52001SC1949

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second paragraph of Article 251 of the EC Treaty concerning the common position of the Council on the adoption of a European Parliament and Council Directive amending for the twenty-fourth time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (pentabromodiphenyl ether)

1. State of Procedure

- The above mentioned proposal [COM(2001) 12 final] was adopted by the Commission on 15th January 2001 and then transmitted to the Council and European Parliament.

- The European Parliament approved the proposal with amendments in the first reading on 6th September 2001.

- The Commission's amended proposal [COM(2001) 555 final] was adopted on 28th September 2001 and then transmitted to the Council.

- The Council reached a political agreement with unanimity on 27th September 2001 and adopted its Common Position on 27 October 2001.

- The Economic and Social Committee gave its Opinion on 25th April 2001.

2. Objective of the Directive

The Proposal, which is based on Article 95 of the Treaty, has the following two objectives:

- to preserve the Internal Market by introducing harmonised provisions with regard to the marketing and use of pentabromodiphenyl ether (pentaBDE);

- to provide a high level of protection of health and the environment by restricting the marketing and use of pentaBDE and of articles containing pentaBDE.

3. Comments on the Common Position

3.1. General

The Common position corresponds with the Commission's amended proposal.

3.2. Fate of the Amendments

Of the eight amendments adopted by the Parliament one has been accepted and part of another amendment accepted in principle by the Commission.

The Commission has accepted to delete the derogation on pentaBDE in concentrations of less than 5 % in technical grade octaBDE from the ban as new information from producers indicates that octaBDE can be produced without pentaBDE.

The Commission has not accepted those amendments of the Parliament witch would extend the scope of the proposed Directive to include bans also on other substances i.e. octaBDE and decaBDE. These other substances could be the subject of a subsequent proposal of the Commission when risk assessments have been completed and the availability of safe substitutes analysed.

Nor has the Commission accepted the amendment on procedures for risk assessment under Regulation (EEC) 793/93 on the evaluation and control of existing substances. This amendment goes beyond the present proposal to restrict the marketing and use of pentaBDE

3.3. The Common Position of the Council

The Common Position of the Council includes, in addition to the amendments of the European Parliament accepted by the Commission, a change motivated on technical grounds. This change would further clarify the scope of the proposed Directive.

4. Conclusion

The Commission supports the Common Position because it corresponds exactly with its amended Proposal.