BETA


Events

2006/12/27
   Final act published in Official Journal
Details

PURPOSE: to place restrictions on the marketing and use of perfluorooctane sulfonates and to amend Council Directive 76/769/EEC accordingly.

LEGISLATIVE ACT: Directive 2006/122/EC of the European Parliament and of the Council amending for the 30 th 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).

BACKGROUND: an OECD assessment of perfluorooctane sulfonates (PFOs) concluded that they are persistent, bio accumulative and toxic to mammalian species. The EU’s Scientific Committee on Health and Environmental Risks (SCHER) formed similar conclusions to that of the OECD and noted that PFOs could be considered persistent organic pollutants (POPs). As a result the SCHER noted that:

- measures might be needed to avoid the re-occurrence of former PFO uses;

- on-going critical uses in the aviation industry, the semiconductor industry and the photographic industry did not appear to pose a relevant risk – on condition that exposures be minimised;

- that alternatives to PFOs in fire-fighting foam should be assessed, from an environmental point of view, before a final decision can be taken;

- the use of PFOs in the plating industry should be restricted.

CONTENT: based on the above analysis this Directive restricts the placing on the market, and the use of, PFOs in the EU. It covers all major “exposure” risks. Thus, PFOs may not be placed on the market or used as a substance or constituent of preparations in concentrations equal to or higher than 0,005% of the mass. The use of PFOs that are deemed to carry a “minor” risk are, currently, exempted from the Directive (for example, photographic coatings applied to films, papers or printing plates). The derogations are, however, subject to regular reviews.

In other areas the Directive:

- gives special attention to the plating processes that rely on PFOs and the releases from those process through the application of best available techniques (BATs);

- restricts the use of semi-finished products and articles containing PFOs in order to protect the environment. The restrictions will cover all products and articles to which PFOs are intentionally added;

- will apply only to new products and not to products already in use or on the second hand market. However, existing stocks of fire-fighting foams containing PFOs will need to be identified and their use only allowed for a limited period;

- requires the Commission to review each derogation once new information on safer alternatives becomes available;

- requires that perflorooctanic acid (PFOA), which has similar qualities to PFOs, to be kept under review.

ENTRY INTO FORCE: 27 December 2006.

TRANSPOSITION: 27 December 2007.

APPLICATION: 27 June 2008.

2006/12/12
   CSL - Draft final act
Documents
2006/12/12
   CSL - Final act signed
2006/12/12
   EP - End of procedure in Parliament
2006/12/11
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2006/12/11
   CSL - Council Meeting
2006/11/23
   EC - Commission response to text adopted in plenary
Documents
2006/10/25
   EP - Results of vote in Parliament
2006/10/25
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted the resolution drafted by Carl SCHLYTER (Greens/EFA, SE) and confirmed a first-reading agreement between Parliament and Council. The resolution was adopted by 632 votes to 10 with 20 abstentions.

Under the agreement, the directive will ban the placing of PFOS on the market and their use as a substance or constituent of preparations in a concentration equal to or higher than 0.005% by mass. It will also outlaw the sale of PFOS or their use in semi-finished products or articles, or parts thereof, if the concentration of PFOS is equal to or higher than 0.1% by mass or, for textiles or other coated materials, if the amount of PFOS is equal to or higher than 1 µg/m2 of the coated material. Under the directive, substances and preparations needed to produce photoresists or anti-reflective coatings for photolithography processes, photographic coatings applied to films, papers, or printing plates may contain PFOS in larger quantities. The same applies to suppressants for non-decorative hard chromium (VI) plating and wetting agents for use in controlled electroplating systems as well as hydraulic fluids for aviation.

Regarding fire-fighting foams, the initially proposed derogation was dropped. All new foams must be free of PFOS. Foams that have been placed on the market before the directive enters into force can be used until 54 months after its entry into force. Two years after entry into force, Member States must compile and send to the Commission an inventory listing the processes for chromium plating subject to derogation, the amounts of PFOS used in and released into the environment, and existing stocks of fire-fighting foams.

When reviewing derogations in the light of new information, the Commission must ensure that: the uses of PFOS are phased out as soon as the use of safer alternatives is technically and economically feasible; a derogation is only continued for essential uses for which safer alternatives do not exist and where it has been reported what has been undertaken to find safer alternatives; releases of PFOS into the environment have been minimised, by applying best available techniques.

