CELEX: 51991PC0373
Language: en
Date: 1991-10-22
Title: Amended proposal for a COUNCIL DIRECTIVE on the disposal of polychlorinated biphenyls and polychlorinated terphenyls

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                     C0M(91) 373 final - SYN 161
                                     Brussels,22  October 1991
                      Amended proposal for a
                         COUNCIL DIRECTIVE
         on the disposal of polyphlorlnated Mphenyls and
                    polychlorlnated terphenyls
      (presented by the Commission pursuant to Article 149(3)
                         of the EEC-Treaty)
 ---pagebreak---                            Explanatory Memorandum
1. The Commission presents herewith on the basis of Article 149(3) of the
   EEC Treaty an amended proposal for a Council Directive on the disposal
   of polychlorinated biphenyls and polychlorinated terphenyls
   (O0M(88)559 final - SÏN 161 - OJ No C 319, p. 57). The Commission sent
   its initial proposal to the Council on 21 November 1988. The aim of the
   proposal is to reduce the risks which PCBs present to human health and
   the environment by controlling the management of used PCBs better and
   improving the conditions of their disposal and replacement.
   The amended proposal takes account of several amendments adopted by the
   European Parliament on 17 May 1990 (OJ C 149, 18.6.1990, pp. 150-159)
   and 12 December 1990 (EP document 147.263).
2. The Commission was able to accept only 10 of the 42 amendments adopted
   by Parliament on 17 May 1990. The rapporteur, Mr Schmidt, asked for the
   report to be referred back to the Committee responsible (pursuant to
   Rule 40(3) of Parliament's Rules of Procedure) in order to seek a
   compromise with the Commission.
3. Detailed discussions between the rapporteur and the Commission
   departments brought the two positions much closer: differences of
   substance and questions of drafting were resolved.
   The Commission accepted the legal basis proposed by Parliament
   (Articles 100a and 113), since it also accepted the prohibition of
   exports of PCBs to third countries and imports into the Community of
   PCBs from third countries with adéquate disposal faoilitlett. Tirioal,
   the aim of the Directive would not be attained in full if exports of
 ---pagebreak---                                 - 2 -
PCBs from the Community remained authorized. Not prohibiting exports of
PCBs would be tantamount to opening the door to their uncontrolled and
possibly improper disposal or their uncontrolled dumping in third
countries and clandestine dumping at sea.
The problem of the upper limit of the PCB content was also resolved.
Parliament agreed to it remaining at 50 ppm, as the Commission agreed to
reduce it to 20 ppm in the sole case of oils and mixtures containing
PCBs intended for incineration.  It is the incineration of liquids with
a PCB concentration of 50 ppm that can be damaging, on account of the
products of the oxidation of PCBs.
Parliament placed great stress on the need for the prohibition of the
mixing of waste containing PCBs with other substances or waste to apply
also to disposal undertakings, thus making it possible to achieve the
aim of systematic disposal in full and preventing these undertakings
also from reducing the concentration of PCBs by mixing them and then
placing them on the market. The Commission pointed out that, depending
on the disposal technique used and their disposal capacity, disposal
undertakings are sometimes obliged to mix PCBs with other waste or to
transfer certain quantities of PCBs to other disposal undertakings for
disposal.  It was accordingly agreed to prohibit disposal undertakings
from marketing mixtures with a concentration higher than 1 ppm, except
where such mixtures are intended for another disposal undertaking.
The problem of incineration at sea was also resolved, as the Commission
accepted Parliament's proposal of prohibiting this method of disposal
forthwith.  It is impossible to monitor whether or not disposal at sea
is done in accordance with the rules. In any case, it is a highly
unsatisfactory technique.
 ---pagebreak---                                     - 3 -
   Parliament placed great stress on very striot control of disposal
   undertakings. Several amendments were made to Article 6 concerning them
   on the basis of the arguments set out below.   It will be possible to
   monitor cjompllance with the rules only if PCBs are disposed of
   exclusively in approved installations by undertakings which have
   obtained a special licence. Such licences should be granted only after
   the reliability and technical competence of the installation operator
   have been checked.   Striot inspections of such undertakings must
   accordingly be introduced.
   Since these installations are potentially dangerous, harmonization of
   the conditions of competition on the internal market entails harmonizing
   not only the safety standards and control methods but also the liability
   of the operator.   Insurance of the operator's liability should be
   compulsory.
   It is clear that the systematic disposal of PCBs requires the prior
   establishment of an inventory of the quantities of PCB in existence.
   Parliament added that in order to be able to carry out effective
   supervision of the inventory system it is necessary to monitor
   quantities in storage until they are disposed of, and to require
   evidence of disposal.
   The Commission also accepted certain specifications for the operation of
   disposal undertakings and an emission limit for disposal installations.
4. The Commission was unable to accept the following five of Parliament 'r.
   amendments:
 ---pagebreak---                                    - 4 -
  Parliament asked for the prohibition of transfrontier movements of PCBs
  within the Community, with the possibility of derogations where a Member
   State is not able to dispose of PCBs properly. The Commission did not
  accept this amendment, which is contrary to the principle of the
  establishment of a single market in an area without internal frontiers.
  In future, the movement of toxic and dangerous waste will be controlled
  by the Regulation on the supervision and control of shipments of waste,
  currently before the Council.1
  Parliament proposed a reference method for the rapid, determination of
  PCB content. The Commission turned this down, because it wants to use
  the method currently being developed by the Joint Research Centre (2
  amendments).
  Parliament wanted the limit values for emissions in dioxin and furan
  equivalent (toxic substances generated by the partial combustion of
  PCBs) to be applied to existing disposal installations from 1993. In
  the Commission's opinion this would allow insufficient time for the
  planning and contruction of flue-gas treatment installations, and it
  accordingly proposes 1995. It is, moreover, drawing up a proposal
  concerning such installations.
