24. 9. 96 Official Journal of the European Communities No L 243/31 COUNCIL DIRECTIVE 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 130s (1) thereof, Having regard to the Commission proposal (}), Having regard to the opinion of the Economic and Social Committee (%), Acting in accordance with the procedure laid down in Article 189c of the Treaty (%), (1) Whereas Council Directive 76/403/EEC of 6 April 1976 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls () brought about an approximation of the laws of the Member States in this field; whereas those rules have not proved suffi- cient; whereas the state of the art has evolved to a point where disposal conditions for PCBs can be improved; whereas that Directive should therefore be replaced by a new Directive; (2) Whereas Council Directive 76/769/EEC of 27 July 1976 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 (%) underlines, the need for a periodic review of the whole problem with a view to moving gradually towards a complete ban on PCBs and PCTs; (3) Whereas the safe disposal of non-recyclable and non-reusable waste is one of the objectives of the Council Resolution of 7 May 1990 on waste policy (), as confirmed by the Fifth Action Programme on the Environment and Sustainable Development, the approach and general strategy of which were approved by the Council and the Repre- sentatives of the Governments of the Member States, () OJ No C 319, 12. 12, 1988, p. 57. OJ No C 299, 20. 11. 1991, p. 9. () OJ No C 139, 5. 6. 1989, p. 1. (*) Opinions of the European Parliament of 17 May 1990 (O] No C 149, 18. 6. 1990, p. 150) and 12 December 1990 (O] No C 19, 28. 1. 1991, p. 83). Common position of the Council of 27 November 1995 (O] No C 87, 25. 3. 1996, p. 1) and Decision of the European Parliament of 22 May 1996 (O] No C 166, 10. 6. 1996, p. 76). () OJ No L 108, 26. 4. 1976, p. 41. () OJ No L 262, 27. 9. 1976, p. 201. Directive as last amended by Directive 94/60/EC (O No L 365, 31. 12. 1994, p. 1). (¥ OJ No C 122, 18. 5. 1990, p. 2. meeting within the Council, in their Resolution of 1 February 1993 (); (4) Whereas in accordance with Council Directive 75/442/EEC of 15 July 1975 on waste (¥), appropriate measures must be taken to avoid the abandonment, dumping or uncontrolled disposal of waste, and the use of processes or methods which could harm the environment; (5) Whereas in order to dispose of PCBs, because of the risks they present for the environment and for human health, general obligations concerning the controlled disposal of PCBs and the decontamination or disposal of equipment are necessary; (6) Whereas such measures should be taken as soon as © possible without prejudice to the Member States’ international  obligations, in  particular those contained in PARCOM Decision 92/3 (°); whereas PCBs which are the subject of an inventory must be disposed of by the end of 2010 at the latest; (7) Whereas the disposal of PCBs represents a transi- tional and temporary problem and some Member States which have no PCB disposal capacity face a force majeure situation; whereas the proximity prin- ciple should be interpreted in a flexible manner so as to permit European solidarity in this area; whereas, in addition, installations should be set up in the Community for the disposal, decontamination and storage of PCBs; (8) Whereas Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils (') lays down 50 ppm as the maximum limit for the PCB or PCT content of regenerated oils or oils used as fuel; (9) Whereas Council Directive 91/339/EEC of 18 June 1991, amending Directive 76/769/EEC for the eleventh time ('), prohibits or restricts the marketing of certain PCB substitutes, and whereas they too should therefore be disposed of completely; () OJ No C 138, 17. 5. 1993, p. 1. (®) OJ No L 194, 25. 7. 1975, p. 39. Directive as last amended by Commission Decision 94/3/EC (O] No L 5, 7. 1. 1994, p. 15). () Ministerial Meeting of the Oslo and Paris Commissions of 21-22 September 1992. (") OJ No L 194, 25. 7. 1975, p. 23. Directive as last amended by Directive 91/692/EEC (O] No L 377, 31. 12. 1991, p. 48). () O No L 186, 12. 7. 1991, p. 64.