CELEX: 51991PC0186
Language: en
Date: 1991-06-04
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING FOR THE 11TH 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

COMVIISSION OF THE EUROPEAN COMMUNITIES
                                                     flnal
                                         C0M(91) 186       " SYN 239
                                         Brussels, 4 June 1991
                       Re-examined proposal for a
                            COUNCIL PIRECTIVE
       amending for the 11th 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 préparât I
                                                                    ons
       (presented by the Commission pursuant to Article 149.2(d)
                           of the EEC treaty)
 ---pagebreak---                    EXPLANATORY MEMORANDUM
On 17 April 1991 the European Parliament amended the common
position adopted by the Council on 5 February 1991 on the
abovementioned proposal.
Pursuant   to Article 149(2)(d) of the EEC Treaty,       the
Commission has re-examined its proposal and decided:
     to accept the first part of amendment No 3;
     not to accept amendment No 1 and    the second  part of
     amendment No 3, as annexed.
The Commission is of the opinion that:
     amendment No 1, a recital     referring to the Sixth
     Luxembourg Report, Is out of place In such a proposal;
     the second part of amendment No 3 referring to disposal
     plans fpr UGILEC 141 Is unnecessary. There Is already
     a proposal for a Council Directive on this subject.
This proposal takes account of the amendment requested by
the European Parliament which the Commission has been able
to accept.
 ---pagebreak---          RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE
       amending for the 11th 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
In Article 1 of Annex I, paragraph 1 in the         right-hand
column of point 25 is hereby amended as follows:
"In the case of plant and machinery already in service 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, which shall be no later than
eight years after adoption of this Directive for mining
machinery and fifteen years for transformers."
                                                               z
 ---pagebreak---                                  ANNEX
          (Amendments not accepted by the Commission)
Amendment    No   1  Introducing    a  new  recital   9a worded   as
fOIlOWS:
"Whereas substitutes for use as hydraulic fluids In mining
that satisfy all the provisions of the Sixth Luxembourg
Report on requirements and tests for non-flammable hydraulic
fluids for hydrostatic and hydrokinetlc transmission and
steering In mining operations, particularly the fire test
and   the   thermal   decomposition     test, are    not   currently
available In all Member States owing to varying national
interpretations of the Luxembourg Report; whereas the only
other solution In these cases Is to convert the technology
in question, which         for   technical  and   economic   reasons
requires a transitional period or derogations; whereas, In
the light of the requirements both to reduce the risk to the
environment     and  to    increase the safety of miners, the
Luxembourg Report should be amended in order to permit the
use as hydraulic fluids (e.g. on a polyglycol basis) in all
Member States     of   the   fluids   currently   being  tested   as
subst I tutes-, "
Commission   proposal
Such an amendment is out of place In this proposal, the sole
purpose of which Is to prohibit the marketing of these three
substances.     This new recital Is concerned, above all, with
protection at the workplace.
 ---pagebreak--- Amendment Hp 3 (second part) adding to paragraph 1 in the
right-hand column of point 25 of Article 1 of Annex I the
word Ing:
"Disposal plans shall be drawn up to this end;"
Commission position
Although the Commission has no fundamental disagreement with
Parliament  on the    Introduction of disposal    plans for
UGILEC 141, it cannot accept this amendment In the context
of this Directive, where the sole objective Is to prohibit
the marketing and use of the substance.
Moreover, there    is already a proposal     for a Council
Directive en this subject (C0M(88)559 of 18 October 1988).
                                                             r
 ---pagebreak---  ---pagebreak---                                                                               ISSN 0254-1475
                                                                COM(91) 186 final
                                                      DOCUMENTS
EN                                                                                       06
                                 Catalogue number : CB-CO-91-214-EN-C
                                                              ISBN 92-77-72414-5
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