L 372/32 Official Journal of the European Union 27.12.2006 DIRECTIVE 2006/122/ECOF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2006 amending for the 30th time Council 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 (perfluorooctane sulfonates) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Economic and Social Committee (1), Acting in accordance with the procedure laid down in Article 251 of the Treaty (%), Whereas: 1 An OECD (Organisation for Economic Cooperation and Development) hazard assessment has been done on the basis of information that was available by July 2002. This assessment concluded that perfluorooctane sulfonates (hereinafter ‘PFOS’) are persistent, bioaccumulative and toxic to mammalian species and, therefore, indicate cause for concern. The risks posed to health and environment by PFOS have been assessed in accordance with the principles of Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing sub- stances (*). The risk assessment identified a need to reduce the risks to health and the environment. The Scientific Committee on Health and Environmental Risks (hereinafter ‘SCHER’) has been consulted. SCHER concluded that PFOS fulfil the criteria for classification as very persistent, very bioaccumulative and toxic. PFOS also have a potential for long range environmental transport and have the potential to produce adverse effects and therefore fulfil the criteria for being considered as persistent organic pollutants (POPs) under the Stockholm Conven- tion (*). SCHER identified a need for further scientific risk assessment of PFOS but it also agreed that risk reduction measures might be necessary to avoid the re-occurrence of former uses. According to SCHER, on-going critical uses in the aviation industry, the semiconductor industry and the photographic industry do not appear to pose a relevant risk O] C 195, 18.8.2006, p. 10. Opinion of the European Parliament of 25 October 2006 (not yet published in the Official Journal) and Council Decision of 11 December 2006. OJ L 84, 5.4.1993, p. 1. Regulation as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (O] L 284, 31.10.2003, p. 1). Council Decision 2006/507/EC of 14 October 2004 concerning the conclusion, on behalf of the European Community, of the Stock- holm Convention on Persistent Organic Pollutants (O] L 209, 31.7.2006, p. 1). C) to the environment or human health, if releases into the environment and workplace exposure are minimised. With regard to fire-fighting foams, SCHER agrees that health and environmental risks of substitutes should be assessed before a final decision can be taken. SCHER also agrees with restricting the use of PFOS in the plating industry, if there are no other measures available that could be applied to reduce the emissions during metal plating to a significantly lower level. In order to protect health and the environment, it therefore appears necessary that the placing on the market and the use of PFOS should be restricted. This Directive is intended to cover the major part of the exposure risks. Other minor uses of PFOS do not seem to pose a risk and they are therefore currently exempted. However, special attention should be given to plating processes using PFOS and therefore the releases from those processes need to be minimised by applying the best available techniques (hereinafter ‘BAT’) fully taking into account all relevant information contained in the BAT reference document on Surface Treatment of Metals and Plastics as developed for use under Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (°) (IPPC Directive). In addition, Member States should establish inventories of those uses in order to acquire information about the actual quantities used and released. The semi-finished products and articles containing PFOS should also be restricted in order to protect the environ- ment. The restriction should cover all the products and articles to which PFOS are intentionally added, taking into account that PFOS may have been used only in some distinct parts or in coatings of certain products and articles, such as textiles. This Directive should only restrict new products and should not apply to products already in use or on the second hand market. However, existing stocks of fire-fighting foams containing PFOS should be identified and their use should be allowed to continue only for a limited time to prevent possible further emissions from the use of such products. O] L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 166/2006 of the European Parliament and of the Council (O] L 33, 4.2.2006, p. 1).