PURPOSE: To amend provisions relating to the marketing and use of dangerous substances, in this case polycyclic aromatic hydrocarbons in extender oils and tyres (PHAs).

LEGISLATIVE ACT: Directive 2005/69/EC of the European Parliament and of the Council amending for the 27 th time Council Directive 76/769 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 (polycyclic aromatic hydrocarbons in extender oils and tyres).

CONTENT: The purpose of this amendment is to reduce the emission of Benzo(a)pyrene (BaP) and polycyclic aromatic hydrocarbons (PHAs), both of which have been proven to be carcinogenic, mutagenic and toxic to reproduction. Indeed, the Scientific Committee on toxicity has confirmed the scientific findings, which identify the adverse health effects of PAHs.

In order to meets its objectives of reducing BaP and PHAs the Directive amends Council Directive 76/769 and in particular Annex I thereof. The provisions of this Directive cover passenger car tyres, light and heavy truck tyres, agricultural tyres and motorcycle tyres. The Directive foresees a transitory period to allow tyre producers to develop and test new types of tyres which can be produced without high aromatic extender oils. A further feature of the Directive is the adoption of harmonised test methods on PAHs in extender oils and tyres. However, the adoption of such test methods should not delay the entry into force of the Directive. Testing methods should preferably be developed at European or international level through either CEN or ISO. The Directive does not affect Community legislation laying down minimum requirements for the protection of workers. Lastly, the Directive does not intend to restrict the placing on the market of tyres produced before 1 January 2010 and which can thus be sold off from stocks subsequent to this date. All tyres re-treaded after 1 January 2010 should be re-treaded with new tread containing new PAH-low extender oils.

DATE OF APPLICATION: Member States must ensure that all the laws, regulations and administrative provisions needed to comply with this Directive are published by 29 December 2006. The measures will apply from 1 January 2010.

ENTRY INTO FORCE: 29 December 2005.

The European Parliament adopted a resolution drafted by Adamos ADAMOU (EUL/NGL), endorsing the compromise package agreed between its representatives and the Council in order to conclude this dossier at the first reading stage. (Please see the document of 20/04/2005.) On the question of application of the legislation, Parliament has inserted in the text a clause stating that the Directive should be applied to economic operators from 1 January 2010. All tyres retreaded after 1 January 2010 should be retreaded with new tread containing new PAH-low extender oils. The tyres and treads for retreading manufactured after 1 January 2010 may not be placed on the market if they contain extender oils exceeding the limits indicated.

The European Parliament adopted a resolution drafted by Adamos ADAMOU (EUL/NGL), endorsing the compromise package agreed between its representatives and the Council in order to conclude this dossier at the first reading stage. (Please see the document of 20/04/2005.) On the question of application of the legislation, Parliament has inserted in the text a clause stating that the Directive should be applied to economic operators from 1 January 2010. All tyres retreaded after 1 January 2010 should be retreaded with new tread containing new PAH-low extender oils. The tyres and treads for retreading manufactured after 1 January 2010 may not be placed on the market if they contain extender oils exceeding the limits indicated.

The committee adopted the report by Adamos ADAMOU (GUE/NGL, CY) broadly approving the proposal under the 1st reading of the codecision procedure, subject to a few amendments:

- although it agreed with the Commission's proposed method for determining the carcinogenity of certain oils (extender oils could only be placed on the market and used for tyres if they contained less than 1mg/kg BaP and if the sum of the listed PAHs did not exceed 10 mg/kg), the committee also wanted to add another method advocated by the tyre and oil industry, namely, IP 346. Extender oils would therefore have to contain less than 3% PAC-dimethyl sulfoxide extract as measured by the IP 346 method. By allowing either of these approaches, MEPs argued that it would be possible to increase the range of non-carcinogenic potential rubber extender oils permitted to be used, without affecting the level of protection afforded to the public and the environment as intended by the Commission proposal;

- the proposed date for implementation of the directive should be extended by one year, to give industry time to develop products meeting the new criteria. The committee therefore proposed that the provisions should apply as from 1 January 2010. However, exceptions should be made for tyres produced before this date and being sold off from stocks. Moreover, a time-limited transitional period, ending on 1 January 2012, should be granted for vintage tyres, specialist tyres imported in limited numbers into the EU for Original Equipment (OE) and 'special purpose vehicles';

- a measuring method should be applied for implementation of the directive, and the committee proposed the analytical method under ISO 21461:200x, with a limit value of less than or equal to 0.35% bay proton.