Document ZnByer9B8yq09RLDz93RzgwXJ
No *' J
Proposal for a Council Directive on the collection* regeneration aml/or destruction of polychlorinated biphenyl* (PCB's)
(Submitted to the Council by the Commission on IJ February I9?f)
mi- council or nir kukopfan communities,
Having regard n* the heaiy establishing the
European Ketmomic Community, and in particular
Article 23S thereof;
%
Having repaid to the proposal from the Commission;
Having regard to the Opinion of the fedropean Parliament;
Having regard to the Opinion of the Economic and Social (jmmmtrr;
Community action with respect to wastes whose treatment, for reasons of toxicity and non*dcgrad,ihilii), requires solutions transcending the national framework;
Whereas the Council Directive of ................... on the approximation 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 already restricts the use <>f these substances to certain categories of applications;
Whereas PCB's present hazards, which are widely
Whereas the Council Directive of ... . relates to
recognized as being harmful to human health and the
the disposal of wastes in general; whereas it is
r environment; whereas these substances must therefore be controlled at each stage of their use;
necessary to create for particularly dangerous wastes special arrangements offering every guatantee that
human health and the environment will be
Whereas Regulations relating to collection,
safeguarded against harmful effects from these wastes
regeneration and/or destruction of PCB's are
or from uncontrolled abandonment or dumping;
necessary in order to .main within the framework of
whereas PCD constitutes such a case;
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 cvpansion; whereas the necessary powers have not been provided in the Treaty;
Whereas, in order to avoid as far as possible the risks of dispersion into the environment, it is desirable that the Member Stares rake the necessary measures to make mandatory the clearing ami collection of waste PCD`i or of PCB's in equipment no longer in use
Whereas the programme of action of the European ComrtmnrtKi on the environment, approved by the
where the design of this equipment permits recovery of such PCB's;
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
Whereas provision should also he made for the setting up or designation by the Member States of 'one or more bodies or undertakings to be responsible
for the collection, regeneration and/or destruction of
{) OJ No C 112, 20. 12. 1973.
PCB's; whereas anyone in possession of PCB's which
MONS 056917
w.n: wi
Official Journal of die V.uiopcm Commuiritn-i
1 J. /S
Ih wishes to dispose id must hold them at the disposal of such birdies oi unde Makings,
has ADorni) this dihiciivi::
Article 1
I'or the purposes of this Directive 'PCBY means .polychlorinated biplumyls or mixtures containing polychlorinated biphenyls and polychlorinated tcrphenyls.
Article 2
1 he Manlier States shall take the iirtessary (treasures to prohibit the uncontrolled discharge, dumping and deposit of 1'CIVs and of objects and equipment containing them
Article J
1. The Member States shall take the necessary
measures to ensure that the collection, regeneration
or destruction of waste PGB's, or of PCB's contained
in objects* or equipment no longer in use takes place
under conditions which preclude any risk or harm to
human health and the environment.
.
2. The MemUr Stales shall take the necessary tuensutrs to make compulsory the clearing and collection of waste PC IPs, and of PCB's contained m equipment no longer in use where such equipment is so designed as to permit their recovery.
Article 4
Por the purposes of Articles 2 and 3 of this Directive, each Member State shall set up or designate one or mote competent bodies or undertakings to be responsible foi tbc collection, regeneration and/or destruction of t'CH's.
Article f
1. Anyone in possession of I'OVs winch be wishes to dispose of shall hold them at the disposal of the bodies or umieitakings referred to in Article*.
2. lie shall bear that poiiion of the ircjtnirnt costs which those bodies or umieitakings are unable to recoup by milt/ation oi disposal of the waste PUI's.
Aiticle 6
The Member Stares shall lay down the special provisions with width those in possession of PCB's and the bodies or undertakings responsible /or the collection, regeneration and/or destitution of PCB's must Comply pursuant to Articles 2 and J.
Article 7
Every three years each Member State shall compile a report on the position .>$ to P('B (reamtent in its territory and shall Imward it to the Commission. Hie Commission shall /one,ml it to t)u other Member States.