1 OOM(90)415 final, OJ C ...
 ---pagebreak---                                                                 5~-
                                     Amended proposal for a Council Directive
                                on the disposal of polychlorinated Mphenyls and
                                              polychlorinated terphenyls
                           (presented by the C o m m i s s i o n pursuant to A r t i c l e 149(3)
                                                 of the E E C - T r e a t y )
 ORIGINAL TEXT                                               AMENDED TEXT
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                    THE COUNCIL OF THE EUROPEAN COMMUNITIES,
 Having regard to the Treaty establishing the European       Having regard to the Treaty establishing the European
 Economic Community and In particular Article 100a           Economic Community and in particular Articles 100a and
 thereof,                                                    113 thereof,
 Having regard to the proposal from the Commission,          Having regard to the proposal from the Commission,
 In cooperation with the European Parliament,                In cooperation with the European Parliament,
Having regard to the opinion of the Economic and             Having regard to the opinion of the Economic and
 Social Committee,                                           Social Committee,
 Whereas divergences between the laws of the Member          Whereas divergences between the laws of the Member
 States on the disposal of PCBs may lead to distortions      States on the disposal of PCBs may lead to distortions
 of competition and, as a result, have a direct Impact       of competition and, as a result, have a direct Impact
on the establishment and functioning of the Internal         on the establishment and functioning of the internal
market; whereas It is hence necessary to approximate         market; whereas It is hence necessary to approximate
 laws In this field;                                         laws In this field;
Whereas Council Directive 76/403/EEC of 6 April 1976         Whereas Council Directive 76/403/EEC of 6 April 1976
on the disposal of polychlorinated blphenyIs and             on the disposal of polychlorinated blphenyls and
polychlorinated terphenyls1 constituted a preliminary        polychlorinated terphenyls1 constituted a preliminary
approximation of the laws of the Member States In this       approximation of the laws of the Member States in this
field; whereas these rules have not proved sufficient;       field; whereas these rules have not proved sufficient;
whereas the state of the art has evolved to a point         whereas the state of the art has evolved to a point
where disposal conditions can be Improved and a high        where disposal conditions can be improved and a high
 level of environmental protection can be taken as a         level of environmental protection can be taken as a
basis; whereas that Directive should therefore be           basis; whereas that Directive should therefore be
replaced by a new Directive;                                replaced by a new Directive;
Whereas the safe disposal of unavoidable waste Is one       Whereas tho safo disposal of unavoidably wa:,lu Is ono
of the objectives of Community waste management policy      of the objectives of Communis- waste management policy
as set out in the second action programme on the            as set out in the second action programme on the
environment and confirmed In the fourth programme;2         environment and confirmed in the fourth programme;2
1 OJ No L 108, 26.4.1976, p. 41                             1 OJ No L 108, 26.4.1976, p. 41
2 OJ No C 328, 7.12.1987, p. 1.                             2 OJ No C 328, 7.12.1987, p. 1.
 ---pagebreak---  Whoreas Council Dlrectivs 76/769/EEC of 27 Juiy 1S76  Whereas Council Directive 76/769/EEC of 27 Juiy 1S76
 on the approximation of the laws, regulations and     on the approximation of the laws, regulations ami
 administrative provisions of the Member States        administrative provisions of the Membor statoa
 relating to restrictions on the marketing and use of   relating to restrictions on the marketing and use of
certain dangerous substances and preparations, 3 as    certain dangerous substances and préparât Ions,3 as
 last amended by Council Directive 85/610/EEC, 4        last amended by Council Directive 85/610/FEC, 4
underlines the need for a periodic review of the whole underlines the need for a periodic review of the whole
problem with a view to moving gradually towards the    problem with a view to moving gradually towards the
complete removal of PCBs and PCTs;                     complete removal of PCBs and PCTs;
Whereas Council Directive 75/442/EEC of 15 July 1975   Whereas Council Directive 75/442/EEC of 15 July 1975
on waste, 5 as amended by Directive ..., concerns the  on waste, 5 as amended by Directive 91/156/EEC, 6
disposal of waste In general; whereas this Directive   concerns the disposal of waste in general; whereas
contains specific Community rules and can be regarded  this Directive contains specific Community rules and
as a special Directive within the meaning of Directive can be regarded as a special Directive within the
 75/442/EEC;                                           meaning of Directive 75/442/EEC;
Whereas Council Directive 75/439/EEC of 16 July 1975   Whereas Council Directive 75/439/EEC of 16 July 1975
on the disposal of waste oils, 6 as amended by         on the disposal of waste oils, 7 as amended by
Directive 87/101/EEC, 7 lays down 50 ppm as the        Directive 87/101/EEC, 8 lays down 50 ppm as the
maximum limit for the PCB or PCT content of waste oils maximum limit for the PCB or PCT content of waste
and PCBs must hence be defined In the light of that    o11 s ; whereas, In view of technical progress, that
 level Irrespective of the mixture concerned;           limit should be reduced In the case of mixtures
                                                        Intended for Incineration, Including waste oils, to
                                                       20 ppm;
                                                       Whereas, In the absence of sufficient Information to
                                                       challenge It, this limit should be regarded as a
                                                       satisfactory technical basis, subject to review In the
                                                        Iight of new studies;
Whereas the marketing of PCBs Is now prohibited and    Whereas the marketing of PCBs Is now prohibited;
whereas substitutes are commercially available;        whereas substitutes are commercially available;
whereas regeneration should consequently be            whereas regeneration should consequently be
prohibited;                                            prohibited;
                                                       Whereas the mixing of waste containing PCBs with other
                                                       waste or substances and the marketing by disposal
                                                       undertakings of mixtures containing more than 1 ppm of
                                                       PCBs should be prohibited In order to prevent them
                                                       being withheld from disposal;
                                                       Whereas Incineration at sea must be stopped; whereas
                                                       to that end sufficient disposal capacities must be
                                                       provided within the Community;
                                                       Whereas to avoid Improper disposal and the dispersion
                                                       of PCBs and waste containing PCBs outside the
                                                       Community, exports thereof to third countries and
                                                        Imports thereof from third countries with adequate
                                                       disposal Installations should be prohibited;
