CELEX: 51975PC0038
Language: en
Date: 1975-02-10
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE COLLECTION, REGENERATION AND/OR DESTRUCTION OF POLYCLORINATED BIPHENYLS (PCB's) (submitted to the Council by the Commission)

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COM (75) 38
Vol. 1975/0016
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 ---pagebreak--- COMMISSION* OP THE EUROPEAN COMMUNITIES
                                      COM(75)38 final
                                      Brussels , 10 February 1975
                   PROPOSAL FOR A COUNCIL DIRECTIVE
                   ON THE COLLECTION , REGENERATION
                   AND/OR DESTRUCTION OF POLYCLORINATED
                   BIPHENYLS ( PCB 's )
           ( submitted to the Council by the Commission )
   COM(75 ) 38 - final
 ---pagebreak---                                                                 EW/30i/74-S
                    PROPOSAL FOR A COUNCIL DIRECTIVE OF THE COLLECTION,
                    REGEUERAT'I OH AED/OR DESTRUCTION OP
                    POLYCHLORIMT.ED BIPKENTLS ( POB 's )
Explanatory Menorand*om                                   •  ■
 1 . In General
This proposal for a directive comes within the scope of the Programme of action
of the European Communities on the environment of 22 November 1973 ^ • It
constitutes one of the urgent measures to be taken in view of the well known
toxicity to living organisms and the non-degradability of the substances in
question .
The Council of the O.E.C.D. adopted , at its 315^ meeting on 13 February 1973 ,
a Decision of the O.E*C.D. Council on protection of the environment by control
of polychlorinated biphenyis .      In this decision , the Member States of the
O.E.C.D. undertake to take every appropriate measure to reduce to a minimum the
dispersion of PCB in the environment , in particular by restricting the use of
these substances to closed systems and by monitoring their treatments .
Under the agreement of 5 March 1973 on information for the Commission and for the
Member States with a view to possible harmonization throughout the Communities of
                                                                   2)
urgent measures concerning the protection of the environment          , the' French
Government has forwarded to the Commission       a preliminary draft on " Conditions of
use of polychlorinated biphenyis ".
The Commission has informed the French Government of its intention to present to
the Council , within the period laid down by the agreement on information , a
proposal for a directive on this subject .
1 ) O.J. ■ Uo C 112 , .20 December 1973 »
2) O.J. Hp C      9 , 15 March 1973 .
 ---pagebreak---                                                              ENV/3C1 fl-'-'Z
                                       - 2 -
 On 26 August 1 9T4 , "the Commission forwarded to the Council a proposal
 for a directive on the harmonization of the - laws , regulations and
 administrative provisions of the Member States relating to restriction
 of the sale and use of certain dangerous substances and preparations .
 This proposal for a directive already covers the conditions of use of PCB«
 The aim of the present proposed directive is to cover the conditions of
 collection , regeneration and destruction of PCB and thus to supplement
 the control of these substances in order to avoid any dispersal in the
 environment .
There are no specifio laws on collection, regeneration and/or destruction
 of PCB in force in the Member States .
In view of the legal situation as it exists in the Member States , it seems
evident that the Treaty has not provided the necessary powers to obtain
the objectives of the Treaty in relation to this proposed directive . In
these circumstances it is necessary to invoke Article 235 as the legal
basis for the proposed directive .
2.   Comments on spécifie articles                                 - '
Article 1
Polychlorinated biphenyls available commercially consist of the mixture of
isomers which results from the various modes of substitution of chlorine
into the parent compound , biphenyl . . They can be mixed with polychlorinated
terphenyls .
Article 2
This article states the general principles for elimination of all dispersal
of PCB 's .;
Article 3
Paragraph 1 of this article refers to the setting up of an appropriate collec­
tion system for recovery of waste products either to be regenerated under
controlled conditions or to be destroyed in suitable furnaces .
 ---pagebreak---                                       - 3 -                EiW/301/74-E
Paragraph 2 of this article covers the uses of PCB 's in systems designed as to
permit their recovery and authorized by the proposal for a Council Directive on
the approximation of the laiis , regulations and administrative provisions of
Member States relating to restriction of the sale and use of certain dangerous
substances and preparations . The main systems contemplated here are transformers ,
large condensers , heat-exchange systems ( except in plant for treatment of
foodstuffs for human consumption, animal feedingstuff's and pharmaceutical and
veterinary products ) and hydrolic systems used in mining machinary .
Article 4 and 5
These provisions , requiring creating bodies or entreprises to be set up or
appointed and the obligation for the consumer to apply to them, ensure that the
treatment of PCB will be carried out in an appropriate manner and with the necessary
plant .
These provisions form the basis for subsequent inspections . Nothing specific is
stated regarding the nature of these bodies or enterprises to leave Member States
free to adapt to local and national situations .
For example , article 4 does not preclude the manufacturer or importer of PCB from
being appointed as the enterprise responsible for the collection , regeneration
and/or destruction of these substances .
Participation by the owners or holders of POB*s in the costs of treatment complies
with the principle known as "polluter pays".
Article 6                                                                   •
This provision guarantees that each country will create the conditions necessary
for organizing the various stages of PCB treatment while allowing the Member
States the widest possible scope for action.