Lastly, the Commission will keep under review the ongoing risk assessment activities and the availability of safer alternative substances or technologies related to the uses of perfluorooctanoic acid (PFOA) and related substances and propose any measures needed to reduce identified risks, including restrictions of marketing and use, in particular when safer alternative substances or technologies which are technically and economically feasible are available.

Member States will have 18 months to enact the directive in national law, i.e. up to mid-2008.

Documents
2006/10/24
   EP - Debate in Parliament
2006/07/19
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2006/07/19
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2006/07/13
   EP - Vote in committee, 1st reading/single reading
Details

The committee adopted the report by Carl SCHLYTER (Greens/EFA, SE) amending - under the 1st reading of the codecision procedure - the proposed directive on restrictions on the marketing and use of perfluorooctane sulfonates (PFOS):

- the title was amended so that the directive would also apply to perfluorooctanoic acid (PFOA), which has a similar structure and toxicity to PFOS,

- PFOS should not be placed on the market or used as a substance or constituent of preparations in a concentration equal to or higher than 0.005% by mass (as opposed to 0.1% by mass proposed by the Commission). Nor should it be placed on the market in articles or parts thereof in a concentration equal to or higher than 0.005% by mass in a homogenous material that cannot be mechanically disjointed into different materials. These two conditions would apply to PFOA three years after the directive's entry into force;

- the proposed derogations for certain products using PFOS should be time-limited: 8 years for photoresists or anti-reflective coatings for photolithography processes; 6 years for industrial photographic coatings applied to films, papers or printing; and 10 years for hydraulic fluids for aviation. These time-limited derogations may be extended on a case-by-case basis if no safer alternatives have become available;

- the proposed derogations for mist suppressants for chromium plating and for fire-fighting foams were deleted, but the committee proposed that fire-fighting foams may be used up to 18 months after the directive's entry into force;

- the committee proposed a tighter definition of controlled closed systems ("where the concentration of PFOS released into the environment and the workplace is less than 1μg per kg of the PFOS used in the system processes") and imposed a time-limit of six years;

- Member States should establish inventories of uses of PFOS and PFOA on their own, in preparations or in articles, and take steps to prevent discharges, emissions and loss of PFOS and PFOA from the inventoried products.

2006/07/05
   EP - Amendments tabled in committee
Documents
2006/06/07
   EP - Amendments tabled in committee
Documents
2006/05/17
   ESC - Economic and Social Committee: opinion, report
Documents
2006/05/02
   EP - Committee draft report
Documents
2006/02/21
   EP - SCHLYTER Carl (Verts/ALE) appointed as rapporteur in ENVI
2005/12/13
   EP - Committee referral announced in Parliament, 1st reading/single reading
2005/12/05
   EC - Legislative proposal published
Details

PURPOSE : to place restrictions on the marketing and use of perfluorooctane sulfonates and amend Council Directive 76/769/EEC.

PROPOSED ACT : Directive of the European Parliament and of the Council.

CONTENT : Perfluorooctane sulfonates (PFOS) are anions that are commercially available in the form of salts, derivatives and polymers. The major uses for PFOS-related substances were in providing grease, oil and water resistance to materials such as textiles, carpets, paper and in general coating. The substances used in these areas were largely PFOS-polymers for fabrics and PFOS-substances for paper treatment and coatings. Other smaller volume uses are in chromium plating, photography, photolithography, fire fighting foams and in hydraulic fluids for aviation.

Recent studies have shown PFOs to be persistent in the environment, bio accumulative and toxic to mammalian species.

The risk assessment identified a need for reducing the risks to health and the environment from PFOS. The risk reduction strategy recommended marketing and use restrictions for certain uses. The proposed Directive would cover the great part of the exposure risks by preventing the use of PFOS in carpets, textiles, upholstery, leather, apparel, paper, packaging and other applications. These uses seem already to be phased out and the proposal would prevent their reintroduction. There are some further smaller and specific uses in chromium plating, photography, photolithography, fire fighting foams and in hydraulic fluids for aviation. The volumes used in these limited areas, and the emissions into the environment, would need to be further assessed, but they are currently expected to be very small. The advantages and disadvantages of regulating these uses would have to be subject to impact assessment.

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 should therefore be amended accordingly.

The objective of the Directive would be to introduce harmonised provisions with regard to PFOS, thus preserving the internal market whilst ensuring a high level of protection of human health and the environment, as required by Article 95 of the Treaty.