                                                       3  OJ No L  '/M, '//.9.10/6, p. ?0I
3  OJ No L 262, 27.9.1976, p. 201                      4  OJ No L  375, 31.12.1985, p. 1.
4  OJ No L 375, 31.12.1985, p. 1.                      5  OJ No L 194, 25.7.1975, p. 39.
5  OJ Mo L 194, 25.7.1975, p. 39.                      6  OJ No L Z L 26.3.1991, p. 32.
6  OJ No I 194, 25.7.1975, p. 23.                      7  OJ No L  194, 25.7.1975, p. 23,
7  OJ No L 42, 12.2.1S87, p. 43.                       8  OJ No L 42, 12.2.1987, p. 43.
 ---pagebreak---                                                            -t
                                                       Whereas research Into other methods of disposing of
                                                       PCBs and PCTs should be financed, Including processes
                                                        Involving bacterial biodégradation and pretreatment of
                                                       PCBs to extract chlorine;
Whereas PCBs are widely dispersed In the environment   Whereas PCBs are widely dispersed In the environment
and they are known to have harmful effects on human    and are known to have harmful effects on human health
health and the environment and whereas It is           and the environment; whereas It Is consequently
consequently necessary to prohibit any uncontrolled    necessary to prohibit any uncontrolled operation
operation involving PCBs;                               Involving PCBs;
Whereas PCBs should be disposed of in a manner which   Whereas PCBs should be disposed of in a manner which
ensures that they are prevented as far as possible     ensures that they are prevented as far as possible
from being dispersed In the environment and whereas it from being dispersed in the environment; whereas it is
 Is necessary to lay down minimum conditions under     necessary to lay down minimum conditions under which
which licences are granted to firms which carry out     licences are granted to undertakings which carry out
their disposal;                                        their disposal;
Whereas the number of PCB disposal plants is small and Whereas the number of PCB disposal plants Is small and
their capacity limited and whereas consequently        their capacity limited; whereas, consequently,
disposal programmes for used PCBs must be drawn up to  disposal programmes for used PCBs must be drawn up to
ensure proper planning of PCB disposal;                ensure proper planning of PCB disposal;
Whereas It Is essential to know what quantities of     Whereas It is essential to know what quantities of
PCBs exist In order to be able to match disposal       PCBs exist In order to be able to match disposal
capacity to needs and It Is therefore necessary to     capacity to needs; whereas It Is therefore necessary
label equipment containing PCBs and to compile an      to label equipment containing PCBs and to compile an
Inventory of PCBs;                                      inventory of PCBs-,
Whereas the replacement of PCBs In equipment by other  Whereas the replacement of PCBs in equipment by other
fluids is a difficult operation and may not be fully   fluids Is a difficult operation and may not be fully
carried out and whereas It Is consequently essential   carried out; whereas it is consequently essential to
to define rules governing this operation,              define rules governing this operation,
HAS ADOPTED THIS DIRECTIVE:                            HAS ADOPTED THIS DIRECTIVE:
                       ^Article 1                                              Article 1
The purpose of this Directive Is to approximate the    The purpose of this Directive Is to approximate the
laws of the Member States on the controlled disposal    laws of the Member States on the controlled disposal
of PCBs and equipment or objects contaminated by PCBs  of PCBs and equipment or objects contaminated by PCBs
In order to reduce and prevent pollution.              In order to reduce and prevent pollution.
                                                       This Directive replaces Directive 76/403/EEC, which is
                                                       hereby repealed w-ith effect from 1 January 1992.
                        Article 2                                              Article 2
For the purposes of this Directive:                    For the purposes of this Directive:
(a) "PCBs" means:                                      (a) "PCBs" means:
     - polychlorinated blphenyls (PCB),                     - polychlorinated blphenyls (PCBs),
     - polychlorinated terphenyls (PCT),                    - polychlorinated terphenyls (PCTs),
     - any mixture containing more than 0.005% by           - polychlorobiphenyl-tetramethanes (PCBTs),
       weight of PCBs and/or PCTs.                          - any mixture containing more than 0.005% by
                                                              weight of PCBs, PCTs and/or PCBTs.
 ---pagebreak--- (b) "Used PCBs" means any PCBs which are waste within  (b) "Used PCBs" means any PCBs which are waste within
    the meaning of Directive 75/442/EEC.                   the meaning of Directive 75/442/EEC, as amended by
                                                           Directive 91/156/EEC.
(c) "Equipment containing PCBs" means any apparatus or (c) "Equipment containing PCBs" means any apparatus or
    equipment containing PCBs or having contained PCBs     equipment containing PCBs or having contained PCBs
    which has not been decontaminated or any object        which has not been decontaminated or any object
    contaminated by PCBs. Until proof to the contrary      contaminated by PCBs. Until proof to the contrary
     is provided, equipment containing a fluid which        is provided, equipment containing a fluid which
    has not been Identified shall be treated as            has not been Identified shall be treated as
    equipment containing PCBs.                             equipment containing PCBs.
(d) "Holder" means any person holding PCBs and/or      (d) "Holder" means any person holding PCBs and/or
    holding or using equipment containing PCBs.            holding or using equipment containing PCBs.
(e) "Decontamination" means all operations which       (e) "Decontamination" means all operations which
    enable equipment, objects or materials                 enable equipment, objects or materials
    contaminated by PCBs to be reused or recycled.         contaminated by PCBs to be reused or recycled.
