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EUROPEAN PARLIAMENT
1999
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2004
Session document
FINAL
A5-0171/2002
16 May 2002
***III
REPORT
on the joint text approved by the Conciliation Committee for a European
Parliament and Council directive amending for the twentieth time Council
Directive 76/769/EEC relating to restrictions on the marketing and use of
certain dangerous substances and preparations (short-chain chlorinated
paraffins)
(PE-CONS 3617/2002 – C5-0138/2002 – 2000/0104(COD))
European Parliament delegation to the Conciliation Committee
Rapporteur: Giuseppe Nisticò
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Symbols for procedures
*
**I
**II
***
***I
***II
***III
Consultation procedure
majority of the votes cast
Cooperation procedure (first reading)
majority of the votes cast
Cooperation procedure (second reading)
majority of the votes cast, to approve the common position
majority of Parliament’s component Members, to reject or amend
the common position
Assent procedure
majority of Parliament’s component Members except in cases
covered by Articles 105, 107, 161 and 300 of the EC Treaty and
Article 7 of the EU Treaty
Codecision procedure (first reading)
majority of the votes cast
Codecision procedure (second reading)
majority of the votes cast, to approve the common position
majority of Parliament’s component Members, to reject or amend
the common position
Codecision procedure (third reading)
majority of the votes cast, to approve the joint text
(The type of procedure depends on the legal basis proposed by the
Commission)
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CONTENTS
Page
PROCEDURAL PAGE .............................................................................................................. 4
DRAFT LEGISLATIVE RESOLUTION .................................................................................. 5
EXPLANATORY STATEMENT.............................................................................................. 6
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PROCEDURAL PAGE
At the sitting of 1 February 2001 Parliament adopted its position at first reading on the
proposal for a European Parliament and Council directive amending for the twentieth time
Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain
dangerous substances and preparations (short-chain chlorinated paraffins) (COM(2000) 260 –
2000/0104 (COD)).
At the sitting of 5 September 2001 the President of Parliament announced that the common
position had been received and referred to the Committee on the Environment, Public Health
and Consumer Policy (9461/1/2001 – C5-0301/2001).
At the sitting of 29 November 2001 Parliament adopted amendments to the common position.
By letter of 12 February 2002 the Council stated that it was unable to approve all Parliament's
amendments.
The President of the Council, in agreement with the President of Parliament, convened a
meeting of the Conciliation Committee on 26 February 2002.
By letter of 28 March 2002 the President of the Council informed the President of the
European Parliament that it was necessary to extend the period for the work in committee, as
laid down in Article 251(7) of the EC Treaty.
In the light of trialogues and delegation meetings, agreement was reached and at its meeting
of 9 April 2002 the Parliament delegation approved the results of the conciliation
unanimously.The following took part in the vote: Ingo FriedrichVice-President and chairman
of the delegation; Renzo Imbeni, vice-chairman; James L.C. Provan, vice-chairman; Caroline
F. Jackson, chairman of the Committee on the Environment, Public Health and Consumer
Protection; Giuseppe Nisticò, rapporteur; David Robert Bowe, Anne Ferreira (for Guido
Sacconi), Marialiese Flemming, Françoise Grossetête, Anneli Hulthén, Torben Lund, Mihail
Papayannakis and Inger Schörling.
On 24 April 2002 the co-chairmen of the Conciliation Committee established that the joint
text had been approved, pursuant to paragraph III.8 of the Joint declaration on practical
arrangements for the new co-decision procedure,1 and forwarded it to Parliament and the
Council in all the official languages.
The report was tabled on 16 May 2002.
1
OJ C 148, 28.5.1999, p. 1.
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DRAFT LEGISLATIVE RESOLUTION
European Parliament legislative resolution on the joint text approved by the
Conciliation Committee for a European Parliament and Council directive amending for
the twentieth time Council Directive 76/769/EEC relating to restrictions on the
marketing and use of certain dangerous substances and preparations (short-chain
chlorinated paraffins) (PE-CONS 3617/2002 – C5-0138/2002 – 2000/0104(COD))
(Codecision procedure: third reading)
The European Parliament,
– having regard to the joint text approved by the Conciliation Committee (PE-CONS
3617/2002 – C5-0138/2002),
– having regard to its position at first reading1 on the Commission proposal to Parliament
and the Council (COM(2000) 2602),
–
having regard to the amended Commission proposal (COM(2001) 2683),
–
having regard to its position at second reading4 on the Council common position5,
–
having regard to the Commission's opinion on Parliament's amendments to the common
position (COM(2002) 42 - C5-0042/2002)6,
– having regard to Article 251(5) of the EC Treaty,
– having regard to Rule 83 of its Rules of Procedure,
– having regard to the report of its delegation to the Conciliation Committee
(A5-0171/2002),
1. Approves the joint text;
2. Instructs its President to sign the act with the President of the Council pursuant to Article
254(1) of the EC Treaty;
3. Instructs its Secretary-General duly to sign the act and, in agreement with the SecretaryGeneral of the Council, to have it published in the Official Journal of the European
Communities;
1
OJ C 267, 21.9.2001, p. 18.
