OPINION OF THE COMMISSION on the amendments proposed by the European Parliament to the Council' s common position on the proposal for a COUNCIL DIRECTIVE on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCBs/PCTs)
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 24. 06. 1996 COM(96) 301 final - SYN 161 OPINION OF THE COMMISSION on the amendments proposed by the European Parliament to the Council's common position on the proposal for a COUNCIL DIRECTIVE on the disposal of poJychlorinated biphenyls and polychlorinated terphenyls (PCBs/PCTs) (presented by the Commission pursuant to Article 189 c (d) of the EC Treaty) 1. 2. 3. 4. 5. 6. 7. On the 12 December 1988 the Commission presented to the Council a proposal for a Directive, based on Article 100 a of the EC Treaty, on the disposal of PCBs and POTs1 The Economic and Social Committee delivered its opinion on 28 February 19892. The European parliament delivered its opinion at first reading on 17 May 19903 and 12 December 19904. The Commission submitted to the Council an amended proposal based on Articles 100a and 113 of the Treaty5 on 22 October 1991. The Council reached agreement in principle with a view to adopting a common position based on the Article 130 s of the Treaty on 16 December 1994. It accordingly consulted the European Parliament on that point. The European Parliament agreed to that change in the legal basis in its resolution of 20 September 1995. On 27 November 1995 the Council adopted a common position in accordance with Article 189 c of the Treaty. At its sitting of 22 May 1996 the European Parliament adopted its decision at second reading on the common position with 3 amendments. The Commission did not accept any of the amendments suggested by the European Parliament. The Commission' s position on each of the amendments adopted by the European Parliament at its second reading is as follows : Amendment 5 -This amendment to the third recital asks for funding research into other methods of disposal of PCBs-PCTs and in particular in those involving bacterial biodégradation and pretreatment using chlorine extraction. research goes beyond PCBs-PCTs. Such It concerns organochlorine compounds in general. However, the Commission will endeavour to include this research in the fifth research programme. 1 COM(88) 559 final-SYN 161 of 18 October 1988 OJ No C 319, 12. 12. 1988 2 OJ No C 139, 5. 6. 1989, p. l 3 OJ No C 149, 18. 6. 1990, p. 150 4 OJ No C 19, 28. 1. 1991, p. 83 5 COM(91) 373 final-SYN 161, 22 October 1991, OJ No C 299, 20. 11. 1991, p. 9 Amendment 2 K n f c f 'i lo H it ? Hlh lociliil iincl N?(|un?. lr. lui induction of lh<- m a x i m um hunt lei PCBs-PCTs content in mixtures to be used as combustibles, including waste oils, from 50 to 20 ppm. In the Commissions view this reduction should be achieved through an amendment of Directive 75/439 on the disposal of waste oils. The Commission undertook, by way of a declaration to the Council minutes, to propose a modification to Directive 75/439 with a view to reduce the maximum limit of 50 ppm to 20 ppm PCB/PCT content in mixtures to be used as combustibles including waste oils. Amendment 3 -It refers to Article 3 and asks Member States to monitor compliance with the present Directive and to provide for effective penal sanctions. The monitoring of compliance and providing of penal sanctions is the task of each Member State. 3 ISSN 0254-1475 COM(yô) 301 iinaJ DOCUMENTS EN 14 Catalogue number : CB-CO-96-309-EN-C ISBN 92-78-05776-2 Office for Official Publications of the European Communities L-2985 Luxembourg