(f) "Replacement" means all operations In which PCBs   (f) "Replacement" means all operations in which PCBs
    are replaced by suitable fluids not containing         are replaced by suitable fluids not containing
    PCBs.                                                  PCBs.
                                                       (g) "Regeneration" means the physico-chemical process
                                                           of separating PCBs from other substances for
                                                           re-use.
                                                       (h) "Disposal Installation" means any Installation in
                                                           which the molecular structure of PCBs can be
                                                           destroyed and converted into harmless reaction
                                                           products.
                                                       (I) "Disposal undertaking" means any undertaking
                                                           operating a disposal Installation and licensed to
                                                           do so.
                        Article 3                                              Article 3
Member States shall take the necessary measures to     Member States shall take the necessary measures to
prohibit:                                              prohibit:
    the uncontrolled disposal of PCBs, used PCBs or        the uncontrolled disposal of PCBs, used PCBs or
    equipment containing PCBs,                             equipment containing PCBs,
    the mixing of waste containing PCBs with other         the mixing of waste containing PCBs with other
    waste or substances prior to transfer to a             waste or substances prior to transfer to a
    disposal undertaking,                                  disposal undertaking,
                                                           the marketing by a disposal undertaking of
                                                           mixtures with a PCB content greater than 1 ppm,
                                                           excopt where such mixtures are IIn t om d o d for
                                                           another disposal undertaking,
    the Incineration of PCBs on Incinerator ships from -   the Incineration of PCBs on Incinerator ships,
    1995.
                                                       -   exports to third countries and Imports from third
                                                           countries with adequate Installations for disposal
                                                           of PCBs, used PCBs and equipment containing PCBs.
 ---pagebreak---                        Article A                                              Article A
1. By way of derogation from Article 3 of Directive    1. By way of derogation from Article 3 of Directive
75/442/EEC, Member States shall prohibit regeneration. 75/442/EEC, as amended by Directive 91/156/EEC, Meiber
                                                       States shall prohibit regeneration.
2. Member States may authorize PCBs contained In       2. Member States may authorize PCBs contained in
    electric transformers to be treated only If:           electric transformers to be treated only if:
(a) the purpose of this treatment is to ensure, when   (a) the purpose of this treatment is to ensure, when
    such transformers are maintained, that the PCBs        such transformers are maintained, that the PCBs
    they contain comply with technical rules or            they contain comply with technical rules or
    specifications regarding dielectric quality;           specifications regarding dielectric quality;
(b) such treeatment Is carried out by an authorized    (b) such treeatment Is carried out by an authorized
    undertaking; and                                       undertaking; and
(c) the transformer Is In good working order and does  (c) the transformer Is in good working order and does
    not leak.                                              not leak.
                       Article 5                                              Article 5
By way of derogation from Article 7 of Directive       Member States shall take the necessary measures to
75/442/EEC, Member States shall take the necessary     ensure that holders of:
measures to ensure that holders of used PCBs or of
equipment containing PCBs who have not been authorized (a) used PCBs or equipment containing PCBs who have
pursuant to Article 6:                                     not been licensed pursuant to Article 6:
    transfer them as soon as possible to an                - transfer them as soon as possible to an
    undertaking authorized pursuant to Article 6;            undertaking licensed pursuant to Article 6;
    take steps to ensure that they are kept away from      - take steps to ensure that they are kept away
    equipment or containers containing flammable             from equipment or containers containing
    substances.                                              flammable substances;
                                                           - store them In specially flreproofed locations
                                                             which satisfy the requirements of Part B of
                                                             Annex 1;
                                                       (b) PCBs:
                                                           - take steps to ensure that they are kept away
                                                             from equipment or containers containing
                                                             flammable substances;
                                                           - store them In specially flreproofed locations
                                                             which satisfy the-requirements of Part B of
                                                             Annex 1.
 ---pagebreak---                                                                       i "
                        Article 6                                               Article 6
 1. The licence referred to in Article 8 of Directive   1. The Member States shall set up or designate the
 75/442/EEC shall be issued only to PCB disposal       competent authority or authorities responsible for the
establishments or undertakings which satisfy at least  planning, control and licensing of PCB disposal. The
the conditions laid down in Annex 1 hereto.            said authorities shall be those designated by the
                                                       Member States for the purposes of Council Directive
2. Used PCBs and equipment containing PCBs must be     75/442/EEC on waste, as amended by Directive
transported In accordance with the provisions of       91/156/EEC.
Council Directive 84/631/EEC1 and as described In
Annex 2 hereto.
3. Any undertaking or establishment which engages In   2. Any undertaking or establishment which engages in
decontamination or which replaces PCBs by other fluids decontamination or which replaces PCBs by other fluids
shall require a licence issued by the competent        shall require a licence Issued by the competent
authorities of the Member States.                      authorities of the Member States.
                                                       3. Disposal licences shall be granted to undertakings
                                                       only if the relevant Installations meet the conditions
                                                       set out In Annex 1 to this Directive.
                                                       (a) The competent authorities of the Member States
                                                       shall make unannounced Inspections at least once every
                                                       quarter In order to monitor the Installatlons's
                                                       compliance with the conditions and emission values.
                                                       The results of the Inspections must be brought to the
                                                       attention of the local authorities and be accessible
                                                       to the public.
                                                       (b) The operator shall bear civil I lab IIity for any
                                                       environmental damage caused by the operation of a
                                                       disposal Installation, irrespective of any fault on
                                                       his part, and he shall be obliged to take out
                                                        Insurance In respect of such liability.
                                                       (c) PCB disposal undertakings shall keep a register of
                                                       the quantity, origin, nature and PCB content of waste
                                                       delivered to them. They shall provide this
                                                        information to the competent authorities. The
                                                       register may be consulted by the local authorities and
                                                       by the public. They shall also Issue to holders who
                                                       deliver waste containing PCBs a receipt specifying the
                                                       nature and the quantity thereof.
