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2008/0033(COD) Dangerous substances and preparations: restrictions on the marketing and use of dichloromethane

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead ENVI SCHLYTER Carl (icon: Verts/ALE Verts/ALE)
Committee Opinion IMCO
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 095

Events

2009/06/03
   Final act published in Official Journal
Details

PURPOSE: to restrict the sale and use of paint strippers containing Dichloromethane.

LEGISLATIVE ACT: Decision No 455/2009/EC of the European Parliament and of the Council amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of dichloromethane.

CONTENT: following a first reading agreement between Parliament and Council, this Decision imposes a ban on the supply to consumers of paint strippers containing dichloromethane (DCM), which is commonly used for domestic purposes to remove paints, varnishes and lacquers. It also imposes restrictions better to control and reduce the risks involved in industrial and professional uses.

The risks posed to human health by dichloromethane (DCM) in paint strippers were assessed in several studies which concluded that risk reduction measures were required throughout the Community to reduce the risks posed to human health during the application of DCM at industrial, professional and consumer levels.

Accordingly, paint strippers containing dichloromethane in a concentration equal to or greater than 0.1% by weight shall not be:

placed on the market for the first time for supply to the general public or to professionals after 6 December 2010; placed on the market for supply to the general public or to professionals after 6 December 2011; used by professionals after 6 June 2012.

However, by way of derogation, Member States may allow specifically trained professionals to use paint strippers containing dichloromethane and may allow the placing on the market of such paint strippers for supply to those professionals. Member States making use of this derogation must ensure that a professional holds a certificate demonstrating proper training and competence to use paint strippers containing dichloromethane safely. The Decision sets out the minimum criteria for appropriate training.

Paint strippers containing dichloromethane in concentrations equal to or greater than 0.1% by weight may be used in industrial installations only if as a minimum certain prescribed conditions are met. These include effective ventilation in all processing areas and personal protective equipment that complies with Directive 89/686/EEC.

The Decision modifies Council Directive 76/769/EEC on restrictions in the marketing of dangerous substances.

ENTRY INTO FORCE : 06/06/2009

Documents
Decision 2009/455
OJ L 137 03.06.2009, p. 0003
2009/05/06
   CSL - Draft final act
Documents
03610/2009/LEX
2009/05/06
   CSL - Final act signed
2009/05/06
   EP - End of procedure in Parliament
2009/04/23
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2009/04/23
   CSL - Council Meeting
2009/02/11
   EC - Commission response to text adopted in plenary
Documents
SP(2009)693
2009/01/14
   EP - Decision by Parliament, 1st reading
Details

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 derogation

Member 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.

Documents
T6-0017/2009
2009/01/13
   EP - Debate in Parliament
Documents
Debate in Parliament
2008/09/17
   ESC - Economic and Social Committee: opinion, report
Documents
CES1504/2008
2008/09/12
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
A6-0341/2008
2008/09/12
   EP - Committee report tabled for plenary, 1st reading
Documents
A6-0341/2008
2008/09/09
   EP - Vote in committee, 1st reading
Details

The Committee on the Environment, Public Health and Food Safety adopted a report drafted by Carl SCHLYTER (Greens/ALE, SE) and amended 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 committee wants a total ban on dichloromethane-based paint strippers, including for licensed professionals.

The main amendments – made in 1st reading of codecision procedure – are as follows :

Recitals: these have been considerably expanded in order to clarify the purposes and provisions of the legislation. Members note that dichloromethane (DCM) is being used in very high concentration in paint stripping products. It is very volatile and has a narcotic effect leading to depression of the central nervous system and to cardio-toxicological effects at high exposure, with a direct risk of death as a result of misuse. Alternatives to DCM with a much better human health and environmental hazard and risk profile are available.

Prohibition of DCM for professional use : the committee also notes in the recitals that professional use of DCM-based paint strippers regularly exceeds occupational exposure limits (OELs), despite good ventilation, and even when used outdoors. Compliance with the OELs is practically non-existent, as users lack adequate measuring equipment and do not make use of adequate personal protection measures. Enforcement of the OELs is inherently inadequate due to the large number, small size and mobile nature of the enterprises involved. Accordingly, DCM should be completely banned also for licensed professionals. The committee deleted the derogation which authorised the supply of paint strippers containing dichloromethane to licensed professionals. It also deleted the clauses on training for professionals, stating that training will not rectify problems of non-compliance.

