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Texts adopted
Thursday, 6 September 2001 - Strasbourg Final edition
Restrictions on the marketing and use of certain dangerous substances and preparations (pentabromodiphenyl ether) ***I
A5-0271/2001
Text
 Resolution

Proposal for a European Parliament and Council directive amending for the 24th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (pentabromodiphenyl ether) (COM(2001) 12 - C5-0018/2001 - 2001/0018(COD) )

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament
Amendment 1
TITLE
Proposal for a European Parliament and Council directive amending for the 24th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (pentabromodiphenyl ether)
Proposal for a European Parliament and Council directive amending for the 24th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (pentabromodiphenyl ether, octabromodiphenyl ether )
Amendment 2
RECITAL 5
   (5) The commercially available, technical grade, diphenyl ethers are mixtures and contain molecules with different numbers of bromine atoms. Technical grade octabromodiphenyl ether (octaBDE) contains pentaBDE, in addition to mainly octaBDE and heptaBDE. OctaBDE is currently the subject of risk assessment under Regulation (EEC) 793/93. This risk assessment is not yet complete and though risk reduction measures may be recommended in the future the present proposal should not have the effect of restricting technical grade octaBDE.
   (5) The commercially available, technical grade, diphenyl ethers are mixtures and contain molecules with different numbers of bromine atoms. Technical grade octabromodiphenyl ether (octaBDE) contains mainly octaBDE and heptaBDE, but also pentaBDE. In order to protect human health and the environment, the use of octaBDE containing more than 0.1 % pentaBDE can no longer be allowed once pentaBDE is restricted . Furthermore, although the risk assessment for octaBDE is not yet complete, this substance should be prohibited, given that the current assessment has already established definite risks for human health and the environment .
Amendment 3
RECITAL 5 a (new)
(5a) Safer alternatives to the use of polybromodiphenyl ethers (PBDEs) are commercially available, be it halogen-free flame retardants or alternative materials.
Amendment 15
RECITAL 5 b (new)
(5b) All PBDEs are chemically strongly related, and not only pentaBDE, but also octaBDE and decaBDE, evaporate from products in use and are found in indoor dust and air. They are all found in tissue and blood of animals and humans, and they all cause the production of toxic brominated dioxins and furans at incineration. The main environmental properties and mechanisms of toxicity of PBDEs are similar to those of the structurally related polychlorinated biphenyls (PCBs) and dibenzodioxins.
Amendment 4
RECITAL 5 c (new)
(5c) It is generally admitted that the procedures for the evaluation and control of the risks of existing substances under Council Regulation (EEC) 793/93 are slow and cumbersome. The delay in the evaluation of risks of octaBDE and decaBDE is largely due to the individual method chosen to test and classify these chemical products. Furthermore, thousands of potentially dangerous substances have still not been evaluated. The Commission and the Member States should undertake to establish a method for the evaluation of risks by family of chemical products, so as to speed up the process of classification and quickly detect substances which are harmful to human health and the environment.
Amendment 5
ANNEX
Annex I, point [XX[, point 3 (Directive 76/769/EEC )
   3. By way of derogation these provisions do not apply to technical grade octabromodiphenyl ether provided it contains less than 5% diphenylether, pentabromo derivative by mass.
Deleted
Amendment 6
ANNEX
Annex I, point [XX[ a (new) (Directive 76/769/EEC )
“[XX[a diphenylether, octabromo derivative C12H2Br80
   1. May not be placed on the market or used as a substance or as a constituent of preparations in concentrations higher than 0.1 % by mass.
   2. Articles may not be placed on the market if they, or flameretarded parts thereof, contain this substance in concentrations higher than 0.1 % by mass.
Amendment 16
ANNEX
Annex I, point [XX[ b (new) (Directive 76/769/EEC )
[XX b[diphenylether, decabromo derivative
C12H2Br10O
   1. May not be placed on the market or used as a substance or as a constituent of preparations in concentrations higher than 0.1 % by mass.
   2. Articles may not be placed on the market if they, or flameretarded parts thereof, contain this substance in concentrations higher than 0.1 % by mass.
   3. These provisions shall apply at the latest from 1 January 2006 onwards, unless the risk assessment according to Regulation (EEC) 793/93 concludes that decaBDE gives no cause for concern.

(1) OJ C 154 E, 29.5.2001, p.112.


European Parliament legislative resolution on the proposal for a European Parliament and Council directive amending for the 24th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (pentabromodiphenyl ether) (COM(2001) 12 - C5-0018/2001 - 2001/0018(COD) )

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(2001) 12 (1) ),

-  having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0018/2001 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5-0271/2001 ),

1.  Approves the Commission proposal as amended;

2.  Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

(1) OJ C 154 E, 29.5.2001, p. 112.

Last updated: 15 May 2004Legal notice