4. Member States shall notify the Commission of the    (d) Member States shall notify the Commission of the
names, addresses, telephone and telex numbers and      names, addresses, telecommunications systems numbers
disposal capacities of the undertakings authorized to  and disposal capacities of the undertakings authorized
dispose of PCBs and of any change in this Information. to dispose of PCBs and of any change in this
The Commission shall publish this Information in the    Information. The Commission shall publish this
Official  Journal of the European Communities.          information In the Official   Journal of the European
                                                       Communities.
                                                       4. PCBs, used PCBs and equipment containing PCBs roust
                                                       be transported In accordance with the provisions of
                                                       Council Directive 84/631/PFC1 and as described In
                                                       Annex 2 hereto.
5. Licences Issued by the competent authorities of a   5. Licences issued by the competent authorities of a
Member State pursuant to paragraphs 1 and 3 shall be   Member State pursuant to paragraphs 2 and 3 sha11 be
recognized by the other Member States.                 recognized by the other Member States.
1   OJ No L 326, 13.12.1984, p. 31.                    1    OJ No L 326, 13.12.1984, p. 31.
 ---pagebreak---                         Article 7                                                Article 7
 1. Member States shall take the necessary measures to    1. Member States shall take the necessary measures to
ensure that:                                             ensure that:
(a) PCBs are replaced by other fluids only If other      (a) PCBs are replaced by other fluids only If the
     solutions would entail greater risks;                     replacement fluid entails lesser or no risks;
(b) the minimum conditions laid down in Annex 3 are      (b) the minimum conditions laid down In Annex 3 are
     observed If the PCBs contained In equipment are          observed If the PCBs contained In equipment are
     replaced;                                                 replaced;
(c) equipment in which fluids are replaced is properly    (c) equipment In which fluids are replaced is properly
     decontaminated;                                          decontaminated;
 (d) equipment In which fluids are replaced is clearly    (d) equipment In which fluids are replaced is clearly
     and indelibly marked as specified in Annex 4;             and Indelibly marked as specified In Annex 4-,
 (e) any equipment In which PCBs have been replaced is    (e) any equipment In which PCBs have been replaced Is
     treated as containing PCBs for the purposes of Its        treated as containing PCBs for the purposes of Its
     disposal, unless proof to the contrary Is                 disposal, unless proof to the contrary is
     provided.                                                 provided.
 2. Member States may prohibit the replacement of PCBs    2. Member States may prohibit the replacement of PCBs
 In their territory.                                      In their territory.
                        Article 8                                                 Article 8
The reference method of measurement to determine the     The reference method of measurement to determine the
PCB content and the adaptation to technical progress     PCB content and the adaptation to technical progress
of the Annexes shall be decided by the Commission        of the Annexes shall be decided by the Commission
after consulting the Committee for adaptation to         after consulting the Committee for adaptation to
technical progress established pursuant to Article 12b   technical progress established pursuant to Article 18
of Directive 75/442/EEC and In accordance with the       of Directive 75/442/EEC, as amended by Directive
procedure laid down In Article 12c of that Directive.     91/156/EEC, and In accordance with the procedure laid
                                                         down In that Article.
                        Article 9                                                 Article 9
1. Member States shall take the necessary measures to     1. Member States shall take the necessary measures to
ensure that any equipment containing PCBs Is labelled    ensure that any equipment containing PCBs is labelled
 In accordance with Annex 5. This label must also be      In accordance with Annex 5. This label must also be
affixed to the door of premises or rooms where           affixed to the door of premises or rooms where
equipment containing more than 8 dm' of PCBs is          equipment containing more than 8 dm 3 of PCBs_j_
 located.                                                 Individually or In total. Is located.
2. Member States shall compile Inventories of            2. Member States shall compile Inventories of
equipment containing more than 8 dm* of PCBs. They       equipment containing more than 8 dm* of PCBs. They
shall take the necessary measures to ensure that         shall take the necessary measures to ensure that
holders of such equipment notify the competent           holders of such equipment notify the competent
authorities of the quantities which they hold.           authorities of the quantities which they hold.
Annex 6 sets out the rules for compiling and             Annex 6 sets out the rules for compiling and
publishing an inventory and a model of the PCB           publishing an Inventory and a model of the PCB
Inventory form to be completed by holders.               Inventory form to be completed by holders.
3. Member States shall send a summary of these           3. Member States shall send a summary of these
Inventories to the Commission.                           inventories to the Commission.
                                                         4. Member States shall monitor the notified quantities
                                                        at Intervals by means of spot checks and shall compare
                                                        the quantities booked out with the receipts issued by
                                                        i n 9 disposal undertakings In accordance with
                                                        Article 6(3)(c).
 ---pagebreak---                       Article 10                                             Article 10
Member States shall, within three years of the         Member States shall, within three years of the
notification of this Directive and after consulting    notification of this Directive and after consulting
the Waste Management Committee set up by the           the Waste Management Committee set up by Commission
Commission Decision 76/431/EEC,1 draw up plans such    Decision 76/431/EEC,1 draw up plans such as those
as those referred to In Article 6 of Directive         referred to in Article 7 of Directive 75/442/EEC, as_
75/442/EEC relating to:                                amended by Directive 91/156/EEC, relating to:
-   the disposal of used PCBs and equipment containing     the disposal of PCBs. used PCBs and equipment
    PCBs,                                                  containing PCBs,
    the collection of capacitors containing less than      the collection of capacitors containing less than
    7 dm* of PCBs or equipment containing such             7 dm' of PCBs or equipment containing such
    capacitors.                                            capacitors.