Limit values for industrial use : Members point out that in November 2007, the Scientific Committee on Occupational Exposure Limits recommended limit values for an eight hour 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. Accordingly, paint strippers containing dichloromethane in concentrations equal to or greater than 0.1% by mass may be used in industrial installations only if the following conditions are met : a) operation of effective exhaust ventilation proven to ensure full compliance with national occupational exposure limits that shall not exceed 100 ppm (353 mg/m3) for an eight hour Time Weighted Average or 200 ppm (706 mg/m3) for a 15 minute Short Term Exposure Level, or proven use of respiratory protective equipment with an independent air supply; (b) all strip tanks covered when not in use; (ba) separate ventilated area for the drying of stripped articles ; (c) appropriate protective gloves and masks for operators. Members stressed that, in order to reduce exposure to DCM in industrial use as much as possible, the drying of stripped articles should take place in separate ventilated areas.

Labelling : a new recital notes that, as professionals may have access to DCM-based paint stripper despite the ban through the distribution chain intended for industrial users, a warning phrase should be included on the product. The committee strengthened the wording on packaging and labelling provisions. Paint strippers containing more than 0.1% by mass of dichloromethane shall be legibly and indelibly marked as follows: "Dangerous! Reserved for industrial uses only". The Commission had proposed "Reserved for industrial and professional uses".

2008/07/17
   EP - Amendments tabled in committee
Documents
PE409.588
2008/06/16
   EP - Committee draft report
Documents
PE407.937
2008/03/11
   EP - Committee referral announced in Parliament, 1st reading
2008/03/03
   EP - SCHLYTER Carl (Verts/ALE) appointed as rapporteur in ENVI
2008/02/14
   EC - Legislative proposal
Details

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 studies which 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.

Documents
COM(2008)0080
EUR-Lex
2008/02/14
   EC - Document attached to the procedure
Documents
SEC(2008)0192
EUR-Lex
2008/02/14
   EC - Document attached to the procedure
Documents
SEC(2008)0193
EUR-Lex
2008/02/13
   EC - Legislative proposal published
Details

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 studies which 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.

Documents
COM(2008)0080
EUR-Lex

Documents

Activities

AmendmentsDossier
22 2008/0033(COD)
2008/07/17 ENVI 22 amendments...
source: PE-409.588