OJ C 337, 28.11.2000, p. 138.
3
OJ C 213, 31.7.2001, p. 296.
4
Texts Adopted, 29.11.2001, point 2.
5
OJ C 301, 26.10.2001, p. 39.
6
OJ C not yet published.
2
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4. Instructs its President to forward this legislative resolution to the Council and
Commission.
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EXPLANATORY STATEMENT
Introduction
Short-chain chlorinated paraffins (SCCPs) are classified as dangerous to the environment,
since they are very toxic to aquatic organisms and may cause long-term adverse effects in the
aquatic environment. They are mainly used as an additive in metal working fluids.
A recent risk assessment, carried out within the framework of Community Regulation 793/93
on the evaluation and control of existing substances, concluded that there is a need for
specific protective measures for the aquatic ecosystem.
In order to take into account Community risk-assessments and the relevant scientific evidence
in support of PARCOM (Convention for the Prevention of Marine Pollution from land-based
Sources, which lays down the phasing out of the uses of SCCPs within a timeframe) Decision
95/1, it was considered necessary to approximate the laws of the Member States on the use of
SCCPs and consequently to amend Annex I to Council Directive 76/769 of 27 July 1976
relating to restrictions on the marketing and use of certain dangerous substances and
preparations (short-chain chlorinated paraffins).
The 20th amendment of this Directive seeks to ban SCCPs in the two areas of application
cited in a Commission Recommendation, namely for metalworking and leather finishing.
With regard to the other applications of SCCPs (namely plasticiser in paints, coatings and
sealants, and flame retardant in rubber, plastics and textiles), risk reduction measures should
be reconsidered before 1 January 2003, in light of the review of scientific knowledge and
technical progress.
First and second readings
The subject was addressed in the Giuseppe NISTICO (EPP/ED, I) report, adopted at first
reading on 1 February 2001. It adopted four amendments designed mainly to strengthen the
draft legislation by extending the ban on the use of SCCPs to other areas such as their use as
plasticisers in paints or coatings.
The Commission accepted several amendments but the amended Commission proposal did
not accept this extension of the scope of the proposed ban.
The Council adopted its common position on 27 June 2001. To a large extent, it corresponded
to the Commission's amended proposal. The Council also introduced a provision whereby the
ban on marketing SCCPs would apply only to concentrations higher than 1% for the
applications mentioned.
At second reading (29 November 2001) Parliament adopted the NISTICO report containing 2
amendments to the common position, adopted already at first reading and which sought to
extend the scope of the proposed ban in accordance with PARCOM Decision 95/1 and called
on the Commissin to make proposals to reduce other uses of SCCPs. The Commission gave
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an unfavourable opinion on these amendments.
The directive in conciliation
The Council decided it could not accept Parliament's amendments and the EP delegation was
constituted by written procedure on 31 January 2002.
A trialogue took place on 5 February 2002, followed by a delegation meeting on 6 February
2002. At this last meeting, Parliament's delegation decided to accept a Council compromise
text on recital 1 (amendment 1) agreeing to take into account the risk assessments and the
relevant scientific evidence in support of the PARCOM Decision, mentioned in the EP
amendment.
However, the EP delegation did not accept the Council position on recital 4 (amendment 2)
concerning all remaining uses of SCCPs. The delegation unanimously proposed to review
them in the light of risk assessments under Regulation 793/93 or in the light of all other
relevant scientific information on the uses of all (not only short-chain) chlorinated paraffins.
This position was not accepted by the Council which proposed a new wording, which
contradicted the European Parliament's text in that it did not underline the possibility of two
clear alternatives, whereby the Commission could make proposals to reduce the uses
concerned.
In the meantime, the conciliation procedure was opened without discussion at the meeting of
the Conciliation Committee on 26 February 2002.
The Council wanted the EP delegation to meet again in order to change its position.
Nevertheless, Mr Friedrich, chairman of the delegation, did not agree to ask the delegation to
review a position which had been adopted by unanimity.
Instead, Mr Friedrich obtained the agreement of the Council to convene a new trialogue on 19
March 2002. The text finally agreed at this meeting and which meets the European
Parliament's concerns, reads as follows (recital 4 of the joint-text): "The remaining uses of all
chlorinated paraffins are to be reviewed in the light of relevant scientific knowledge, in
particular with regard to emissions containing chlorinated paraffins. The Commission should
make appropriate proposals to reduce such uses".
On 9 April 2002 the European Parliament delegation approved the overall compromise
package with the Council by written procedure.
Conclusions
The delegation regards the end result of conciliation as very satisfactory for Parliament, as the
joint text has incorporated its amendments in a reworked form. It therefore recommends that
the House adopt the text at third reading.
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