Member States shall notify these plans to the          Member States shall notify these plans to the
Commission without delay.                              Commission without delay.
                      Article 11                                              Article 11
Member States shall Implement:                         Member States shall Implement:
(a) for holders of PCBs and equipment containing PCBs, (a) for holders of PCBs, used PCBs and equipment
    information programmes on the hazards of PCBs to       containing PCBs, Information programmes on the
    human health and the environment and on the            hazards of PCBs to human health and the
    precautions to be taken to ensure protection;          environment and on the precautions to be taken to
                                                           ensure protection;
(b) for members of the emergency services, training    (b) for members of the emergency services, training
    programmes on measures to be taken in the event of     programmes on measures to be taken In the event of
    accidents Involving PCBs;                              accidents involving PCBs-,
(c) for the general public, Information campaigns      (c) for the general public, Information campaigns
    concerning PCBs.                                       concerning PCBs.
                      Article 12                                              Article 12
1. Directive 76/403/EEC Is hereby repealed with
    effect from 1 January 1990.
2. References to the Directive repealed under          References to the Directive repealed under Article 1
    paragraph 1 shall be construed as references to    shall be construed as references to this Directive.
    this Direotlve. References to the Articles of      References to the Articles of that Directive shall be
    that Directive shall be read in accordance with    read In accordance with the table In Annex 7.
    the table In Annex 7.
                                                                              Article 13
                                                       1. Member States shall ensure that any Infringement of
                                                       this Directive is punished.
                     (Article 13)
2. Member States shall communicate to the Commission   2. Member States shall communicate to the Commission
the texts of the provisions of national law which they the texts of the provisions of national law which they
adopt In the field governed by this Directive. The     adopt In the field governed by this Directive. The
Commission shall Inform the other Member States        Commission shall Inform the other Member States
thereof.                                               thereof.
1 OJ No L 115, 1.5.1976, p. 73                         1 OJ No L 115, 1.5.1976, p. 73.
 ---pagebreak---                       Article 13                                            Article 1A
1, Member States shall take the necessary measures to 1. Member States shall take the necessary measures to
comply with this Directive from 1 January 1990. They  comply with this Directive from 1 January 1992. They
shall forthwith inform the Commission thereof.        shall forthwith Inform the Commission thereof.
                                                      2. When the Member States adopt such provisions, they
                                                      shall contain a reference to this Directive or shall
                                                      be accompanied by such a reference when officially
                                                      published. The form such reference shall take shall
                                                      be decided by the Member States.
                      Article 1A                                            Article 15
This Directive is addressed to the Member States.     This Directive Is addressed to the Member States.
 ---pagebreak---                                                               -1/1
                                                       ANNEX 1
                              A. J3STATJLATICNS FOR THE FINAL DESTRUCTION OF PCBs
1. These Installations shall be designed and            1. The Installations shall be designed and operated
maintained according to standards of the best           according to standards of the best available
available technology not entailing excessive costs.     techno logy In such a way as to ensure that neither
They shall be operated at all times to ensure that all  emissions nor waste contain. In total, more than
outflows of solids, fluids or gases do not contain      0.00002X of the quantity of PCBs treated.
PCBs or products arising from their Incomplete
(partial) oxidation.
2. All these Installations shall be operated In such a  2. All these Installations shall be operated in such a
way as to ensure that the specific process parameters   way as to ensure that the specific process parameters
are continuously maintained and there are sufficient    are continuously maintained and there are sufficient
excess reactants to ensure that the reactions reach a   excess reactants to ensure that the reactions reach a
safe level of completion.                              safe level of completion.
                                                       Deliveries of PCBs or used PCBs to the Installation
                                                       shall be stopped and the feeding of PCBs or used PCBs
                                                       to the Incinerator or destruction equipment shall be
                                                       automatically stopped where a disturbance prevents
                                                       these conditions from being maintained.
3. In addition to the general requirements outlined     3. In addition to the general requirements outlined
above the following conditions must be observed for    above the following conditions must be observed for
Incineration Installations:                             Incineration installations:
(a) conventional (open) incineration installations      (a) conventional (open) incineration installations
    shall be equipped with safety back-up systems to        shall be equipped with safety back-up systems to
    ensure a continued supply of energy and reactants       ensure a continued supply of energy and reactants
    In the event of failure In normal sources of            in the event of failure In normal sources of
    supply in order to maintain safe reaction               supply In order to maintain safe reaction
    conditions as long as toxic materials remain In         conditions as long as toxic materials remain in
    the Installation or until the normal supply can be      the Installation or until the normal supply can be
    restored;                                               restored;
(b) the Installations shall be equipped with automatic  (b) the Installations shall be equipped with automatic
    continuous monitoring equipment, the operation of       continuous monitoring equipment, the operation of
    which shall be able to override the operation of        which shall be able to override the operation of
    the installation and trigger Its safety equipment.      the installation and trigger Its safety equipment.
    The monitoring equipment shall be protected from        The monitoring equipment shall be protected from
    manual Interference and shall be designed for           manual Interference and shall be designed for
    regular automatic calibration; It shall be              regular automatic calibration; It shall be
    connected to sufficient sonsors to enable It to         connected to sufficient sonsors lo.onablu It to
    make good representative measurements;                  make good representative measurements;
 ---pagebreak---                                                                                -1 ^
(c) the incinerator must totally destroy the molecules        (c)   the Incinerator must destroy 99.9998% of the PCBs
    o! tcxic substances. For this purpose                           fed Into It. In new Installations, the limit
    conventional Incineration Installatlons must be      Wtoxic       âiïïè>for dloxIns and furans may not exceed
    equipped with post-combustion chambers with s w i r l ^ 9 ^ — :    1 mg/m*. In the case of.ex'stjng_'nstallatlons,
    devices. A minimum temperature of 1 200°C must be               this value must be applied from 1 January 1995.