History

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

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2019-07-06Show (15) Changes | Timetravel
activities
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  • date: 2008-09-09T00:00:00 body: EP committees: body: EP responsible: True committee: ENVI date: 2008-03-03T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: Verts/ALE name: SCHLYTER Carl body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO type: Vote in committee, 1st reading/single reading
  • date: 2008-09-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-341&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0341/2008 body: EP committees: body: EP responsible: True committee: ENVI date: 2008-03-03T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: Verts/ALE name: SCHLYTER Carl body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2009-01-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20090113&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2009-01-14T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16044&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-2009-17 type: Decision by Parliament, 1st reading/single reading title: T6-0017/2009 body: EP type: Results of vote in Parliament
  • date: 2009-04-23T00:00:00 body: CSL type: Council Meeting council: Agriculture and Fisheries meeting_id: 2937
  • date: 2009-04-23T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2009-05-06T00:00:00 body: CSL type: Final act signed
  • date: 2009-05-06T00:00:00 body: EP type: End of procedure in Parliament
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  • date: 2008-02-14T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/sec/2008/0192/COM_SEC(2008)0192_EN.pdf title: SEC(2008)0192 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=SECfinal&an_doc=2008&nu_doc=192 title: EUR-Lex type: Document attached to the procedure body: EC
  • date: 2008-02-14T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/sec/2008/0193/COM_SEC(2008)0193_EN.pdf title: SEC(2008)0193 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=SECfinal&an_doc=2008&nu_doc=193 title: EUR-Lex type: Document attached to the procedure body: EC
  • date: 2008-06-16T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE407.937 title: PE407.937 type: Committee draft report body: EP
  • date: 2008-07-17T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE409.588 title: PE409.588 type: Amendments tabled in committee body: EP
  • date: 2008-09-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-341&language=EN title: A6-0341/2008 type: Committee report tabled for plenary, 1st reading/single reading body: EP
  • date: 2008-09-17T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:1504)(documentyear:2008)(documentlanguage:EN) title: CES1504/2008 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2009-02-11T00:00:00 docs: url: /oeil/spdoc.do?i=16044&j=0&l=en title: SP(2009)693 type: Commission response to text adopted in plenary
  • date: 2009-05-06T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F09&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 03610/2009/LEX type: Draft final act body: CSL
events
  • date: 2008-02-14T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2008/0080/COM_COM(2008)0080_EN.pdf title: COM(2008)0080 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2008&nu_doc=80 title: EUR-Lex 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 studies which 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.
  • date: 2008-03-11T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2008-09-09T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on the Environment, Public Health and Food Safety adopted a report drafted by Carl SCHLYTER (Greens/ALE, SE) and amended 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 committee wants a total ban on dichloromethane-based paint strippers, including for licensed professionals. The main amendments – made in 1st reading of codecision procedure – are as follows : Recitals: these have been considerably expanded in order to clarify the purposes and provisions of the legislation. Members note that dichloromethane (DCM) is being used in very high concentration in paint stripping products. It is very volatile and has a narcotic effect leading to depression of the central nervous system and to cardio-toxicological effects at high exposure, with a direct risk of death as a result of misuse. Alternatives to DCM with a much better human health and environmental hazard and risk profile are available. Prohibition of DCM for professional use : the committee also notes in the recitals that professional use of DCM-based paint strippers regularly exceeds occupational exposure limits (OELs), despite good ventilation, and even when used outdoors. Compliance with the OELs is practically non-existent, as users lack adequate measuring equipment and do not make use of adequate personal protection measures. Enforcement of the OELs is inherently inadequate due to the large number, small size and mobile nature of the enterprises involved. Accordingly, DCM should be completely banned also for licensed professionals. The committee deleted the derogation which authorised the supply of paint strippers containing dichloromethane to licensed professionals. It also deleted the clauses on training for professionals, stating that training will not rectify problems of non-compliance. Limit values for industrial use : Members point out that in November 2007, the Scientific Committee on Occupational Exposure Limits recommended limit values for an eight hour 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. Accordingly, paint strippers containing dichloromethane in concentrations equal to or greater than 0.1% by mass may be used in industrial installations only if the following conditions are met : a) operation of effective exhaust ventilation proven to ensure full compliance with national occupational exposure limits that shall not exceed 100 ppm (353 mg/m3) for an eight hour Time Weighted Average or 200 ppm (706 mg/m3) for a 15 minute Short Term Exposure Level, or proven use of respiratory protective equipment with an independent air supply; (b) all strip tanks covered when not in use; (ba) separate ventilated area for the drying of stripped articles ; (c) appropriate protective gloves and masks for operators. Members stressed that, in order to reduce exposure to DCM in industrial use as much as possible, the drying of stripped articles should take place in separate ventilated areas. Labelling : a new recital notes that, as professionals may have access to DCM-based paint stripper despite the ban through the distribution chain intended for industrial users, a warning phrase should be included on the product. The committee strengthened the wording on packaging and labelling provisions. Paint strippers containing more than 0.1% by mass of dichloromethane shall be legibly and indelibly marked as follows: "Dangerous! Reserved for industrial uses only". The Commission had proposed "Reserved for industrial and professional uses".