Documents

Votes

Rapport Schlyter A6-0251/2006 - résolution

2006/10/25 Outcome: +: 632, 0: 20, -: 10
DE FR IT PL GB ES NL HU PT CZ EL BE AT FI SE LT IE SK LV DK SI CY EE LU MT
Total
94
71
59
53
72
50
24
23
23
23
22
22
16
14
13
12
12
14
8
7
7
6
6
6
5
icon: PPE-DE PPE-DE
245
2

Latvia PPE-DE

2

Denmark PPE-DE

For (1)

1

Estonia PPE-DE

For (1)

1

Luxembourg PPE-DE

3

Malta PPE-DE

2
icon: PSE PSE
180

Czechia PSE

2

Lithuania PSE

2

Ireland PSE

1

Denmark PSE

1

Slovenia PSE

For (1)

1

Estonia PSE

3

Luxembourg PSE

For (1)

1
icon: ALDE ALDE
81
2

Austria ALDE

1

Sweden ALDE

For (1)

1

Ireland ALDE

For (1)

1

Latvia ALDE

1

Denmark ALDE

3

Slovenia ALDE

2

Cyprus ALDE

For (1)

1

Estonia ALDE

2

Luxembourg ALDE

For (1)

1
icon: GUE/NGL GUE/NGL
37

France GUE/NGL

2

United Kingdom GUE/NGL

1

Spain GUE/NGL

For (1)

1

Netherlands GUE/NGL

2

Portugal GUE/NGL

3

Finland GUE/NGL

For (1)

1

Sweden GUE/NGL

2

Cyprus GUE/NGL

2
icon: Verts/ALE Verts/ALE
38

Italy Verts/ALE

2

United Kingdom Verts/ALE

5

Netherlands Verts/ALE

Abstain (1)

3

Belgium Verts/ALE

2

Austria Verts/ALE

1

Finland Verts/ALE

For (1)

1

Sweden Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Denmark Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1
icon: UEN UEN
25

Lithuania UEN

2
icon: NI NI
30

United Kingdom NI

Abstain (1)

3

Czechia NI

1

Belgium NI

3

Austria NI

Abstain (1)

2

Slovakia NI

3
icon: IND/DEM IND/DEM
26

Netherlands IND/DEM

2

Czechia IND/DEM

1

Greece IND/DEM

1

Sweden IND/DEM

For (1)

1

Ireland IND/DEM

For (1)

1

Denmark IND/DEM

1

History

(these mark the time of scraping, not the official date of the change)

committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Environment, Public Health and Food Safety
committee
ENVI
rapporteur
name: SCHLYTER Carl date: 2006-02-21T00:00:00 group: Greens/European Free Alliance abbr: Verts/ALE
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Environment, Public Health and Food Safety
committee
ENVI
date
2006-02-21T00:00:00
rapporteur
name: SCHLYTER Carl group: Greens/European Free Alliance abbr: Verts/ALE
docs/4/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-251&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-6-2006-0251_EN.html
docs/5/body
EC
events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-251&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-6-2006-0251_EN.html
events/6/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-444
New
http://www.europarl.europa.eu/doceo/document/TA-6-2006-0444_EN.html
activities
  • date: 2005-12-05T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2005/0618/COM_COM(2005)0618_EN.pdf title: COM(2005)0618 type: Legislative proposal published celexid: CELEX:52005PC0618:EN body: EC commission: DG: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry Commissioner: VERHEUGEN Günter type: Legislative proposal published
  • date: 2005-12-13T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: ENVI date: 2006-02-21T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: Verts/ALE name: SCHLYTER Carl body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
  • date: 2006-07-13T00:00:00 body: EP committees: body: EP responsible: True committee: ENVI date: 2006-02-21T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: Verts/ALE name: SCHLYTER Carl body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE type: Vote in committee, 1st reading/single reading
  • date: 2006-07-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-251&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0251/2006 body: EP committees: body: EP responsible: True committee: ENVI date: 2006-02-21T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: Verts/ALE name: SCHLYTER Carl body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2006-10-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20061024&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2006-10-25T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=12506&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-444 type: Decision by Parliament, 1st reading/single reading title: T6-0444/2006 body: EP type: Results of vote in Parliament
  • date: 2006-12-11T00:00:00 body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 2772
  • date: 2006-12-11T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2006-12-12T00:00:00 body: CSL type: Final act signed
  • date: 2006-12-12T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2006-12-27T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32006L0122 title: Directive 2006/122 url: http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2006:372:SOM:EN:HTML title: OJ L 372 27.12.2006, p. 0032-0034
commission
  • body: EC dg: Internal Market, Industry, Entrepreneurship and SMEs commissioner: VERHEUGEN Günter
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Environment, Public Health and Food Safety
committee
ENVI
date
2006-02-21T00:00:00
rapporteur
name: SCHLYTER Carl group: Greens/European Free Alliance abbr: Verts/ALE
committees/0
body
EP
responsible
True
committee
ENVI
date
2006-02-21T00:00:00
committee_full
Environment, Public Health and Food Safety
rapporteur
group: Verts/ALE name: SCHLYTER Carl
committees/1
type
Committee Opinion
body
EP
associated
False
committee_full
Industry, Research and Energy
committee
ITRE
opinion
False
committees/1
body
EP
responsible
False
committee_full
Industry, Research and Energy
committee
ITRE
council
  • body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 2772 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2772*&MEET_DATE=11/12/2006 date: 2006-12-11T00:00:00
docs
  • date: 2006-05-02T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE372.192 title: PE372.192 type: Committee draft report body: EP
  • date: 2006-05-17T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:0731)(documentyear:2006)(documentlanguage:EN) title: CES0731/2006 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2006-06-07T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE374.361 title: PE374.361 type: Amendments tabled in committee body: EP
  • date: 2006-07-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE376.358 title: PE376.358 type: Amendments tabled in committee body: EP
  • date: 2006-07-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-251&language=EN title: A6-0251/2006 type: Committee report tabled for plenary, 1st reading/single reading body: EP
  • date: 2006-11-23T00:00:00 docs: url: /oeil/spdoc.do?i=12506&j=0&l=en title: SP(2006)5316/2 type: Commission response to text adopted in plenary
  • date: 2006-12-12T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=3660%2F06&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 03660/1/2006 type: Draft final act body: CSL
events
  • date: 2005-12-05T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0618/COM_COM(2005)0618_EN.pdf title: COM(2005)0618 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=618 title: EUR-Lex summary: PURPOSE : to place restrictions on the marketing and use of perfluorooctane sulfonates and amend Council Directive 76/769/EEC. PROPOSED ACT : Directive of the European Parliament and of the Council. CONTENT : Perfluorooctane sulfonates (PFOS) are anions that are commercially available in the form of salts, derivatives and polymers. The major uses for PFOS-related substances were in providing grease, oil and water resistance to materials such as textiles, carpets, paper and in general coating. The substances used in these areas were largely PFOS-polymers for fabrics and PFOS-substances for paper treatment and coatings. Other smaller volume uses are in chromium plating, photography, photolithography, fire fighting foams and in hydraulic fluids for aviation. Recent studies have shown PFOs to be persistent in the environment, bio accumulative and toxic to mammalian species. The risk assessment identified a need for reducing the risks to health and the environment from PFOS. The risk reduction strategy recommended marketing and use restrictions for certain uses. The proposed Directive would cover the great part of the exposure risks by preventing the use of PFOS in carpets, textiles, upholstery, leather, apparel, paper, packaging and other applications. These uses seem already to be phased out and the proposal would prevent their reintroduction. There are some further smaller and specific uses in chromium plating, photography, photolithography, fire fighting foams and in hydraulic fluids for aviation. The volumes used in these limited areas, and the emissions into the environment, would need to be further assessed, but they are currently expected to be very small. The advantages and disadvantages of regulating these uses would have to be subject to impact assessment. 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 should therefore be amended accordingly. The objective of the Directive would be to introduce harmonised provisions with regard to PFOS, thus preserving the internal market whilst ensuring a high level of protection of human health and the environment, as required by Article 95 of the Treaty.