    maintained in this chamber during combustion and                For this purpose conventional Incineration
    the residence time of the gases must be at least                 installations must be equipped with
    two seconds. The gases discharged from the                      post-combustion chambers with swirl devices. A
    installations must have an oxygen content of 3X by              minimum temperature of 1 200°C must be maintained
    vo i ume;                                                        In this chamber during combustion and the
                                                                    residence time of the gases must be at least two
                                                                    seconds. The gases discharged from the
                                                                    Installations must have an oxygen content of at
                                                                    least 3% by volume. The temperature and oxygen
                                                                    content readings shall be recorded automatically
                                                                    In sealed, tamper-proof apparatus;
(d) where the process does not use post-combustion,           (d) where the process does not use post-combustion,
    incineration efficiency must be comparable to that              Incineration efficiency must be comparable to that
    of conventional Incineration.                                   of conventional incineration. Other methods of
                                                                    disposing of PCBs may be accepted provided they
                                                                    satisfy technical requirements laid down following
                                                                    consultation of the Committee for adaptation to
                                                                    technical progress.
 ---pagebreak---                                                                    ~\b-
                       B. INSTALLATIONS FOR THE COLLECTION AND TEMPORAIST STORAGE OF
                                      PCBS AND OF EQUIPMENT CONTAINING PCBs
1. Such Installations shall be approved and their      1. Such installations shall be approved and their
operation monitored by the competent local             operation monitored by the competent local
authorities; they shall satisfy national requirements  authorities; they shall satisfy national requirements
for safety at work.                                    for safety at work.
2. All sites where containers, materials or equipment  2. All sites where containers, materials or equipment
containing PCBs are handled or stored shall have       containing PCBs are handled or stored shall have
Impervious bases capable of supporting any foreseeable  impervious bases capable of supporting any foreseeable
load and able to contain any leakage of PCBs.          load and able to contain any leakage of PCBs.
3. Such sites and structures must comply with the fire 3. Such sites and structures must comply with the fire
prevention and protection requirements approved by the prevention and protection requirements approved by the
competent authorities (fire service). Containers for   competent authorities (fire service). Containers for
PCBs shall be Impermeable, have double walls and be    PCBs shall be impermeable, have double wal Is or a
label led.                                             col lection tank, and be labelled.
4. The leak containment capacity shall be not less     4. The leak containment capacity shall be not less
than half the maximum PCB storage capacity and greater than half the maximum PCB storage capacity and greater
than the total volume of the largest single mass of    than the total volume of the largest single mass of
PCBs contained in the largest piece of equipment.      PCBs contained In the largest piece of equipment.
5. Such structures shall be covered to prevent the     5. Such structures shall be covered to prevent the
entry of atmospheric precipitation and equipped with a entry of atmospheric precipitation and equipped with a
special drainage system to collect all contaminated    special drainage system to collect all contaminated
liquids to prevent their escape Into the local         liquids to prevent their escape into the local
drainage system.                                       drainage system.
 ---pagebreak---                                                               '<>
                                                                          'if
                                                        ANNEX 2
                             TRANSPORT O F U S E D PCBs AND EQUIPMENT OCNTAINING PCBs
                                                          1. Supervision and control within the Community of
                                                         transfrontier shipments of used PCBs and equipment
                                                         containing PCBs shall be In accordance with the
                                                         provisions of Directive 84/631/EEC.
 1. Where the relevant International transport            2. Where the relevant International transport
agreements or codes which appear In Annex II to          agreements or codes which appear In Annex II to
Directive 84/631/EEC1 on transfrontier shipment of       Directive 84/631/EEC1 make specific mention of PCBs
 dangerous and toxic substances make specific mention     the requirements of these agreements and codes shall
 of PCBs the requirements of these agreements and codes   be considered to satisfy the conditions of Article 8
 shall apply to national and International transport.     of Directive 84/631/EEC.
 2. Where there Is no specific mention of PCBs In the     3. Where there Is no specific mention of PCBs In the
 relevant International transport agreements or codes,    relevant International transport agreements or codes,
 the requirements of class 6.1, Item 17b, of the ADR      the requirements of class 9.2.B of the ADR and the RID
 and RID shall apply to the national and International    and the requirements of class IVa of the ADNR shall
 transport of PCBs by road and rail respectively. The     be considered to satisfy the conditions of Directive
 requirement of class IVa of the ADNR shall apply to      84/631/EEC.
 the transport of PCBs by Inland waterway.
 3. When more than 50 ppm of PCBs are present In a        4. When more than 50 ppm of PCBs are present In a
 mixture with another dangerous substances such as        mixture with another dangerous substances such as
 petroleum oil which must satisfy different packaging,    petroleum oil which must satisfy different packaging,
 labelling or transport requirements, the more            labelling or transport requirements, the more
stringent requirements shall apply and the two            stringent requirements shall apply and the two
substances must be marked. PCB containers must close      substances must be marked. PCB containers must close
 hermetically and have absorbent material in their       hermetically and have absorbent material in their
 base.                                                   base.
                                                         1 OJ No L 326, 13.12.1984.
                                                        * ADR: European Agreement concerning the
                                                              International Carriage of Dangerous Goods by Road
                                                             RID: International Regulations concerning the
                                                             Carriage of Dangerous Goods by Rail
                                                             ADNR: Regulation for the Carriage of D?rserous
1 OJ No L 326, 13.12.1984.                                   Substances on the Rhine
 ---pagebreak---                                                                           - u~
                                                     ANNF.X i
                                       Kl PLACING PCBs IN EQUIPMENT
1. Equipment containing PCBs must be drained, cleaned and refilled without polluting the environment in any
   way.
2. Equipment containing PCBs may be refilled only with a suitable fluid which does not contain PCBs.
3. A single item of equipment situated in the vicinity of other equipment which still contains PCBs should not
   be filled with a substitute fluid with an ignition point under 300 "C.
