Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ENVI | SCHLYTER Carl (Verts/ALE) | |
Opinion | IMCO |
Legal Basis EC Treaty (after Amsterdam) EC 095
Activites
- 2009/06/03 Final act published in Official Journal
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2009/05/06
Final act signed
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2009/05/06
End of procedure in Parliament
- #2937
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2009/04/23
Council Meeting
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2009/04/23
Act adopted by Council after Parliament's 1st reading
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2009/01/14
Results of vote in Parliament
- Results of vote in Parliament
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T6-0017/2009
summary
The European Parliament adopted by 674 votes to 17 with 8 abstentions, a legislative resolution amending the proposal for a decision of the European Parliament and of the Council amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of certain dangerous substances and preparations (Dichloromethane). The report had been tabled for consideration in plenary by Carl SCHLYTER (Greens/ALE, SE) on behalf of the Committee on the Environment, Public Health and Food Safety.The amendments were the result of a compromise between Parliament and Council. They ensure that a derogation for licensed professionals will be limited and that the protection of workers during the industrial use of paint-strippers containing the chemical will be strengthened. The main amendments - adopted under 1st reading of the codecision procedure - were as follows:Prohibition on use: paint strippers containing Dichloromethane in a concentration equal to or greater than 0.1% by mass will not be: (a) placed on the market for the first time for supply to the general public or to professionals 18 months after the entry into force of the Decision; (b) placed on the market for supply to the general public or to professionals 30 months after the entry into force of the Decision; (c) used by professionals 36 months after the entry into force of the Decision.Derogation: by way of derogation Member States may allow on their territories and for certain activities the use by specifically trained professionals of paint strippers containing Dichloromethane and may allow the placing on the market of such paint strippers for supply to those professionals. A professional benefiting from this derogation shall operate only in Member States which have made use of that derogationMember States making use of this derogation must define appropriate provisions for the protection of the health and safety of those professionals using paint strippers containing Dichloromethane and inform the Commission thereof. Those provisions must include a requirement that a professional shall hold a certificate that is accepted by the Member State in which he operates, or provide other documentary evidence to that effect, or be otherwise approved by that Member State, so as to demonstrate that he is properly trained and competent to safely use paint strippers containing Dichloromethane. The Commission will prepare a list of the Member States that have made use of this derogation and make it publicly available over the Internet. Industrial installations: paint strippers containing Dichloromethane in concentrations equal to or greater than 0.1% by mass may be used in industrial installations only if as a minimum certain prescribed conditions are met. These conditions include effective ventilation in all processing areas; specified measures to minimise evaporation from strip tanks; specified measures for the safe handling of Dichloromethane in strip tanks; the availability of specific personal protective equipment; and adequate information, instruction and training in the use of such equipment is provided to operators.Training: the compromise text lays down the minimum training requirements, which include awareness, evaluation and management of risks to health, including information on existing substitutes or processes, which under their conditions of use are less hazardous to workers' health and safety. Employers and self-employed workers shall by preference replace Dichloromethane with a chemical agent or process which, under its conditions of use, presents no risk, or a lower risk, to workers" health and safety. The professional shall apply all relevant safety measures in practice including the use of personal protective equipment.
