CELEX: 51989PC0665
Language: en
Date: 1990-01-15
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING FOR THE ELEVENTH TIME DIRECTIVE 76/769/EEC ON THE APPROXIMATION OF THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS OF THE MEMBER STATES RELATING TO RESTRICTIONS ON THE MARKETING AND USE OF CERTAIN DANGEROUS SUBSTANCES AND PREPARATIONS

No C 24/20                            Official Journal of the European Communities                                    1. 2. 90
              Proposal for a Council Directive amending for the eleventh time Directive 76/769/EEC on the
              approximation of the laws, regulations and administrative provisions of the Member States
              relating to restrictions on the marketing and use of certain dangerous substances and prepa-
                                                             rations
                                                       COM(89) 665 final
                             (Submitted by the Commission to the Council on 22 January 1990)
                                                         (90/C 24/15)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas by virtue of its ecotoxicity, persistence and
                                                                    potential to bioaccumulate this substance constitutes a
                                                                     high risk to the environment; whereas significant envi-
 Having regard to the Treaty establishing the European
                                                                     ronmental contamination has already been documented
 Economic Community, and in particular Article 100a                  in the vicinity of mining operations using this substance
 thereof:                                                            as a hydraulic fluid; whereas in the event of a fire
                                                                    involving any equipment containing this substance highly
 Having regard to the proposal from the Commission, in              toxic substances may be given off; whereas eventual
 cooperation with the European Parliament,                          disposal of Ugilec 141 will require special procedures;
 Having regard to the opinion of the Economic and                   Whereas the substance bearing trade name Ugilec 121,
                                                                    being a new substance, has been notified on 15 March
 Social Committee,
                                                                     1984,    in    accordance    with    Council    Directive
                                                                    79/831 /EEC (4) and can therefore be marketed
Whereas measures for the progressive establishment of               throughout the Community; whereas this substance has
the internal market over the period up to 31 December               similar properties and behaviour and was intended for
 1992 have to be adopted; whereas the internal market               uses similar to that of Ugilec 141 and whereas the manu-
comprises an area without internal frontiers in which the           facturer has subsequently withdrawn this substance
free movement of goods, persons, services and capital is            voluntarily from the market; whereas restrictive measures
guaranted;                                                          are necessary to ensure that the substances or prepa-
                                                                    rations containing the substance are not reintroduced on
                                                                    the market at a future date;
Whereas Directive 76/769/EEC ('), as last amended by
Directive 85/610/EEC (2), and as amended in relation to
PCBs and PCTs by Directive 85/467/EEC ( J ), imposes                Whereas the substance DBBT, being also a new
severe restrictions on the marketing and use of PCBs and            substance, was notified in accordance with Directive
PCTs as a consequence of the risks to man and the envi-             79/831 /EEC on 26th February 1988 and can therefore
ronment;                                                            be marketed throughout the Community; whereas the
                                                                    intended use of this substance either on its own or in
                                                                    preparations is as a hydraulic fluid in coal mines, and
Whereas several substitutes have been developed to                  whereas such usage can be expected to result in
replace PCBs and whereas some of these substitutes,                 significant environmental contamination; whereas by
though less dangerous to man and the environment than               virtue of its ecotoxicity, persistence and potential to
PCBs/PCTs, nevertheless constitute a potentially high               bioaccumulate this substance constitutes a potentially
risk to man and the environment;                                    high risk to the environment; whereas restrictive
                                                                    measures should be introduced before this substance has
                                                                    become established on the Community Market;
Whereas it is therefore necessary to            restrict the
marketing and use of these substitutes;
                                                                   Whereas effective replacements or alternative approaches
                                                                    already exist which make the continued use of these
Whereas the substance bearing trade name Ugilec 141                 three substances unnecessary;
has been on the market since 1981; whereas the
substance or preparations containing this substance are
currently used as a dielectric fluid in condensors and             Whereas limitations on use or marketing already adopted
transformers and as a hydraulic fluid in coal mines;               by certain Member States in respect of the substances
whereas it is recognised that this substance is less               referred to above or of preparations containing them
dangerous to man and the environment than the PCBs it              have a direct incidence on the establishment and func-
was designed to replace;                                           tioning of the internal market; whereas it is therefore
                                                                   necessary to approximate the laws of the Member States
                                                                   in this field, and consequently to amend Annex 1 to
                                                                   Directive 76/769/EEC,
(') OJ No L 262, 27. 9. 1976, p. 201.
O OJ No L 375, 31. 12. 1985, p. 1.
O OJ No L 269, 11. 10. 1985, p. 56.                                (4) OJ No L 259, 15. 10. 1979, p. 10.
 ---pagebreak--- 1.2.90                                Official Journal of the European Communities                                      No C 24/21
       HAS ADOPTED THIS DIRECTIVE:
                                                             Article 1
       The following points are hereby added to Annex 1 to Directive 76/769/EEC.
       'Designation of the substance, of the groups of
                                                                             Conditions of Restriction
            the substances or of the preparation
       — 25 Monomethyl — tetrachlorodi-                As from ../../19.. (three years after the date of adoption of
           phenyl methane                              this Directive) the placing on the market and use of this
           Trade name Ugilec 141                       substance and of preparations containing it shall be prohibited.
           Cas No 76253-60-6                           By way of exception this provision shall not apply:
                                                       1. in the case of plant and machinery already in service on
                                                           ../../19.. (three years after the date of adoption of this
                                                           Directive) until such plant and machinery is disposed of or
                                                           until it reaches the end of its service life.
                                                       2. in the case of the maintenance of plant and machinery
                                                           already in service on ../../19.. (three years after date of
                                                           adoption of this Directive)
                                                       As from ../../19.. (three years after the date of adoption of
                                                       this Directive) the placing on the second-hand market of this
                                                       substance, preparations containing this substance and plant/
                                                       machinery containing this substance, shall be prohibited.
       — 26 Mono-methyl-dichloro-diphenyl              The placing on the market and use of this substance and of
           methane —                                   preparations containing it shall be prohibited.
           Trade name Ugilec 121, Ugilec 21
           Cas No — unknown
       — 27       Monomethyl-dibromo-diphenyl          The placing on the market and use of this substance and of
           methane —                                   preparations containing it shall be prohibited.'
           Trade name DBBT
           Cas No 99688-47-8
                                                             Article 2
       1.     Member States shall take the measures necessary to comply with this Directive not later
       than ../../19.. (one year after the date of adoption or this Directive).
       They shall forthwith inform the Commission thereof.
       2.     Member States shall communicate to the Commission the texts of the provisions of
       national law which they adopt in the field covered by this Directive.
       3.     The provisions adopted pursuant to the first paragraph shall make express reference to
       this Directive.
                                                             Article 3
       This Directive is addressed to the Member States.