4. The PCBs conuined in a substitute fluid must be physically or chemically separable
5. The level of contamination of the new fluid by residual PCBs in the equipment shall not exceed 500 ppm.
6. During the unie required, for the residual PCBs to infiltrate ihc new fluid, the equipment in question shall
   continue to carry the label t o be affixed to equipment containing PCBs shown'tn Annex 5 while « is m
   operation .and until such time as the new fluid has been shown to have a contamination level below 500 ppm
   for a period of at least 90 days.
7   When the equipment which has been refilled in accordance with the above provisions ha> been shown to
   contain a fluid that is not contaminated with more than 500 ppm of PCBs, during the rest ot its hie: imc an
   indelible and clearly visible sign shall be fixed to a as set out in Annex •»
8. At ihc end of the life ot such refilled equipment the fluid shall be analyzed. If it contains more than 50 ppm of
   PCBs, the equipment and fluid shall be disposed of according to the method laid down lor the destruction ot
   PCBs. If some components of the equipment have levelsot less than 50 ppm of PCBs after decontamination
   they may be recycled.
9. Member States shall ensure that adequate analytical services are available t o owners of equipment
   containing PCBs.
 ---pagebreak---                                                    /WW EX 4
    I ABF.Ll.INC; OF I.QUIPMF.N I IN WHICH PCBs HAVE BEEN RFPLACED BY OTHER FLUIDS
Each item of equipment shall be clearly marked with ,\n indelible and embossed or engraved sign on at least two
sides once the new fluid is shown not to contain more than 500 ppm of PCBs in accordance with the provisions
of Annex 3. This label nuisi include the lollowing symbol and be worded in the language of the country in which
the equipment is used and in English :
 This equipment was originally tilled with a fluid containing PCBs. It was refilled with             (substitute;
               on          (date)
 There may still be some residual PCBs in the fluid and the equipment.
 Before treating or disposing of the equipment check (compare) the level of PCBs and the relevant Community
 rules.
 I)ate(s) of sampling                                                                            Residual PCBs
 ---pagebreak---                                                                               lo-
                                                  \K\\ X y
                           LABELLING t)l- EQUIWII \ 1 CONTAINING PCBs
Such equipment shall be clearly and individually marked with .in indelible sign in accordance with Directive 79
831/EEC and worded in the language ot the country in which it is used and in English.
                                                  AXSEX6
                     INSTRUCTIONS ON HOW TO COMPILE AN INVENTORY
 V. To enable identification of equipment containing PCBs and to facilitate the decoding of the coded
    information on raring plates (name plates). Member States shall obtain all relevant information from
    manufacturers and distributors of such equipment, in particular of capacitors containing PCBs.
 2. The inventory shall be kept up to date by means of the attached form. If equipment is emptied or
    decontaminated before recycling or destruction, this must be notified and recorded. Every user of equipment
    containing PCBs is required to keep a logbook in which all changes to the equipment shall be recorded.
 3. Copies of the forms must be sent by holders to the competent authorities and the fire and police services.
 4. Member States shall publish this information in the industrial press (electrical, maintenance, plant
     management, etc) and send such information to the fire service, waste disposal companies, local authorities,
     etc.
 ---pagebreak---                                                                           - 2 1 -
                                                   ANNEX    6    (continued)
                      D E C L A R A T I O N F O R M T O BE C O M P L E T E D BY H O L D E R OF PCBs
Date of declaration             /       /19                         Holder (name of individual or company) :
Holder's address
                                                                    'Telephone No
I.  L O C A L A U T H O R I T Y U N D E R WHOSE J U R I S D I C T I O N T H E OBJECT FALLS
2.  L O C A T I O N O F PCBs
    (give sufficient details)
i.  PURPOSE FOR W H I C H OBJECT USED
    (unit containing iti
4.  D E S C R I P T I O N O F T H E E Q U I P M E N T C O N T A I N I N G THE PCB
    (overall dimensions and volume)
5.  SERIAL NUMBER/TYPE
6.  MANUFACTURER
7.  DATE OF MANUFACTURE
8.  N A M E A N D / O R T Y P E O F PCBs C O N T A I N E D
9.  Q U A N T I T Y O F PCBs C O N T A I N E D
10. D A T E O F R E P L A C E M E N T
    (if carried out)
11. PRESENT OWNER OF OBJECT
12. LEGAL. ADDRESS OF OWNER
13. TELEPHONE NUMBER WHERE OWNER CAN BE CONTACTED
14. OTHER COMMENTS
15. IF YOU CANNOT COMPLETE THIS FORM, COPY THE NAME PLATE.
Signature o f respondent
 ---pagebreak---                                             12-
                              ANNEX 7
   Directive                This Directive
   76/403/EBC
Article 1(a)  Article 2(a)
Article 1(b)  Article 1(e) and (g) of Directive 91/156/EBC amending
              Directive 75/442/EBC
Article 2     Article 3
Article 3     Article 5
Article 4     Article 4 of Directive 91/156/EBC amending
              Directive 75/442/EBC
Article 5     Article 4
Article 6     Article 6
Article 7     Article 5
Article 8     Article 15 of Directive 91/156/EBC amending
              Directive 75/442/EBC
Article 9     Article 13(2)
Article 10    Article 16 of Directive 91/156/EBC amending
              Directive 75/442/EBC
Article 11    Article 13(1)
Article 12    Article 13(3)
Article 13    Article 14
 ---pagebreak---  ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM (91)373 final
                                                       DOCUMENTS
EN                                                                               15
                                 Catalogue number : CB-CO-91-422-EN-C
                                                              ISBN 92-77-76022-2
Office for Official Publications of the European Conununities
L-2985 Luxembourg