CELEX: 51989PC0316
Language: en
Date: 1989-06-21
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING FOR THE EIGHT 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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM (89) 316 final - SYN 119
                                                    Brussels,   21 June 1989
                       AMENDMENT TO THE PROPOSAL FOR A
                              COUNCIL DIRECTIVE
              amending for the eight 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
 (presented by the Commission pursuant to the third paragraph of Article 149
                                of the EEC Treaty)
 ---pagebreak---                                                                      c.
                                                              6*>i«f
                             EXPLANATORY NOTE
At its  sitting on  17 March   1989 the European Parliament delivered an
opinion on the Commission proposal set out in document C0MC88) 7 final of
1 February 1988.
This proposal takes account of the amendments requested by the European
Parliament where the Commission has been able to accept them.
 ---pagebreak---                                                                          3.
                       AMENDMENT TO THE PROPOSAL FOR A
                              COUNCIL DIRECTIVE
              amending for the eight 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 the   light of the opinion delivered      in the first reading under the
                                                    (1)
cooperation procedure by the European Parliament         on the proposal sent
by the Commission to the Council for a Council Directive amending for the
                                  (2)
eight time Directive 76/769/EEC      , the Commission has decided to amend
the abovementioned proposal as follows:
1.  The following shall be added to the fourth recital:
    "whereas ILO (International Labour Organisation) Convention 136 and
    ILO  Recommendation   144  lay down   provisions  on   protection  against
    hazards arising from benzene;"
2.  The following shall be added to the fifth recital:
    "whereas   present   Community    legislation  concerning    the  possible
    adoption by the Member States of more stringent restrictions on the
    use of the substances and preparations in question at the workplace
    is unaffected by this Directive;"
    OJ n
(2)
    OJ C 43, 16.2.1988, p. 9
 ---pagebreak---                                                                              4.
3. The following shall be added to the sixth recital:
   "whereas  ILO  Convention   13  regulates  the  use   of  white   lead   in
   paints;"
4. Article 1 (3)(b) shall be replaced by the following:
   "(b) substances and preparations for use in industrial processes in
   which, under existing legislation, benzene may not be emitted;"
5. The following shall be added to Article 1 (4), point 19:
   "(b) as a wood preservative;"
6. Article 1 (4),   point 20,    shall be amended and extended to read as
   follows:
   "(c) or for use as a wood preservative.
   This ban does not apply to solutions of inorganic salts of the CCA
   (copper-chromium-arsenic) type employed in industrial installations
   using vacuum or pressure to impregnate wood.
   Furthermore,   the Member States may authorize in their territory the
   use of DFA (dinitrophenol-fluoride-arsenic) preparations for        the in
   situ  impregnation  of  wooden  poles  carrying  overhead   lines.     Such
   preparations  shall  be  employed   by  professionals   using   vacuum   or
   pressure."
 ---pagebreak---                                           ANNEX
                    Commission position on non-adopted amendments
Amendment No 4 introducing a recital 9(a) worded as follows:
"Whereas   it   will    also   be  necessary   to  adopt   rules  restricting    the
marketing   and use of certain dangerous         substances   and  preparations   in
respect of:
- dangerous waste      not   covered  by the   rules   laid  down   in  the  Council
  Directive of 18 September 1979 amending for the sixth              time Directive
  67/548/EEC     on    the   approximation    of   the   laws,    regulations    and
  administrative provisions relating to the classification, packaging and
  labelling of dangerous substances (79/831/EEC),
- new substances with properties and potential danger similar to those of
  substances already covered by Directive 76/769/EEC and the directives
  amending it, for example certain substitutes for PCB."
Commission position
Such  an  amendment      is  unacceptable   as   a new   recital  as   it does not
introduce any legal provision into the proposal for a Directive.
Amendment No 5      introducing a recital (9)b worded as follows:
"Whereas,    in addition,      a procedure must be laid down so that in future
PCB and   PCT concentrations       can be determined uniformly       throughout  the
Community."
 ---pagebreak---                                                                            6.
Commission position
This is unacceptable    in this proposal as it results in duplication of
effort. It provides for the laying down of a Community method of analysis
for the determination of PCB and PCT concentrations.          Such a method of
measurement   is  already  provided   for   in  the   proposal   for   a  Council
Directive (doc 88/559/final SYN 161 of 16 January 1988).
Amendments  No 6 and    No   12 must  be   considered   together   for   a better
approach to the problem. Amendment No 6 is a recital justifying amendment
No 12, the prohibition of DBBT.
Amendment No 6
"Whereas since the prohibition on the use of PCB and PCT (C0M(85)467)
substitute products have been developed,       for example DBBT,     which cause
the same environmental problems as PCB and whose use and marketing have
already  been  prohibited   in one Member     State;    whereas   it also   seems
necessary to approximate the legal provisions of the Member States with
regard to this substance;
Amendment No 12
"23. Dibromobenzyltoluene
     TetrachlorobenzyItoluene
     Dichlorobenzyltoluene (DBBT)
shall be prohibited    as  substances   or  as   constituents   of  preparations
placed on the market."
Commission position
Although  the   introduction   of these   two amendments is     commendable and
understandable, the Commission cannot accept them as it has undertaken to
consider the matter in a broader context.
 ---pagebreak---                                                                    7.
In November 1988,   the Netherlands authorities notified the Commission of
a draft Order prohibiting the marketing of DBBT,     UNILEC 121 and UNILEC
141 (notification 88/0112/NL).    In its reply of 6 February 1989 to the
Netherlands authorities,    the Commission announced   that   it intended to
propose  a directive   restricting  the  marketing  and   use  of   all  three
substances.
Amendment No 10. introduces a derogation from Article 1(4),         point 21,
which reads as follows:
"This prohibition shall not apply to light metal or aluminium boat hulls
or to other aluminium or light metal components,   such as the engines and
propulsion gear of boats, which enter the water."
Commission position
The amendment is unacceptable as there are substitutes for the specific
protection  of  aluminium  and  aluminium-based  light   alloy   boat   hulls,
namely paints based on copper, nylon or a polymer of the same type.
 ---pagebreak--- Commission of the European Communities
COM(89) 316 final
Amendment to the proposal for a
COUNCIL DIRECTIVE
amending for the eighth 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
(presented by the Commission pursuant to Article 149(3) of the EEC
Treaty)
21.6.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1 9 8 9 - 7 pp. - Format: 21.0 * 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-51225-3
Catalogue number: CB-CO-89-268-EN-C
 ---pagebreak---                                             ISSN 0254-1475
COM(89) 316 final
DOCUMENTS
Amendment to the proposal for a
COUNCIL DIRECTIVE
amending for the eighth 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
(presented by the Commission pursuant to
Article 149(3) of the EEC Treaty)
06                                        21.6.1989
Catalogue number: CB-CO-89-268-EN-C
ISBN 92-77-51225-3
€
COMMISSION OF THE EUROPEAN COMMUNITIES