                3. The Commission shall adopt the measures envisaged
                                                                     where they are in accordance with the opinion of the
The application of this Directive may in no event have the           Committee.
effect of allowing the emission standards currently in force in      Where the measures envisaged are not in accordance with the
the Member States to be exceeded where the latter are more           opinion of the Committee, or if no opinion is delivered, the
stringent.                                                           Commission shall without delay submit a proposal to the
                                                                     Council concerning the measures to be adopted. The Council
                                                                     shall act by a qualified majority.
                           Article 13                                If, within three months of the proposal being submitted to it,
                                                                     the Council has not acted, the proposed measures shall be
The procedure provided for in Articles 14 and 15 for the             adopted by the Commission.
adaptation of this Directive to technical progress shall also be
followed for the definition of the methods of sampling and
analysis mentioned in the Annex.                                                                Article 16
                                                                     Member States shall supply the Commission, at its request,
                                                                     with all necessary information, and in particular the results
                           Article 14                                of measurements carried out pursuant to this Directive.
A Committee for the adaptation of this Directive to scientific
and technical progress, hereinafter called 'the Committee',                                     Article 17
consisting of representatives of the Member States and
chaired by a representative of the Commission, is hereby set         On the basis of the information supplied pursuant to
up.                                                                  Article 16, the Commission shall from time to time
                                                                     make a comparative assessment of the application of this
The Committee shall draw up its rules of procedure.                  Directive by Member States.
                                                                                                Article 18
                           Article IS
                                                                     1. Member States shall bring into force the laws, regulations
 1. Where the procedure laid down in this Article is to be           and administrative provisions necessary to comply with this
followed, matters shall be referred to the Committee by its          Directive not later than 1 January 1987. They shall forthwith
chairman, either on his own initiative or at the request of the      inform the Commission thereof.
representative of a Member State.
                                                                     2. Member States shall communicate to the Commission the
2. The Commission representative shall submit to the                 texts of the provisions of national law which they adopt in the
Committee a draft of the measures to be taken. The                   field governed by this Directive.
Committee shall deliver its opinion on the draft within a time
limit set by the chairman having regard to the urgency of the
matter. It shall act by a majority of 14 votes, the votes of the                                Article 19
Member States being weighted as provided in Article 148 (2)
of the Treaty. The chairman shall not vote.                          This Directive is addressed to the Member States.
 ---pagebreak--- 31. 12. 85                                    Official Journal of the European Communities                                   No C 349/31
                                                                   ANNEX
                                                METHODS OF SAMPLING AND ANALYSIS
                 A. Discharges of aqueous effluent
                     A gravimetric method will be used for measuring suspended matter.
                 B. Emissions into the air
                     The reference method and procedure for sampling and analysis will be specified on the basis of the
                     international standard now being defined by the ISO working group (ISO/TCI/46/SCI-WG 1) N 16.
                 Amendment to the proposal for a Council Regulation (EEC) amending Regulation (EEC)
                           No 1785/81 on the common organization of the markets in the sugar sector (')
                                                            COM(85) 754 final
                 (Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of the
                                                     EEC Treaty on 6 December 1985)
                                                              (85/C 349/05)
 The Commission's proposal of 7 August 1985 in document                        the past by planters of beet and cane and producers of
 COM(85)433 final is amended pursuant to the second                            sugar and isoglucose, taken as a whole and to foreseeable
 paragraph of Article 149 of the treaty as follows:                            effective production in these same regions;
                                                                               Whereas, in view of the nature of the elimination levy, it
                                                                               should not be applied to production regions in Portugal
   I. The fifth recital is replaced by the following:                          and Spain;'.
                                                                           II. Point 1 in Article 1 is deleted.
      'Whereas the main objective of the provisions of
      Article 28 of Regulation (EEC) No 1785/81 is to cover               III. Point 8 in Article 1 is replaced by the following:
      from financial contributions by producers all the losses
      due to the disposal of Community production surpluses;                   '8. In Article 28 (2),
      whereas an assessment of world market prices over the                    "2. Before the end of each . . . the year of recording:" is
      last ten years and of prospects for this market in the next              replaced by:
      five years, having due regard to the cyclical character of
      the trend, justifies the maintenance of the ceilings of the              "2. Before the end of each of the marketing years
      levies applicable since the 1981/82 marketing year;                      1987/88 to 1990/91, there shall be recorded
      whereas, none the less, to make it more certain in the                   cumulatively for the marketing years 1986/87 to
      future that the said objective will be attained, provision               1989/90 which precede the marketing year of
      should be made to allow review, where appropriate, of                    recording:".'
      the provisions of the said Article 28;
                                                                          IV. Point 9 in Article 1 is deleted.
      Whereas, to enable all actual expenditure relating to the            V. Point 10 in Article 1 is replaced by the following:
      export of Community production surpluses in respect of                    '10. The following third and fourth subparagraphs are
      1981/82 to 1985/1986 to be covered without affecting                            added to Article 28 (5):
      the application of the self-financing system during the
                                                                                      "According to the procedure referred to in the
      1986/87 to 1990/91 marketing years, provision should
                                                                                      second subparagraph, the Council may decide that
      also be made for the introduction of an elimination levy;
                                                                                      some or all of the losses resulting from payment of
      whereas to establish this levy as fairly as possible, it
                                                                                      production refunds referred to in Article 9 (3)
      should be applied over a period of five marketing years,
                                                                                      shall be taken into account for the establishment of
      differentiated according to production regions, within
                                                                                      the overall loss referred to in paragraph 1 (e) of
      the meaning of Article 24 (2) of Regulation (EEC)
                                                                                      this Article.
      No 1785/81, having due regard to contributions paid in
                                                                                      Where necessary, to achieve the objective of this
                                                                                      Article, the Council shall review, before the end of
(') OJ No C 219, 29. 8. 1984, p. 4.                                                   the 1988/89 marketing year, according to the