  • date: 2005-12-13T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2006-07-13T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The committee adopted the report by Carl SCHLYTER (Greens/EFA, SE) amending - under the 1st reading of the codecision procedure - the proposed directive on restrictions on the marketing and use of perfluorooctane sulfonates (PFOS): - the title was amended so that the directive would also apply to perfluorooctanoic acid (PFOA), which has a similar structure and toxicity to PFOS, - PFOS should not be placed on the market or used as a substance or constituent of preparations in a concentration equal to or higher than 0.005% by mass (as opposed to 0.1% by mass proposed by the Commission). Nor should it be placed on the market in articles or parts thereof in a concentration equal to or higher than 0.005% by mass in a homogenous material that cannot be mechanically disjointed into different materials. These two conditions would apply to PFOA three years after the directive's entry into force; - the proposed derogations for certain products using PFOS should be time-limited: 8 years for photoresists or anti-reflective coatings for photolithography processes; 6 years for industrial photographic coatings applied to films, papers or printing; and 10 years for hydraulic fluids for aviation. These time-limited derogations may be extended on a case-by-case basis if no safer alternatives have become available; - the proposed derogations for mist suppressants for chromium plating and for fire-fighting foams were deleted, but the committee proposed that fire-fighting foams may be used up to 18 months after the directive's entry into force; - the committee proposed a tighter definition of controlled closed systems ("where the concentration of PFOS released into the environment and the workplace is less than 1μg per kg of the PFOS used in the system processes") and imposed a time-limit of six years; - Member States should establish inventories of uses of PFOS and PFOA on their own, in preparations or in articles, and take steps to prevent discharges, emissions and loss of PFOS and PFOA from the inventoried products.
  • date: 2006-07-19T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-251&language=EN title: A6-0251/2006
  • date: 2006-10-24T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20061024&type=CRE title: Debate in Parliament
  • date: 2006-10-25T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=12506&l=en title: Results of vote in Parliament
  • date: 2006-10-25T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-444 title: T6-0444/2006 summary: The European Parliament adopted the resolution drafted by Carl SCHLYTER (Greens/EFA, SE) and confirmed a first-reading agreement between Parliament and Council. The resolution was adopted by 632 votes to 10 with 20 abstentions. Under the agreement, the directive will ban the placing of PFOS on the market and their use as a substance or constituent of preparations in a concentration equal to or higher than 0.005% by mass. It will also outlaw the sale of PFOS or their use in semi-finished products or articles, or parts thereof, if the concentration of PFOS is equal to or higher than 0.1% by mass or, for textiles or other coated materials, if the amount of PFOS is equal to or higher than 1 µg/m2 of the coated material. Under the directive, substances and preparations needed to produce photoresists or anti-reflective coatings for photolithography processes, photographic coatings applied to films, papers, or printing plates may contain PFOS in larger quantities. The same applies to suppressants for non-decorative hard chromium (VI) plating and wetting agents for use in controlled electroplating systems as well as hydraulic fluids for aviation. Regarding fire-fighting foams, the initially proposed derogation was dropped. All new foams must be free of PFOS. Foams that have been placed on the market before the directive enters into force can be used until 54 months after its entry into force. Two years after entry into force, Member States must compile and send to the Commission an inventory listing the processes for chromium plating subject to derogation, the amounts of PFOS used in and released into the environment, and existing stocks of fire-fighting foams. When reviewing derogations in the light of new information, the Commission must ensure that: the uses of PFOS are phased out as soon as the use of safer alternatives is technically and economically feasible; a derogation is only continued for essential uses for which safer alternatives do not exist and where it has been reported what has been undertaken to find safer alternatives; releases of PFOS into the environment have been minimised, by applying best available techniques. Lastly, the Commission will keep under review the ongoing risk assessment activities and the availability of safer alternative substances or technologies related to the uses of perfluorooctanoic acid (PFOA) and related substances and propose any measures needed to reduce identified risks, including restrictions of marketing and use, in particular when safer alternative substances or technologies which are technically and economically feasible are available. Member States will have 18 months to enact the directive in national law, i.e. up to mid-2008.
  • date: 2006-12-11T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2006-12-12T00:00:00 type: Final act signed body: CSL