Article H
The Member States shall bring into force the measures necessary to comply with this Directive within 2* months of its notification and shall forthwith inform the Commission thereof.
Article 9
hollowing notification of this Directive, the Member States shall inform the Commission, in sufficient time fnr it to submit its comments, of all proposed laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive.
Article 10
litis Directive is addressed to the Member States.
MOWS 056910
Nu C IJ7/W
Olfici.nl Journ.il of the Knrnt>can Conmunnii.
14. ?.
-' having regard to the proposal from tlx Commission of the European Coimimmmioc* the < vitiu.il of <
- having regard to the Opinion mi this proposal adopird by the European I'.irli.imcnl on 14 March |97.|(* . -- having regard i iht- subsequently amended proposal fiom the G.moidsmom of 12 Aunosi
I. Recalls the Gumed's resolution of 22 March 1971 on licnuniiiic ami Monet ary Dmmi, in.wliuh the tutu* ttmrt system of value added lax plays an extremely important role;
2. Stresses also the budgetary significance o.f this sixth Directive, mum*, pursuant to Article 4 of the Deci sion of 21 April 197(1, by I January I97j, the budget of ihc Conmnimt'o u.k id h ive been fin.uucd entirely
finnt own rcsourevs im. hiding those accruing from value added tax and obtained by apply1"!* a t.iu iwpc*seed
ing J % to a uiufotnt' basis of assessment; *
,.
t. Considers it intolci.ible that in (he present circimiftarut> the derogation provided for in Annie 4 of ibis IMisitm should ammme to apply, to the detriment of the GMiuminiiy;
4. Cannot avoid the impression that the lengthy procedure in the Council is due to the .ihscnie of political
will; .
.5. Ei^k'cis ile l'imncd to take a decision without delay to the effect that the Dilative may enter into force no
later than I January 1976, so that the,Community -- since the Member States will leitnire none time to adjust
their legislation after the adoption of this Directive in the Council -- has genome own resources on I Jjrsuary
1977 at the latest,
.
6. Instruct* its President to forward this resolution to the Council and Comintssion of the Europe,in Comniu nitici and to the (iovctnincnts and Parliaments of the Member States.
() OJ No C *0, 5.10. 1973, p. 1 (*) OJ No C 40. I. 4. 1974, p. R . <) OJ No C 121, II. 10. 1974, p. 34.
Directive on polychlorinated biphenyls
After Mr Rndoux had spoken. Parliament adopted the following resolution contained in the report drawn up by Mrs Elisabeth Orth on behalf nf the Committee on Public .Health ami the Environment on the proposal from the Commission of the European Communities to the Council (Doc.510/74) for a Directive on the collation, regeneration and/or destruction of polychlorinated biphenyls (PCB's) -- (Doc. i 17/75):
HONS 056919
n. r
Official Journal of tUc l\iirt>jvn Commmmfrs
No C I57/H7
Rl'SOI 1)1 ION
emlMMlyinf* th* Opinion of iltc Furopctn Pfttliitmtnt on (hr |iru|m(il (mm the Ommiuion of thv lumpcan Commvmnio to (hr Council for a Directive on dir cnHeerinn, regeneration
and/or destruction of polychlorinated biphenyl* (PCB'i)
Thv I!hih/|iih PatHamvtti,
- having rcgatd to the p'|*al from rhe Commission of the European Omnnmmo to the Council ('),
-- having Iwn rnnsuhed hy the Council pmvuant to Article 2.15 of the I F.C Treaty (Dm. 51W74),
- haviuv. u'g.ml to the report o( the Committee on Public Health ami the FmtrocmutU ami the Opinion of the
Commuter on l:n*mmiv nod Monel,try Affairs (Doc. 117/75),
*
1. Consider* the (ommissnu)'* proposal for a directive a useful and necessary instrument for achieving better, more effective protection of public health and the environment;
2. Notes with satisfaction that the present proposal constitutes one of the urgent measures to be taken.under
the huiopcan Community's programme of action on the environment;
*
V Notes with satisfaction that the Ftiropcan Community, in this Directive, follows the decision of the Council tf lltc OF.CD on (In protection of the environment hy control of polychlorinated biphenyls;
4. I'(Res thv Commission to chmuc that the provisions to be established by the Member States for bridies
tvsponsiWe for PI H treatment, should not lead to reduced efficiency on the part of such enterprises or to distor
tion of competition conditions;
-
V Agrees with the proposal that part of the treatment costs should be borne by the person or enterprise with* mg to dispose of PUT*, since this complies with the `polluter pays' principle;
tv Urges the Commission to ensure that the. deadline of 24 months for the imtodmimn of provisions under this Directive comment mg on I October 1V75, is strictly observed to avoid further delay in their enforcement;
Rv quests the Comnmsinn, pursuant to Article 149 (2V of the EEC Treaty to make the following amend
ments to its proposal;
.