- 2009/01/13 Debate in Parliament
- 2008/09/12 Committee report tabled for plenary, 1st reading/single reading
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2008/09/09
Vote in committee, 1st reading/single reading
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2008/03/11
Committee referral announced in Parliament, 1st reading/single reading
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2008/02/14
Legislative proposal published
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COM(2008)0080
summary
PURPOSE: to restrict the sale and use of paint strippers containing Dichloromethane.PROPOSED ACT: Decision of the European Parliament and of the Council.BACKGROUND: Dichloromethane (DCM), CAS number 75-09-2 and EINECS number 200-838-9, is a colourless, halogenated aliphatic hydrocarbon compound with a penetrating ether-like or mild sweet odour. It is mainly used in the production of pharmaceuticals, solvent and auxiliary applications, paint strippers manufacture and adhesives.The risks posed to human health by Dichloromethane (DCM) in paint strippers have been assessed in several studieswhich concluded that risk reduction measures are required throughout the EU to reduce the risks posed to human health during the application of DCM at industrial, professional and consumer level. The results of those studies were evaluated by the Commission’s Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE - later named SCHER), which confirmed that the exposure to DCM released from paint strippers is of concern for human health.During the last four years discussions have taken place between the Commission, Member States and other stakeholders. Despite strongly divergent opinions on the risks associated with DCM and on the safety of alternatives, an agreement has been reached on the need for marketing and use restrictions at Community level under Council Directive 76/769/EEC to limit the risks from DCM.CONTENT: the main aspects of the proposal are:- due to the fact that there is a need for limiting the risks during industrial, professional and consumer uses of DCM-based paint strippers, certain restrictions on placing on the market and use should be applied. The present Decision would amend Annex I to Directive 76/769/EEC by adding Dichloromethane, which will ensure harmonised rules applied at Community wide level.- for the activities conducted in industrial installations some mandatory requirements should be applied, in order to increase the protection of workers, such as: the use of appropriate protective gloves, the installation of local ventilation or independent air supply respiratory protective equipment, and modification of the strip tanks, to ensure reduction of exposure of workers.- professional uses should be banned in general, but Member States could opt to allow further use on their territories by specifically licensed professionals for those activities where they believe that the replacement of DCM is particularly difficult or inappropriate. Licenses should be subject to specific training requirements. - lastly, a total ban of the placing on the market of paint strippers containing DCM for consumer uses should be applied as this is the only effective measure to eliminate the risks.
- DG {'url': 'http://ec.europa.eu/enterprise/', 'title': 'Enterprise and Industry'}, VERHEUGEN Günter
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COM(2008)0080
summary
Documents
- Legislative proposal published: COM(2008)0080
- Committee report tabled for plenary, 1st reading/single reading: A6-0341/2008
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T6-0017/2009
- : Decision 2009/455
- : OJ L 137 03.06.2009, p. 0003
Amendments | Dossier |
22 |
2008/0033(COD)
2008/07/17
ENVI
22 amendments...
Amendment 14 #
Proposal for a decision – amending act Recital 1 a (new) (1a) Alternatives to DCM are available; however, any chemical product intended to dissolve a paint film is likely to have an effect on human health. DCM has been well studied and the health effects are well known, but the alternatives have not been studied to the same extent. In many cases, the human health and environmental hazard and risk profiles have still to be fully evaluated.
Amendment 15 #
Proposal for a decision – amending act Recital 1 b (new) (1b) To ensure that the current level of protection is not reduced and to prevent increased exposure to risks to human health and safety that are presently unknown or not quantified, all alternative paint stripper ingredients should be assessed with the same rigour as DCM. Decisions on the marketing of paint strippers should be postponed until both DCM-based paint strippers and the alternatives have been thoroughly evaluated under REACH6.
Amendment 16 #
Proposal for a decision – amending act Recital 3 (3) DCM-based paint strippers are used by consumers at home to remove paints, varnishes and lacquers both indoors and outdoors. The safe use of DCM by consumers cannot be ensured by training or monitoring. Therefore,
Amendment 17 #
Proposal for a decision – amending act Recital 3 (3) DCM-based paint strippers are used by consumers at home to remove paints, varnishes and lacquers both indoors and outdoors. The safe use of DCM by consumers cannot be ensured by training or monitoring. Therefore, the only effective and proportionate measure to eliminate the risks for consumers is a ban on the marketing, supplying and use of DCM- based paint strippers.
Amendment 18 #
Proposal for a decision – amending act Recital 4 Amendment 19 #
Proposal for a decision – amending act Recital 5 Amendment 20 #
Proposal for a decision – amending act Recital 6 (6) The fatalities registered in Europe over the last 18 years for industrial and professional uses are mainly attributed to inadequate ventilation, the inappropriate personal protective equipment, the use of inadequate tanks, inadequate product formulations lacking sufficient vapour retardants and the long-term exposure to DCM. Therefore restrictions should be imposed to control and reduce the risks involved in professional and industrial uses.
Amendment 21 #
Proposal for a decision – amending act Recital 7 (7) Professionals are generally covered by the provisions of the legislation for workers protection.