  • date: 2006-12-12T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2006-12-27T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to place restrictions on the marketing and use of perfluorooctane sulfonates and to amend Council Directive 76/769/EEC accordingly. LEGISLATIVE ACT: Directive 2006/122/EC of the European Parliament and of the Council amending for the 30 th 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). BACKGROUND: an OECD assessment of perfluorooctane sulfonates (PFOs) concluded that they are persistent, bio accumulative and toxic to mammalian species. The EU’s Scientific Committee on Health and Environmental Risks (SCHER) formed similar conclusions to that of the OECD and noted that PFOs could be considered persistent organic pollutants (POPs). As a result the SCHER noted that: - measures might be needed to avoid the re-occurrence of former PFO uses; - on-going critical uses in the aviation industry, the semiconductor industry and the photographic industry did not appear to pose a relevant risk – on condition that exposures be minimised; - that alternatives to PFOs in fire-fighting foam should be assessed, from an environmental point of view, before a final decision can be taken; - the use of PFOs in the plating industry should be restricted. CONTENT: based on the above analysis this Directive restricts the placing on the market, and the use of, PFOs in the EU. It covers all major “exposure” risks. Thus, PFOs may not be placed on the market or used as a substance or constituent of preparations in concentrations equal to or higher than 0,005% of the mass. The use of PFOs that are deemed to carry a “minor” risk are, currently, exempted from the Directive (for example, photographic coatings applied to films, papers or printing plates). The derogations are, however, subject to regular reviews. In other areas the Directive: - gives special attention to the plating processes that rely on PFOs and the releases from those process through the application of best available techniques (BATs); - restricts the use of semi-finished products and articles containing PFOs in order to protect the environment. The restrictions will cover all products and articles to which PFOs are intentionally added; - will apply only to new products and not to products already in use or on the second hand market. However, existing stocks of fire-fighting foams containing PFOs will need to be identified and their use only allowed for a limited period; - requires the Commission to review each derogation once new information on safer alternatives becomes available; - requires that perflorooctanic acid (PFOA), which has similar qualities to PFOs, to be kept under review. ENTRY INTO FORCE: 27 December 2006. TRANSPOSITION: 27 December 2007. APPLICATION: 27 June 2008. docs: title: Directive 2006/122 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32006L0122 title: OJ L 372 27.12.2006, p. 0032-0034 url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2006:372:SOM:EN:HTML
other
  • body: EC dg: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry commissioner: VERHEUGEN Günter
procedure/dossier_of_the_committee
Old
ENVI/6/32396
New
  • ENVI/6/32396
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32006L0122
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32006L0122
procedure/instrument
Old
Directive
New
  • Directive
  • Amending Directive 76/769/EEC
procedure/subject
Old
  • 3.40.01 Chemical industry, fertilizers, plastics
  • 3.40.10 Textile and clothing industry, leathers
  • 3.40.11 Precision engineering, optics, photography, medical
  • 3.70.01 Protection of natural resources: fauna, flora, nature, wildlife, countryside; biodiversity
  • 3.70.13 Dangerous substances, toxic and radioactive wastes (storage, transport)
  • 4.20 Public health
  • 4.60.04.02 Consumer security
New
3.40.01
Chemical industry, fertilizers, plastics
3.40.10
Textile and clothing industry, leathers
3.40.11
Precision engineering, optics, photography, medical
3.70.01
Protection of natural resources: fauna, flora, nature, wildlife, countryside; biodiversity
3.70.13
Dangerous substances, toxic and radioactive wastes (storage, transport)
4.20
Public health
4.60.04.02
Consumer security
procedure/summary
  • Amending Directive 76/769/EEC
activities/0/docs/0/url
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0618/COM_COM(2005)0618_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2005/0618/COM_COM(2005)0618_EN.pdf
activities/10/docs/1/url
Old
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2006:372:TOC
New
http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2006:372:SOM:EN:HTML
links/European Commission/title
Old
PreLex
New
EUR-Lex
activities
  • date: 2005-12-05T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0618/COM_COM(2005)0618_EN.pdf celexid: CELEX:52005PC0618:EN type: Legislative proposal published title: COM(2005)0618 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry Commissioner: VERHEUGEN Günter
  • date: 2005-12-13T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: ENVI date: 2006-02-21T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: Verts/ALE name: SCHLYTER Carl body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
  • date: 2006-07-13T00:00:00 body: EP committees: body: EP responsible: True committee: ENVI date: 2006-02-21T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: Verts/ALE name: SCHLYTER Carl body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE type: Vote in committee, 1st reading/single reading
  • date: 2006-07-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-251&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0251/2006 body: EP committees: body: EP responsible: True committee: ENVI date: 2006-02-21T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: Verts/ALE name: SCHLYTER Carl body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2006-10-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20061024&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2006-10-25T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=12506&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-444 type: Decision by Parliament, 1st reading/single reading title: T6-0444/2006 body: EP type: Results of vote in Parliament
  • date: 2006-12-11T00:00:00 body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 2772
  • date: 2006-12-11T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2006-12-12T00:00:00 body: CSL type: Final act signed
  • date: 2006-12-12T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2006-12-27T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32006L0122 title: Directive 2006/122 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2006:372:TOC title: OJ L 372 27.12.2006, p. 0032-0034
committees
  • body: EP responsible: True committee: ENVI date: 2006-02-21T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: Verts/ALE name: SCHLYTER Carl
  • body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
links
European Commission
other
  • body: EC dg: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry commissioner: VERHEUGEN Günter
procedure
dossier_of_the_committee
ENVI/6/32396
reference
2005/0244(COD)
instrument
Directive
legal_basis
EC Treaty (after Amsterdam) EC 095
stage_reached
Procedure completed
summary
Amending Directive 76/769/EEC
subtype
Legislation
title
Restrictions on the marketing and use of perfluorooctane sulfonates
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
subject