N. Requests its appo-piute committer to check carefully whether (he CommnMim n( the l nrnpean Communi ties adopts th- l mope,m ParliamentY amendments to its proposal and, if neccssaiy, to report on this matter to Parliament.
** D| NoC 4S I. T 1975, p. t
ii si raoriwn n> utv commission or mr FtigortAN commukiues ci
ti.xt amknoeo v nt; European parliament
Council Directive on the collection, regeneration and/or destruction of polychlorinated biphenyls (PCB'i)
Preamble, recitals and Articles 1 to 6 unchanged (*) Fur lull tew, see OJ Nu C 49. 1. 3. 1975, p. 1.
IVONS
Nt. ( ^7/SX
Oftitinl Jmmtal .'I tht Eumj.r.in CnminiimlH'.
)4 7 '
irxr morou.n nv iiif. commission of inn rimori AN (('mmonitifs
ifxt aminoio av Tin. rimoriAN rsaiiAMM.i
Article 7
Every three years \nh Member State shall compile a rrpmt tm the pwithm as to PCB treatment in its territory and shall forward it to the Commission.
The Ooiwtf<wo*i ulutll fout'itul it to the other Member Shiirs.
Article 7
Every three >r.o< each Member Sr.ie shaft e*mp:*r a report on the position a* to IV.B treatment * its territory' and shall forward it to the Commission
The Commission shall forwatd to the other Mtmhcr States, the Couneil and the European I'ailiatnrm a report on the application of the Directive in the various Member .States.
Article 8
T)if Member States shall bring into force the measures necessary m comply with this Directive within .M month' of its notification and shall forthwith inform the Commission thereof.
Article It
The Member States shall bring inin l ,c the measures necessary to romply with this Dorctivc within 24 months of its notification, 1 Oct'*ber 1975 being established as the latest date for inch notification, and shall forthwith inform the Commission ihcrcof.
A rticles 9 and 10 unchanged
Speed limits in the TI.C
Mi Nyhmn inttodmrd the motion fm a resolution whuh hr had tabled on behalf of the Committee on Hcpmnnl Polnv and Transport on speed limits within the European 1 tonomic Community (Doc. 118/75).
The following spoke: Mr Secfcld on behalf of the Socialist Croup and Mr Simonet, Vice'President ttf the Comtuittion.
Parliatmnt tlton proceeded to vote on the motion for a resolution.
Mr Srcfcld li.nl uhhd amrndmrot No t on the first indent of the preamble: he now moved this amcmliuent.
Mr Nyborg spoke.
'
Amendment No 1 was adopted.
'
Parliament adopted the first indent, accordingly modified.
Parliament then adopted the second, third and fourth indents.
On the fifth indent of the preamble, Mt Serfrld had tabled amendment No which lie now moved
Mr Nyborg spoke. Amendment No 1 was adopted.
1
`
Parliament adopted the filth indent, accordingly modified.
Parliiuncnt then adopted the sixth and r.mth indents of the pie.unble. then paragraph 1
On paragt.iph l, Mi Seefeld had tabled imrMilmnu No .1 which he mm moved.
Mr Nyborg spoke.
Amendment No .1 was rejected.
Parliament adopted paragraph 2, then pawn tphs 3
to J.
>'
The following resolution was adopted;
MCNS 056921