Amendment 22 #
Proposal for a decision – amending act Recital 7 (7) Professionals are generally covered by the provisions of the legislation for workers protection. However, many professional activities are often conducted in customers' premises which often do not have all the appropriate measures to manage, control and reduce the risks to health. Moreover, self-employed workers
Amendment 23 #
Proposal for a decision – amending act Recital 8 (8) The placing on the market and use of
Amendment 24 #
Proposal for a decision – amending act Recital 8 (8) The placing on the market and use of DCM-paint strippers by professionals should therefore be banned in order to protect their health and to reduce the number of fatalities and non-fatal accidents. Nevertheless, when the replacement of DCM is deemed to be particularly difficult or inappropriate, Member States should be able to allow further use of DCM by specially licensed professionals. Member States would be responsible for granting and monitoring such licences, which should be based on specific justifications and compulsory training with specific requirements.
Amendment 25 #
Proposal for a decision – amending act Recital 9 (9) The number of fatalities and non-fatal accidents registered during industrial activities is an indication of inadequate enforcement of the workplace legislation. The exposure to DCM remains high and further risk reduction measures should apply to workers in industrial installations. Preventive measures such as good ventilation of the workplace that meets occupational exposure limits or respiratory protective equipment with an independent air supply, separate ventilated areas for the drying of stripped articles, appropriate personal protective equipment and additional modification of tanks should be adopted.
Amendment 26 #
Proposal for a decision – amending act Recital 9 a (new) (9a) In November 2007, the Scientific Committee on Occupational Exposure Limits recommended limit values for an eight hours Time Weighted Average and for a 15 minute Short Term Exposure Level. It is appropriate to establish these levels as maximum limits that are to be achieved by effective exhaust ventilation for industrial use, without prejudice to any lower levels set pursuant to national legislation.
Amendment 27 #
Proposal for a decision – amending act Annex Directive 76/769/EEC Annex I – point (xx) – column 2 – point 2 (2) By way of derogation
Amendment 28 #
Proposal for a decision – amending act Annex Directive 76/769/EEC Annex I – point (xx) – column 2 – point 2 (2) By way of derogation
Amendment 29 #
Proposal for a decision – amending act Annex Directive 76/769/EEC Annex I – point (xx) – column 2 – point 3 (3)
Amendment 30 #
Proposal for a decision – amending act Annex Directive 76/769/EEC Annex I – point (xx) – column 2 – point 3 - introductory part (3) The licence referred to in paragraph (2)
Amendment 31 #
Proposal for a decision – amending act Annex Directive 76/769/EEC Annex I – point (xx) – column 2 – point 3 − subparagraph 1 a (new) The licence shall be renewed every five years
Amendment 32 #
Proposal for a decision – amending act Annex Directive 76/769/EEC Annex I – point (xx) – column 2 – point 4 (4) Paint strippers containing dichloromethane in concentrations equal to or greater than 0.1% by mass may be used in industrial installations only if the
Amendment 33 #
Proposal for a decision – amending act Annex Directive 76/769/EEC Annex I – point (xx) – column 2 – point 4 − point a (a) operation of effective exhaust ventilation
Amendment 34 #
Proposal for a decision – amending act Annex Directive 76/769/EEC Annex I – point (xx) – column 2 – point 5 (5) Without prejudice to other Community legislation concerning the classification, packaging and labelling of dangerous substances and preparations, paint strippers containing more than 0.1% by mass of dichloromethane and packaged in containers greater than 1 litre shall be legibly and indelibly marked by [24 months after the entry into force of the Decision] as follows: “Reserved for industrial and professional uses”.”
Amendment 35 #
Proposal for a decision – amending act Annex Directive 76/769/EEC Annex I – point (xx) – column 2 – point 5 (5) Without prejudice to other Community legislation concerning the classification, packaging and labelling of dangerous substances and preparations, paint strippers containing more than 0.1% by mass of dichloromethane shall be legibly and indelibly marked by [24 months after the entry into force of the Decision] as follows: “Dangerous! Reserved for industrial and professional uses only”.”
source: PE-409.588
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