 3.  C onsultations with the European Parliament and the Economic and Social Committee
 The opinion of the European Parliament is required pursuant to Article 235 of the
 Treaty of Rome .
 ---pagebreak--- The Economic and Social Connrdttee should also "be consulted . ---pagebreak---                                                               ENV/ 30 1 /74–E
                  PROPOSAI. FOR A COUNCIL DIRECTIVE
                  OU THE COLLECTION, REGENERATION AND/OR
                  DESTRUCTION" OP POLTCHLORTKATED "ETPEENTLS (PCB )
 THE COUNCIL OF THE EUROPEAN COMMUNITIES .              -
Having regard to the Treaty establishing the European Economic Community ,
 and in particular Article 235 thereof ;
 Having regard to the proposal from the Commission ;
 Having regard to the Opinion of the European Parliament ;                     t
 Having regard to the Opinion of the Economic and Social Committee ;
 Whereas PCB*s present hazards, which are widely recognized as "being harmful to
 human health and the environment , and whereas these substances must therefore
■be controlled at each stage of their use • ■■ ■ ■
 Whereas regulations relating to collection, regeneration and/or destruction of
 PCB f s are necessary in order to attain within the framework of the common market
 the objectives of the Community in the fields of improvement of living conditions ,
 harmonious development of economic activities throughout the Community and
 continuous and balanced expansion , and whereas the necessary powers have not been
 provided in the Treaty.
 Whereas the Programme of Action of the European Communities on the Environment,
 approved by the Council of the European Communities and the Representatives of the
 Governments of the Member States , meeting within the Council , in the Declaration
 of 22 November 1973 » recognizes the need for     Community action with respect to
 wastes whose treatment , for reasons of toxicity and non-degrad&bility , requires
 solutions transcending the national framework ;           •"
 1/ OJNoC 112 , 20 December 1973
 ---pagebreak--- Whereas the Council Directive of                  on the approximation of the
laws , regulations and administrative provisions of the Member States relat­
ing to restriction of the sale and use of certain dangerous substances and
preparations already restricts the use of these substances to certain cate­
gories of applications j
Whereas the Council Directive of                  relates , to the disposal of
wastes in general :    whereas it is necessary to create for particularly
dangerous wastes special arrangements offering every guarantee that human
health and the environment will be safeguarded against harmful effects
from these wastes or from uncontrolled abandonment or dumping, and whereas
PCB constitutes such a case •
Whereas , in order to avoid as far as possible the risks of dispersion into
the environment , it is desirable that the Member States take the necessary
measures to make mandatory the clearing and collection of waste PCB 's or
of PCB 's in equipment no longer in use where the design of this equipment
permits recovery of such PCB 's ]
Whereas provision should also be made for the setting up or designation by
the Member States of one or more bodies or undertaking^ to1, be responsible^
for the collection, regeneration and/or destruction of PCB 's, and whereas
anyone in possession of PCB 's which he wishes to dispose of must hold them
at the disposal of such bodies or under takings *'
HAS ADOPTED THIS DIRECTIVE :
2/ 0J               ( COM(74) 1189)
3/ OJ               ( COM(74) 1297 )
 ---pagebreak---                                       - 3 ~
Article 1
For the purposes of this Directive " PCB 's" means polychlorinated "bi phenyls
or mixtures containing polychlorinated hi phenyls and polychlorinated ter­
phenyls .
Article 2
Trie Member States shall take the necessary measures to prohibit the uncon­
trolled discharge , dumping and deposit of PCB 's and of objects and equipment
containing tliera .
Article 3
1.       The Member States shall take the necessary measures to ensure that the
collection , regeneration or destruction of waste PCB 's , or of PCB 's contained
in objects or equipment no longer is use talces place under conditions which
preclude any risk or harm to human health and the environment .
2.       The Member States shall take the necessary measures to make compulsory
the clearing and collection of waste PCB 's , and of PCB 's contained in equip­
ment no longer in use where such equipment is so designed as to permit their
recovery .
Article 4
For the purposes of Articles 2 and 3 of this Directive , each Member State
shall set up or designate one or more competent bodies or undertakings to
be responsible for the collection, regeneration and/or destruction of
PCB 's .
1.       Anyone in possession of PCB 's which he wishes to dispose of shall
hold them at the disposal of the bodies or undertakings referred to in
Article A ,
 ---pagebreak---                                       -4 -
2.       He shall "bear that portion of the treatment costs which those bodies
or undertakings are unable to recoup by utilisation or disposal of the waste
PCB 's .
Article 6
The Member States shall lay down the special provisions with which those in
possession of PCB 's and the bodies or undertakings responsible for the
collection, regeneration and/or destruction of PCB 's must comply pursuant
to Articles 2 and 3 .
Article 7
Every three years each Member State shall compile a report on the position -
as to PCB treatment in its territory and shall forward it to the Commission.
The Commission shall forward it to the other Member States .
Article 8
The Member States snail bring into force the measures necessary to comply
with this Direotive within twenty-four months of its notification and shall
forthwith inform the Commission thereof .
Article 9
Following notification of this Direotive , the Member States shall inform
the Commission, in sufficient time for it to submit its oomments , of all
proposed laws , regulations or administrative provisions which they intend
to adopt in the field covered by this Directive .
Article 10
This Direotive is addressed to the Member States .