  • date: 2008-09-12T00:00:00 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=A6-2008-341&language=EN title: A6-0341/2008
  • date: 2009-01-13T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20090113&type=CRE title: Debate in Parliament
  • date: 2009-01-14T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=16044&l=en title: Results of vote in Parliament
  • date: 2009-01-14T00:00:00 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-2009-17 title: 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 derogation Member 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.
  • date: 2009-04-23T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2009-05-06T00:00:00 type: Final act signed body: CSL
  • date: 2009-05-06T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2009-06-03T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to restrict the sale and use of paint strippers containing Dichloromethane. LEGISLATIVE ACT: Decision No 455/2009/EC of the European Parliament and of the Council amending Council Directive 76/769/EEC as regards restrictions on the marketing and use of dichloromethane. CONTENT: following a first reading agreement between Parliament and Council, this Decision imposes a ban on the supply to consumers of paint strippers containing dichloromethane (DCM), which is commonly used for domestic purposes to remove paints, varnishes and lacquers. It also imposes restrictions better to control and reduce the risks involved in industrial and professional uses. The risks posed to human health by dichloromethane (DCM) in paint strippers were assessed in several studies which concluded that risk reduction measures were required throughout the Community to reduce the risks posed to human health during the application of DCM at industrial, professional and consumer levels. Accordingly, paint strippers containing dichloromethane in a concentration equal to or greater than 0.1% by weight shall not be: placed on the market for the first time for supply to the general public or to professionals after 6 December 2010; placed on the market for supply to the general public or to professionals after 6 December 2011; used by professionals after 6 June 2012. However, by way of derogation, Member States may allow specifically trained professionals to use paint strippers containing dichloromethane and may allow the placing on the market of such paint strippers for supply to those professionals. Member States making use of this derogation must ensure that a professional holds a certificate demonstrating proper training and competence to use paint strippers containing dichloromethane safely. The Decision sets out the minimum criteria for appropriate training. Paint strippers containing dichloromethane in concentrations equal to or greater than 0.1% by weight may be used in industrial installations only if as a minimum certain prescribed conditions are met. These include effective ventilation in all processing areas and personal protective equipment that complies with Directive 89/686/EEC. The Decision modifies Council Directive 76/769/EEC on restrictions in the marketing of dangerous substances. ENTRY INTO FORCE : 06/06/2009 docs: title: Decision 2009/455 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32009D0455 title: OJ L 137 03.06.2009, p. 0003 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2009:137:TOC
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  • Amending Directive 76/769/EEC
2015-11-04Show (2) Changes | Timetravel
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PreLex
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EUR-Lex
2014-11-10Show (5) Changes
activities
  • date: 2008-02-14T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2008/0080/COM_COM(2008)0080_EN.pdf celexid: CELEX:52008PC0080:EN type: Legislative proposal published title: COM(2008)0080 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry Commissioner: VERHEUGEN Günter
  • date: 2008-03-11T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: ENVI date: 2008-03-03T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: Verts/ALE name: SCHLYTER Carl body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO
  • date: 2008-09-09T00:00:00 body: EP committees: body: EP responsible: True committee: ENVI date: 2008-03-03T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: Verts/ALE name: SCHLYTER Carl body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO type: Vote in committee, 1st reading/single reading
  • date: 2008-09-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-341&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0341/2008 body: EP committees: body: EP responsible: True committee: ENVI date: 2008-03-03T00:00:00 committee_full: Environment, Public Health and Food Safety rapporteur: group: Verts/ALE name: SCHLYTER Carl body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2009-01-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20090113&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2009-01-14T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16044&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-2009-17 type: Decision by Parliament, 1st reading/single reading title: T6-0017/2009 body: EP type: Results of vote in Parliament
  • date: 2009-04-23T00:00:00 body: CSL type: Council Meeting council: Agriculture and Fisheries meeting_id: 2937
  • date: 2009-04-23T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2009-05-06T00:00:00 body: CSL type: Final act signed
  • date: 2009-05-06T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2009-06-03T00:00:00 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=32009D0455 title: Decision 2009/455 url: http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2009:137:SOM:EN:HTML title: OJ L 137 03.06.2009, p. 0003
committees
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  • body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO
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European Commission
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Amending Directive 76/769/EEC
subtype
Legislation
title
Dangerous substances and preparations: restrictions on the marketing and use of dichloromethane
type
COD - Ordinary legislative procedure (ex-codecision procedure)
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